SENATE BILL NO. 447
INTRODUCED BY E. FRANKLIN
BY REQUEST OF THE HOUSE JOINT APPROPRIATIONS SUBCOMMITTEE ON GENERAL GOVERNMENT
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE DEPOSIT OF FEES COLLECTED BY THE COMMISSIONER OF INSURANCE; AUTHORIZING THE COMMISSIONER TO REBATE OR CREDIT FEES TO MATCH APPROPRIATIONS; AMENDING SECTION 33-2-708, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 33-2-708, MCA, is amended to read:
"33-2-708. Fees and licenses. (1) Except as provided in 33-17-212(2) and subject to subsection (2) of this section, the commissioner shall collect and the persons served shall pay to the commissioner the following fees:
(a) certificates of authority:
(i) for filing applications for original certificates of authority, articles of incorporation, except original articles of incorporation of domestic insurers as provided in subsection (1)(b), and other charter documents, bylaws, financial statement, examination report, power of attorney to the commissioner, and all other documents and filings required in connection with the application and for issuance of an original certificate of authority, if issued:
(A) domestic insurers $600.00
(B) foreign insurers 600.00
(ii) annual continuation of certificate of authority 600.00
(iii) reinstatement of certificate of authority 25.00
(iv) amendment of certificate of authority 50.00
(b) articles of incorporation:
(i) filing original articles of incorporation of a domestic insurer, exclusive of fees required to be paid by the corporation to the secretary of state 20.00
(ii) filing amendment of articles of incorporation, domestic and foreign insurers, exclusive of fees required to be paid to the secretary of state by a domestic corporation 25.00
(c) filing bylaws or amendment to bylaws when required 10.00
(d) filing annual statement of insurer, other than as part of application for original certificate of authority 25.00
(e) insurance producer's license:
(i) application for original license, including issuance of license, if issued 15.00
(ii) appointment of insurance producer, each insurer, electronically filed 10.00
(iii) appointment of insurance producer, each insurer, nonelectronically filed 15.00
(iv) temporary license 15.00
(v) amendment of license, excluding additions to license, or reissuance of master license 15.00
(vi) termination of insurance producer, each insurer, electronically filed 10.00
(vii) termination of insurance producer, each insurer, nonelectronically filed 15.00
(f) nonresident insurance producer's license:
(i) application for original license, including issuance of license, if issued 100.00
(ii) appointment of insurance producer, each insurer, electronically filed 10.00
(iii) appointment of insurance producer, each insurer, nonelectronically filed 15.00
(iv) annual renewal of license 10.00
(v) amendment of license, excluding additions to license, or reissuance of master license 15.00
(vi) termination of insurance producer, each insurer, electronically filed 10.00
(vii) termination of insurance producer, each insurer, nonelectronically filed 15.00
(g) examination, if administered by the commissioner, for license as insurance producer, each examination 15.00
(h) surplus lines insurance producer license:
(i) application for original license and for issuance of license, if issued 50.00
(ii) annual renewal of license 50.00
(i) adjuster's license:
(i) application for original license and for issuance of license, if issued 15.00
(ii) annual renewal of license 15.00
(j) insurance vending machine license, each machine, each year 10.00
(k) motor club representative's license:
(i) application for original license and issuance of license, if issued 15.00
(ii) annual renewal of license 15.00
(l) commissioner's certificate under seal, except when on certificates of authority or licenses 10.00
(m) copies of documents on file in the commissioner's office, per page .50
(n) policy forms:
(i) filing each policy form 25.00
(ii) filing each application, certificate, enrollment form, rider, endorsement, amendment, insert page, schedule of rates, and clarification of risks 10.00
(iii) maximum charge if policy and all forms submitted at one time or resubmitted for approval within 180 days, provided that all additional forms relate to the same policy 100.00
(2) The commissioner shall establish by rule collect fees established by rule in effect on November 3, 1998,
commensurate with costs for filing documents and conducting the course reviews required by 33-17-1204 and 33-17-1205.
(3) The commissioner shall establish collect fees established by rule in effect on November 3, 1998, including an
annual accreditation fee to be paid by each domestic and foreign insurer when it submits a fee for annual continuation of its
certificate of authority.
(4) (a) Except as provided in subsection (4)(b), the The commissioner shall promptly deposit with the state treasurer to
the credit of the general fund all fines and penalties, and those amounts received pursuant to 33-2-311, 33-2-312, 33-2-705,
and 33-2-706, and any fees and examination and miscellaneous charges that are collected by the commissioner pursuant to
Title 33 and the rules adopted under Title 33,. except that all All other fees for filing documents and conducting the course
reviews required by 33-17-1204 and 33-17-1205 collected pursuant to this section and other provisions of this title must be
deposited in the state special revenue fund pursuant to 33-17-1207.
(b) The accreditation fee required by subsection (3) and the annual renewal of license fee established in subsection
(1)(f)(iv) must be turned over promptly to the state treasurer who shall deposit the money in the state special revenue fund
to the credit of the commissioner's office. The accreditation fee funds must be used only to pay the expenses of the
commissioner's office in discharging the administrative and regulatory duties that are required to meet the minimum
financial regulatory standards established by the national association of insurance commissioners, subject to the applicable
laws relating to the appropriation of state funds and to the deposit and expenditure of money. The commissioner is
responsible for the proper expenditure of the accreditation money and the renewal fee.
(5) All fees are considered fully earned when received. In the event of overpayment, only those amounts in excess of $10 will be refunded.
(6) The commissioner shall rebate or credit, in whole or part, for each fiscal year any or all fees due pursuant to this section and other provisions of this title and fees established by rule in effect on November 3, 1998, so that the commissioner receives in fees an amount as near as possible to the appropriation set by the legislature."
NEW SECTION. Section 2. Coordination instructions -- contingent voidness. (1) If Senate Bill No. 132 is passed and approved, then [this act] is void.
(2) If Senate Bill No. 130 is submitted to and is approved by the electorate, then [this act] is void.
NEW SECTION. Section 3. Effective date. Subject to [section 2], [this act] is effective July 1, 1999.
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Latest Version of SB 447 (SB0447.01)
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