Oklahoma § 36-1116 - Penalty for failure to remit tax

§ 36-1116. Penalty for failure to remit tax

A. Any surplus lines licensee or broker who fails to remit the

surplus line tax provided for by Section 1115 of this title shall be

liable for a civil penalty not to exceed Twenty-five Dollars

($25.00) for each day of delinquency, per policy. The Insurance

Commissioner shall collect the tax by distraint and shall recover

the penalty by an action in the name of the State of Oklahoma. The

Commissioner may request the Attorney General to appear in the name

of the state by relation of the Commissioner.

B. If any person, association or legal entity procuring or

accepting any insurance coverage from a surplus lines insurer where

Oklahoma is the home state of the insured, otherwise than through a

surplus lines licensee or broker, fails to remit the surplus line

tax provided for by Section 1115 of this title, the person,

association or legal entity shall, in addition to the tax, be liable

to a civil penalty in an amount equal to one percent (1%) of the

premiums paid or agreed to be paid for the policy or policies of

insurance for each calendar month of delinquency or a civil penalty

in the amount of Twenty-five Dollars ($25.00) whichever shall be the

greater. The Insurance Commissioner shall collect the tax by

distraint and shall recover the civil penalty in an action in the

name of the State of Oklahoma. The Commissioner may request the

Attorney General to appear in the name of the state by relation of

the Commissioner.

Added by Laws 1957, p. 259, § 1116, operative July 1, 1957. Amended

by Laws 1959, p. 135, § 1, emerg. eff. July 8, 1959; Laws 1991, c.

146, § 6, eff. Sept. 1, 1991; Laws 1992, c. 65, § 2, eff. Sept. 1,

1992; Laws 1997, c. 418, § 41, eff. Nov. 1, 1997; Laws 2009, c. 432,

§ 10, eff. July 1, 2009; Laws 2010, c. 222, § 20, eff. Nov. 1, 2010;

Laws 2011, c. 278, § 21 and Laws 2011, c. 360, § 21; Laws 2012, c.

45, § 18, emerg. eff. April 16, 2012; Laws 2021, c. 478, § 5, emerg.

eff. May 12, 2021.

NOTE: Laws 2011, c. 278, § 21 and Laws 2011, c. 360, § 21 made

identical changes to this section.