SENATE BILL NO. 130
INTRODUCED BY HERTEL J
BY REQUEST OF THE STATE AUDITOR
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A FEE OF $1,900 FOR INSURERS APPLYING FOR OR WISHING TO RENEW A CERTIFICATE OF AUTHORITY TO CONDUCT THE BUSINESS OF INSURANCE IN MONTANA; SUBMITTING THE FEE INCREASE TO THE ELECTORATE; AMENDING SECTION 33-2-708, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; 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) (a) Except as provided in 33-17-212(2), the commissioner shall collect a fee of
$1,900 from each insurer applying for or annually renewing a certificate of authority to conduct the business of insurance in
Montana. 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)(b) The commissioner shall collect certain additional fees as follows:
(i) nonresident insurance producer's license:
(i)(A) 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)(B) 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)(ii) surplus lines insurance producer license:
(i)(A) application for original license and for issuance of license, if issued 50.00
(ii)(B) 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 issued15.00
(ii) annual renewal of license 15.00
(l) commissioner's certificate under seal, except when on certificates of authority or licenses 10.00
(m)(iii) .50 for each page for 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) (a) The commissioner shall establish by rule fees commensurate with costs for filing documents and conducting the
course reviews required by 33-17-1204 and 33-17-1205 charge a fee of $75 for each course or program submitted for
review as required by 33-17-1204 and 33-17-1205, but may not charge more than $1,500 to a sponsoring organization
submitting courses or programs for review in any biennium.
(b) Insurers and associations composed of members of the insurance industry are exempt from the charge in subsection (2)(a).
(3) The commissioner shall establish by rule 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
(3) 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, 33-2-705, and 33-2-706., and any fees and examination and
miscellaneous charges that are All other fees collected by the commissioner pursuant to Title 33 and the rules adopted under
Title 33, except that all fees for filing documents and conducting the course reviews required by 33-17-1204 and
33-17-1205 must be deposited in the state special revenue fund pursuant to 33-17-1207 to the credit of the state auditor's
office.
(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)(4) All fees are considered fully earned when received. In the event of overpayment, only those amounts in excess of
$10 will be refunded."
NEW SECTION. Section 2. Submission to electorate. This act shall be submitted to the qualified electors of Montana as provided in Title 13, chapter 1, MCA, at the tax election to be held in 1999, by printing on the ballot the full title of this act and the following:
SHALL THE APPLICATION AND ANNUAL RENEWAL FEE TAX FOR CERTIFICATES OF AUTHORITY TO CONDUCT THE BUSINESS OF INSURANCE IN MONTANA BE INCREASED ANNUALLY IN THE FOLLOWING MANNER?
[] FOR increasing the fee to obtain or renew a certificate of authority to conduct the business of insurance in Montana to $1,900.
[] AGAINST increasing the fee to obtain or renew a certificate of authority to conduct the business of insurance in Montana to $1,900.
NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.
NEW SECTION. Section 4. Effective date. If approved by the electorate, this act is effective January 1, 2001, with the application and renewal fee in 33-2-708 being due March 1, 2001, for tax year 2000.
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Latest Version of SB 130 (SB0130.01)
Processed for the Web on December 23, 1998 (3:25PM)
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Status of this Bill
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