384.059.  Premium tax applicable to surplus lines, rate, payment — broker may charge tax to insured. — 1.  There is hereby imposed on surplus brokers for the privilege of doing the business of a surplus lines broker in this state a tax of five percent of the net premium received with respect to surplus lines insurance on risks located in this state and subject to sections 375.136, 375.301, 375.786 and sections 384.011 to 384.071 as shown on the annual report filed with the department pursuant to section 384.057.  For the purpose of this section, "net premiums" means the gross amount of charges for surplus lines insurance exclusive of sums collected for the payment of federal, state and local taxes, less returned premiums.  The tax shall be paid before April sixteenth of each year.  Nothing in sections 375.136, 375.301, 375.786 and sections 384.011 to 384.071 shall exempt from the tax levied by this section any surplus lines insurance covering risks in this state procured by a surplus lines broker or other broker for or on behalf of an airline, railroad, or motor carrier.  The portion of the risk in this state shall be in the proportion that the carrier's revenue miles in this state bears to its total revenue miles.

  2.  The surplus lines broker may collect from the insured an amount equal to the tax provided for in this section.