20-167

20-167. Fees

A. The director shall collect in advance the following fees, as adjusted pursuant to subsection F of this section, which are nonrefundable on payment:

                                          Not Less Than: Not More Than:
 1.  For filing charter documents:
 

(a) Original charter documents,

articles of incorporation,

bylaws, or record of

organization of insurers,

or certified copies thereof,

required to be filed with

the director and not also

subject to filing in the

office of the corporation

         commission                            $   40.00      $  115.00
    (b)  Amended charter documents                 15.00          45.00
          

(c) No charge or fee shall be

required for filing with

the director any of such

documents also required

by law to be filed in the

office of the corporation

commission

2. Certificate of authority:

(a) Issuance:

         Fraternal benefit societies           $   15.00      $   45.00
 

Medical or hospital service

corporations, health care

services organizations or

prepaid dental plan

         organizations                             40.00         115.00
 

Mechanical

         reimbursement reinsurers                 150.00         450.00
         All other insurers                       100.00         295.00
    (b)  Renewal:
         Fraternal benefit societies               15.00          45.00
         

Medical or hospital service

corporations, health care

services organizations or

prepaid dental plan

         organizations                             40.00         115.00
         

Domestic stock life insurers,

domestic stock disability

insurers or domestic stock

         life and disability insurers             750.00       2,250.00
         

Domestic life reinsurers,

domestic disability

reinsurers or domestic

life and disability

         reinsurers                             2,250.00       5,500.00
         

Mechanical reimbursement

         reinsurers                             2,250.00       5,500.00
         All other insurers                        70.00         205.00
    

3. Certificate of registration as an

administrator or application for

    renewal under section 20-485.12            $  100.00   $  295.00
    

4. Authority to solicit applications

for and issue policies by means

    of mechanical vending machines             $   30.00      $   90.00
 5.  Service company permit                    $  150.00      $  450.00
    

6. Application for motor vehicle

     service contract program approval         $  150.00   $  450.00
 

7. Life care contract application

     or annual report                          $  225.00      $  675.00
 8.  Filing annual statement                   $  150.00      $  450.00
 

9. Annual statement filing for

exempt insurer transacting life

insurance, disability insurance

or annuity business pursuant to

    section 20-401.05                          $   65.00      $  100.00
 

10. Licenses and examinations:

     (a)  Licenses:
 

Surplus lines broker's license,

      quadrennially                            $  600.00      $1,000.00
 

All other licenses,

      quadrennially                                60.00         180.00
     (b)  Examinations for license:
 

Examination on laws and one kind

     of insurance                                   8.00          25.00
     

Examination on laws and two or

     more kinds of insurance                       15.00          45.00
 11.  Miscellaneous:
 

Fee accompanying service of

     process upon director                     $    8.00      $   25.00
 

Certificate of director,

     under seal                                     1.50           5.00
 

Copy of document filed in

     director's office, per page                    0.50           0.75
 

B. Except as provided in section 20-1098.18, the director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected pursuant to this section in the state general fund. A refund is not allowed for any unused portion of a fee, and the director shall not prorate fees.

C. The license fees prescribed by this section shall be payment in full of all demands for all state, county, district and municipal license fees, license taxes, business privilege taxes and business privilege fees and charges of every kind.

D. Each domestic stock life or disability insurer that pays the renewal fee required under subsection A of this section is entitled to a credit in the amount of at least four hundred fifty-five dollars but not more than six hundred eighty dollars, as adjusted pursuant to subsection F of this section, to apply to the premium tax the insurer then owes pursuant to section 20-224, but the credit is not cumulative.

E. The director may contract for the examination for the licensing of adjusters, insurance producers, bail bond agents, risk management consultants and surplus lines brokers. If the director does so, the fee for examinations for licenses pursuant to this section is payable directly to the contractor by the applicant for examination. The director may agree to a reasonable examination fee to be charged by the contractor. The fee may exceed the amounts prescribed in this section.

F. Each December 1, if the revenue collected from fees during the prior fiscal year is less than ninety-five per cent or more than one hundred ten per cent of the appropriated budget for the current fiscal year, the director shall revise all fees within the limits prescribed by subsection A of this section on a uniform percentage basis among all fee categories and shall adjust the credit prescribed by subsection D of this section as necessary in order to retain any required uniformity. The director shall revise the fees in such a manner that the revenue derived from the fees during the subsequent fiscal year equals at least ninety-five per cent but not more than one hundred ten per cent of the appropriated budget for the current fiscal year. The revised fee schedule shall be effective July 1 of the subsequent fiscal year. For the purposes of this subsection, appropriated budget does not include any appropriation for the operation of the captive insurance program established under chapter 4, article 14 of this title. Any fees collected from captive insurers pursuant to subsection H of this section shall not be counted for the purpose of meeting the requirement of this section to recover at least ninety-five but not more than one hundred ten per cent of the department's appropriated budget.

G. The director may contract with a voluntary domestic organization of surplus lines brokers to perform any transaction prescribed in chapter 2, article 5 of this title, including the acceptance or maintenance of the reports required by section 20-408. The director may allow the contractor to charge a stamping fee. The surplus lines broker shall pay the stamping fee established pursuant to this section directly to the contractor.

H. Captive insurers shall pay certificate of authority issuance and renewal fees as prescribed by the director.

I. For the purposes of subsection G of this section, "stamping fee" means a reasonable filing fee charged by a contractor for any transaction prescribed in chapter 2, article 5 of this title, including the acceptance or maintenance of the reports required by section 20-408.