Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1123
(Industry, Business and Labor Committee)
(At the request of the Insurance Commissioner)
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.
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. H. B. NO. 1123 - PAGE 2
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.
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. H. B. NO. 1123 - PAGE 3
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 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:
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: H. B. NO. 1123 - PAGE 4
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. H. B. NO. 1123 - PAGE 5
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1123.
House Vote: Yeas 80 Nays 12 Absent 2
Senate Vote:Yeas 40 Nays 5 Absent 2
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State