GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 965

Short Title:  Insurance Department Fees.	(Public)

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Sponsors: Senator Miller.

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Referred to:  Finance.

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April 17, 1997

A BILL TO BE ENTITLED
AN ACT TO REPEAL POLICY FORM FILING FEES AND HEALTH MAINTENANCE ORGANIZATION ANNUAL REPORT FEES AND TO INCREASE CERTAIN RENEWAL FEES COLLECTED BY THE DEPARTMENT OF INSURANCE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 58-6-5 reads as rewritten:
"§ 58-6-5.  Schedule of fees and charges.
(a)	The Commissioner shall collect and pay into the General Fund fees and charges as follows:
(1)	For filing and examining an insurance company application for licensing or for filing and examining a workers' compensation self-insurer's application for licensing, a fee of two hundred fifty dollars ($250.00), to be submitted with the filing.
(2)	Repealed by Session Laws 1977, c. 376, s. 2.
(3)	A copy of any record or paper in the Commissioner's office, a charge of fifty cents (50¢)  per sheet.
(4)	 All other fees and charges due and payable into the General Fund by any company, association, order, or individual under this Chapter.
	" " (6)	One hundred dollars ($100.00) per day late charge for any company that fails to file the financial statements required by G.S. 58-2-165 by the required filing date or that fails to make those filings within any extended filing period approved by the Commissioner.
(7)	One hundred dollars ($100.00) for filing and examining an application for a third-party administrator license issuance or renewal under G.S. 58-47-215, to be submitted with the filing.
(b)	All fees and charges collected by the Commissioner under this Chapter are nonrefundable."
Section 2.  G.S. 58-6-7 reads as rewritten:
"§ 58-6-7.  Annual license fees for insurance companies.
(a)	In order to do business in this State, an insurance company shall apply for and obtain a license from the Commissioner by March 1 of each year. The license shall become effective the following July 1 and shall remain in effect for one year. Except as provided in subsection (b) of this section, the insurance company shall pay an annual fee for the license as follows: 
For each domestic farmer's mutual assessment fire
     insurance company 	$ 25.00
For each fraternal order 	100.00
For each of all other insurance companies, except
     mutual burial associations taxed under G.S.
     105-121.1 	1,500.00
The fees levied in this subsection are in addition to those specified in G.S. 58-6-5.
(b)	When the paid-in capital stock or surplus, or both, of an insurance company, other than a farmer's mutual assessment company or a fraternal order, does not exceed one hundred thousand dollars ($100,000), the fee levied in this section shall be one-half of the amount specified.
	(d)	Any rating bureau established by action of the General Assembly of North Carolina shall be exempt from the fees above levied."
Section 3.  G.S. 58-22-70 reads as rewritten:
"§ 58-22-70.  Registration and renewal fees.
Every risk retention group and purchasing group that registers with the Commissioner under this Article shall pay the following fees:
Risk retention group registration	 $250.00
Purchasing group registration	 50.00
Risk retention group renewal	1,500.00
Purchasing group renewal	50.00
Registration fees shall not be prorated and must be submitted with the application for registration.  Renewal fees shall not be prorated and shall be paid on or before January 1 of each year."
Section 4.  G.S. 58-27-10 reads as rewritten:
"§ 58-27-10.  Licenses.
Any domestic land mortgage company, or title insurance company, wishing to do business under the provisions of this Article upon making written application and submitting proof satisfactory to the Commissioner that its business, capital and other qualifications comply with the provisions of this Article, upon paying to the Commissioner, the sum of five hundred dollars ($500.00) as a license fee and all other fees assessed against such company may be licensed to do business in this State under the provisions of this Article until the first day of the following July, and may have its license renewed for each year thereafter so long as it complies with the provisions of this Article and such rules adopted by the Commissioner.  For each such renewal such company shall pay to the Commissioner the sum of one thousand five hundred dollars ($1,500) and all other fees assessed against such company and such renewal shall continue in force and effect until a new license be issued or specifically refused, unless revoked for good cause.  The Commissioner, or any person appointed by him, shall have the power and authority to make such rules and regulations and examinations not inconsistent with the provisions of this Article, as may be in his discretion necessary or proper to enforce the provisions hereof and secure compliance with the terms of this Article.  For any examination made hereunder the Commissioner shall charge the land mortgage companies or title insurance companies examined with the actual expense of such examination."
Section 5.  G.S. 58-65-55 reads as rewritten:
"§ 58-65-55. Issuance of certificate.
Before issuing any such license or certificate the Commissioner may make such an examination or investigation as he deems expedient.  The Commissioner shall issue a certificate of authority or license upon the payment of an annual fee of one thousand five hundred dollars ($1,500) and upon being satisfied on the following points:
(1)	The applicant is established as a bona fide nonprofit hospital service corporation as defined by this Article and Article 66 of this Chapter.
(2)	The rates charged and benefits to be provided are fair and reasonable.
(3)	The amounts provided as working capital of the corporation are repayable only out of earned income in excess of amounts paid and payable for operating expenses and hospital and medical and/or dental expenses and such reserve as the Department deems adequate, as provided hereinafter.
(4)	That the amount of money actually available for working capital be sufficient to carry all acquisition costs and operating expenses for a reasonable period of time from the date of the issuance of the certificate."
Section 6. G.S. 58-64-30(b) reads as rewritten:
"(b)	The annual disclosure statement required to be filed with the Commissioner under this section shall be accompanied by an annual filing fee of one hundred seventy-five dollars ($175.00)."
Section 7.  G.S. 58-67-160 reads as rewritten:
"§ 58-67-160.  Fees.
Every health maintenance organization subject to this Article shall pay to the Commissioner a fee of two hundred fifty dollars ($250.00) for filing an application for a license and a fee of one thousand five hundred dollars ($1,500) for each license renewal.
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Section 8.  This act becomes effective July 1, 1997, and applies to fees or charges due on or after that date.