25.8124.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Industry, Business and Labor Committee
(At the request of the Insurance Commissioner)
A BILL for an Act to amend and reenact sections 26.1-01-07 and 26.1-26-13.4, subsection 4 of
section 26.1-26.8-04, subdivision b of subsection 1 of section 26.1-26.8-05, subdivision a of
subsection 1 of section 26.1-26.8-06, subdivision b of subsection 1 of section 26.1-26.8-09,
subdivision b of subsection 2 of section 26.1-26.8-09, and subsections 2 and 4 of section
26.1-27-03 of the North Dakota Century Code, relating to fees charged by the insurance
commissioner.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 26.1-01-07 of the North Dakota Century Code is
amended and reenacted as follows:
26.1-01-07. Fees chargeable by commissioner.
1.The commissioner shall charge and collect the following fees:
a.For filing articles of incorporation, or copies, or amendments thereof,
twenty-fivefifty dollars.
b.For each original certificate of authority issued upon admittance and for each
annual renewal thereof, one hundredone hundred fifty dollars and for amendment
to certificate of authority, or certified copy thereof, fiftyone hundred dollars. For
each annual renewal for county mutuals, one hundred fifty dollars.
c.For issuing an annual reciprocal exchange license, the same fees as those
applicable to the issuance of a certificate of authority in subsection 2.
d.For filing an annual report of a fraternal benefit society, and issuing a license or
permit to the society, and for each renewal thereof, one hundred dollars.
e.For filing of articles of merger, or copies thereof, thirtyfifty dollars.
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REENGROSSED HOUSE BILL NO. 1123
SECOND ENGROSSMENT
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f.For filing an annual statement for a county mutual, fifty dollars. For filing an
annual statement for a life settlement provider, one hundred dollars. For filing an
annual statement, twenty-fiveone hundred dollars.
g.For filing the abstract of the annual statement of anany insurance company for
publication, thirtyfifty dollars.
h.For an official examination, the expenses of the examination at the rate adopted
by the department. The rates must be reasonably related to the direct and
indirect costs of the examination, including actual travel expenses, including hotel
and other living expenses, compensation of the examiner and other persons
making the examination, and necessary attendant administrative costs of the
department directly related to the examination and must be paid by the examined
insurer together with compensation upon presentation by the department to the
insurer of a detailed account of the charges and expenses after a detailed
statement has been filed by the examiner and approved by the department.
i.For issuing a certificate to a domestic insurance company showing a compliance
with the compulsory reserve provisions of this title and the maintenance of proper
security deposits and for any renewal of the certificate, twenty-five dollars.
j.For a written licensee's examination not administered by the office of the
commissioner under a contract with a testing service, the actual cost of the
examination, subject to approval of the commissioner, which must be paid to the
testing service.
k.For issuing a surplus lines insurance producer's or insurance consultant's
license, one hundred dollars. For each annual renewal of a surplus lines
insurance producer's or insurance consultant's license, twenty-five dollars.
l.For issuing an insurance producer's license, one hundred dollars.
m.For issuing a duplicate of any license or registration issued under this title, ten
dollars.
n.For each insurance company appointment and renewal of an appointment of an
insurance producer, tentwenty-five dollars.
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o.For each company application for admission, five hundred dollars, except
applications for admission for county mutual, fraternal benefit, and surplus lines
companies must be one hundred dollars.
p.For issuing a license and each annual renewal of a license to an insurance
premium finance company, one hundred dollars.
q.For examining or investigating an insurance premium finance company, the
actual expense and per diem incurred; but the per diem charge may not exceed
fifty dollars.
r.For issuing and each annual renewal of a license to an advisory organization, fifty
dollars.
s.For filing an individual insurance producer licensing continuation, twenty-five
dollars.
t.For services provided by the state fire marshal.
u.For an initial application for multiple employer welfare arrangements, five
hundred dollars. For each annual renewal, one hundred dollars.
v.For an initial application for a life settlement provider, one hundred dollars. For
each annual renewal, twenty-five dollars.
w.For a life settlement broker application, an initial broker license fee of
one hundred dollars. For each annual renewal, twenty-five dollars.
x.For issuing an individual resident or nonresident public adjuster license,
one hundred dollars. For each biennial renewal, twenty-five dollars.
y.For issuing a business entity public adjuster license, one hundred dollars. For
each biennial renewal, twenty-five dollars.
z.For issuing a license or certificate for a life or health insurance administrator, two
hundred fifty dollars. For each annual renewal, one hundred dollars.
2.Nonprofit health service corporations and health maintenance organizations are
subject to the same fees as any other insurance company. County mutual insurance
companies and benevolent societies are liable only for the fees mentioned in
subdivisions b, f, g, and h, and n of subsection 1.
3.However, the commissioner may, after public notice and hearing, increase the fees
authorized by this section for any year if it is determined necessary to generate the
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revenue appropriated by the legislative assembly from the insurance regulatory trust
fund to fund budgeted operations for the insurance department. The insurance
commissioner may not implement a fee increase pursuant to this section to enhance
or in any manner add funds to the legislative appropriation for the insurance
departmentIf an amount of a fee, penalty, or interest has been paid which was not due
under this section, a refund may be issued to the individual who made the erroneous
payment. The refund is allowed as a cash refund, at the discretion of the
commissioner. The individual who made the erroneous payment shall present a claim
for refund to the commissioner not later than two years after the due date of the fee for
the period for which the erroneous payment was made.
SECTION 2. AMENDMENT. Section 26.1-26-13.4 of the North Dakota Century Code is
amended and reenacted as follows:
26.1-26-13.4. Biennial license continuation.
A licensed individual insurance producer shall file a biennial license continuation in the form
and manner prescribed by the commissioner and pay a fee of twenty-five dollarsas prescribed
in section 26.1 - 01 - 07 . The commissioner shall give a licensee not less than sixty days' notice of
the biennial license continuation filing deadline.
SECTION 3. AMENDMENT. Subsection 4 of section 26.1-26.8-04 of the North Dakota
Century Code is amended and reenacted as follows:
4.Has paid the resident licensing fee, not to exceed one hundred dollars, prescribed by
the commissioner prescribed in section 26.1 - 01 - 07 ;
SECTION 4. AMENDMENT. Subdivision b of subsection 1 of section 26.1-26.8-05 of the
North Dakota Century Code is amended and reenacted as follows:
b.Has paid the nonresident licensing fee, not to exceed one hundred dollars,
prescribed by the commissioner prescribed in section 26.1 - 01 - 07 .
SECTION 5. AMENDMENT. Subdivision a of subsection 1 of section 26.1-26.8-06 of the
North Dakota Century Code is amended and reenacted as follows:
a.Has paid the business entity licensing fee, not to exceed fifty dollars, prescribed
by the commissioner prescribed in section 26.1 - 01 - 07 ; and
SECTION 6. AMENDMENT. Subdivision b of subsection 1 of section 26.1-26.8-09 of the
North Dakota Century Code is amended and reenacted as follows:
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b.To renew a license, a licensed resident public adjuster and a licensed
nonresident public adjuster shall file a biennial license continuation in the form
and manner prescribed by the commissioner and pay a fee of twenty-five
dollarsas prescribed in section 26.1 - 01 - 07 . The commissioner shall give a
licensee at least sixty days' notice of the biennial license continuation filing
deadline. A resident public adjuster or a nonresident public adjuster who allows
the license to lapse may, within the twelve-month period immediately following
the expiration date, reinstate the same license without the necessity of passing a
written examination, upon payment of a reinstatement fee, not to exceed one
hundred twenty-five dollars, prescribed by the commissioner in addition to the
renewal fee.
SECTION 7. AMENDMENT. Subdivision b of subsection 2 of section 26.1-26.8-09 of the
North Dakota Century Code is amended and reenacted as follows:
b.To renew a license, a licensed business entity public adjuster shall file a biennial
license continuation in the form and manner prescribed by the commissioner and
pay a fee as prescribed in section 26.1 - 01 - 07 .
SECTION 8. AMENDMENT. Subsections 2 and 4 of section 26.1-27-03 of the North Dakota
Century Code are amended and reenacted as follows:
2.All applications must be accompanied by a filing fee of one hundred dollarsas
prescribed in section 26.1 - 01 - 07 .
4.The administrator shall pay an annual renewal fee of fifty dollarsas prescribed in
section 26.1 - 01 - 07 to maintain the certificate.
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