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Insurance Department/Licensing Fees/Retain Portion, the official text

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SPONSOR: Rep. K. Williams & Sen. Paradee
                                                                              Reps. Bush, Ross Levin, Wilson-Anton; Sens. Hansen,
                                                                              Mantzavinos

                          HOUSE OF REPRESENTATIVES
                            153rd GENERAL ASSEMBLY

                                                 HOUSE BILL NO. 18

    AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LICENSING FEES AND
    DEPARTMENT OF INSURANCE FUNDING.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members
    elected to each house thereof concurring therein):

1   Section 1. Amend § 305, Title 18 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 305. Office; Insurance Commissioner Regulatory Revolving Fund.

4   (c) (1) All supervisory assessments, examination fees and any rate filing or form filing fees paid by insurers and

5 All of the following must be collected by the Commissioner pursuant to this title shall be and deposited in the State

6 Treasury to the credit of said Insurance Commissioner Regulatory Revolving Fund to be used in the operation of the office

7 as authorized by the General Assembly in its annual operating budget. budget:

8   a. Supervisory assessments.

9   b. Examination fees.

10  c. Rate filing and form filing fees paid by insurers.

11  d. 15% of all licensing fees of insurance professionals collected pursuant to paragraphs (23) through (31),

12  (35) through (37), (41) and (42) of § 701 of this title.

13  (2) All Except as otherwise provided by law, other fees and/orand taxes collected by the Commissioner shall

14  may not be deposited in said Fund but shall be deposited in the General Fund of the State.

15  (e) The maximum unencumbered balance which shall remain in the Insurance Commissioner Regulatory

16 Revolving Fund at the end of any fiscal year effective as of June 30, 2005; shall be $1,400,000; and any amount in excess

17 thereof shall cause the Insurance Commissioner to reduce assessments or fees collected in the next fiscal year by an amount

18 sufficient to reduce the Regulatory Revolving Fund fiscal year end balance back to or below $1,400,000. is $5,000,000. At

19 the end of each fiscal year, the unencumbered balance in the Insurance Commissioner Regulatory Revolving Fund in excess

20 of $5,000,000 must be transferred to the General Fund.

21  Section 2. Amend § 701, Title 18 of the Delaware Code by making deletions as shown by strike through and

22 insertions as shown by underline as follows:            Page 1 of 6           Released: 01/30/2025 12:22 PM
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23  § 701. Fee schedule.

24  Except as provided herein or otherwise by law, the Commissioner shall collect, in advance, fees, costs and

25 miscellaneous charges as follows:

26       (23) Insurance producer (§ 1702(i) of this title), limited line credit insurance producer (as defined in § 1702

27  of this title), and limited lines producer (all as defined in § 1702 of this title) and miscellaneous limited lines producer

28  (§ 1708(f) of this title).

29                a. Initial license (resident and nonresident) 100 125

30                b. Resident license renewal (due biennially February 28 in even years beginning February 28, 2004) 100

31  125

32                c. Resident insurance producer's, limited line credit insurance producer's, limited lines producer's

33  producers, limited line credit insurance producers, and limited lines producers initially licensed within 90 days

34  prior to the renewal deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that

35  specific biennial renewal period referenced in paragraph (23)b of this section.

36                d. Nonresident license renewal (due biennially February 28 in odd years beginning February 28, 2003)

37  100 125

38                e. Nonresident producer's, producers, nonresident limited line credit insurance producer, producers, and

39  nonresident limited lines producer producers and nonresident miscellaneous limited lines producer's initially

40  licensed within 90 days prior to the renewal deadline of February 28 (December 1-February 28) are not subject to

41  the renewal fee for that specific biennial renewal period referenced in paragraph (23)d. of this section.

42                f. One-time appointment of insurance producer, limited line credit insurance producer, and limited lines

43  producer and miscellaneous limited line producer (§ 1715 of this title), each insurer 50

44       (24) Amendments to license issued under Chapter 17 of this title 25 50

45       (25) Surplus lines broker (§ 1912 of this title):

46                a. Initial license (resident and nonresident) 250 275

47                b. Resident license renewal (due biennially February 28 in even years beginning February 28, 2004) 200

48  225

49                c. Resident surplus lines broker's brokers initially licensed within 90 days prior to the renewal deadline

50  of February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial renewal

51  period referenced in paragraph (25)b. of this section.

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52                d. Nonresident license renewal (due biennially February 28 in odd years beginning February 28, 2003)

53  200 225

54                e. Nonresident surplus lines broker's brokers initially licensed within 90 days prior to the renewal

55  deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial

56  renewal period referenced in paragraph (25)d. of this section.

57       (26) Fraternal representative (§ 1702(g) of this title):

58                a. Initial license (resident and nonresident) 100 125

59                b. Resident license renewal (due biennially February 28 in even years beginning February 28, 2004) 100

60  125

61                c. Resident fraternal representative's representatives initially licensed within 90 days prior to the renewal

62  deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial

63  renewal period referenced in paragraph (26)b. of this section.

64                d. Nonresident license renewal (due biennially February 28 in odd years beginning February 28, 2003)

65  100 125

66                e. Nonresident fraternal representative's representatives initially licensed within 90 days prior to the

67  renewal deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that specific

68  biennial renewal period referenced in paragraph (26)d. of this section.

69                f. One-time appointment of fraternal representative (§ 1715 of this title), each society or association 50

70       (27) Adjuster (§ 1702(a) of this title):

71                a. Initial license (resident and nonresident) 100 125

72                b. Resident license renewal (due biennially February 28 in even years beginning February 28, 2004) 100

73  125

74                c. Resident adjuster's adjusters initially licensed within 90 days prior to the renewal deadline of February

75  28 (December 1-February 28) are not subject to the renewal fee for that specific biennial renewal period

76  referenced in paragraph (27)b. of this section.

77                d. Nonresident license renewal (due biennially February 28 in odd years beginning February 28, 2003)

78  100 125

79                e. Nonresident adjuster's adjusters initially licensed within 90 days prior to the renewal deadline of

80  February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial renewal period

81  referenced in paragraph (27)d. of this section.

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82        (28) Motor vehicle appraiser (§ 1702(c) of this title):

83                 a. Initial license (resident and nonresident) 100 125

84                 b. Resident license renewal (due biennially February 28 in even years beginning February 28, 2004) 100

85   125

86                 c. Resident motor vehicle appraiser's appraisers initially licensed within 90 days prior to the renewal

87   deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial

88   renewal period referenced in paragraph (28)b. of this section.

89                 d. Nonresident license renewal (due biennially February 28 in odd years beginning February 28, 2003)

90   100 125

91                 e. Nonresident motor vehicle appraiser's appraisers initially licensed within 90 days prior to the renewal

92   deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial

93   renewal period referenced in paragraph (28)d. of this section.

94        (29) Apprentices (§ 1702(d) of this title) and temporary insurance producer (§ 1711 of this title)

95   License (initial) 50 75

96        (30) ”Viatical settlement provider” and viatical settlement broker (§ 7502 of this title):

97                 a. Initial license (resident and nonresident) 250 275

98                 b. Resident license License renewal (due biennially annually February 28 in even years beginning

99   February 28, 2004) 250 275

100                c. Resident viatical Viatical settlement provider's providers and brokers initially licensed within 90 days

101  prior to the renewal deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that

102  specific biennial renewal period referenced in paragraph (33)b. paragraph (30)b. of this section.

103                d. Nonresident license renewal (due biennially February 28 in odd years ending in the numbers 1, 3, 5, 7,

104  9             beginning February 28, 2003) 250

105                e. Nonresident viatical settlement provider's initially licensed within 90 days prior to the renewal

106  deadline of February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial

107  renewal period referenced in paragraph (30)d. of this section.

108       (31) Business entity (insurance agency, § 1702(f) of this title):

109                a. Initial license (resident and nonresident) 100 125

110                a. .b. Resident license renewal (due biennially February 28 in even years beginning February 28, 2004)

111  100 125

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112                b. c. Resident business entity entities initially licensed within 90 days prior to the renewal deadline of

113  February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial renewal period

114  referenced in paragraph (23)b. paragraph (31)b. of this section.

115                c. d. Nonresident license renewal (due biennially February 28 in odd years beginning February 28, 2003)

116  100 125

117                d. e. Nonresident business entity entities initially licensed within 90 days prior to the renewal deadline of

118  February 28 (December 1-February 28) are not subject to the renewal fee for that specific biennial renewal period

119  referenced in paragraph (23)d. paragraph (31)d. of this section.

120           (35) Bail agent, initial and renewal:

121           Bail agent 200 225

122           (36)a. For initial licensing of a discount medical plan organization: 500 525

123                b. For renewal of discount medical plan organization license: 250 275

124           (37) Limited lines travel insurance producers (that are registering travel retailers under chapter 17B of this

125  title):

126                a. For initial licensing of a limited lines travel insurance producer: 1,000 1,025

127                b. For renewal of a limited lines travel insurance producer license: 500 525

128                c. Licensing periods, renewal datesrenewal dates, and appointments for limited lines travel insurance

129  producers are subject to paragraph (23) of this section.

130           (41) Rental company limited lines producer license (§ 2006 of this title), each year 325

131           (42) Portable electronics vendor limited lines license (§ 2057 of this title).

132                a. Initial license 1,025

133                b. License renewal 525

134  Section 3. Amend § 2006, Title 18 of the Delaware Code by making deletions as shown by strike through and

135 insertions as shown by underline as follows:

136  § 2006. Fees.

137  The fee for this limited license shall be $300 per year, per company. is the fee set forth in § 701 of this title.

138

139  Section 4. Amend § 2057, Title 18 of the Delaware Code by making deletions as shown by strike through and

140 insertions as shown by underline as follows:

141  § 2057. Application for license and fees.

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142  (e) Each vendor of portable electronics licensed under this chapter shall pay to the Insurance Commissioner a fee

143 as prescribed by the Commissioner but in no event shall the fee exceed $1,000 for an initial portable electronics limited

144 lines license and $500 for each renewal thereof. the fee set forth in § 701 of this title.

                                                                         SYNOPSIS

               Section 1 of this Act allows the Department of Insurance to retain a portion of the licensing fees for insurance
     professionals in the Regulatory Revolving Fund. Section 1 of this bill also increases the maximum unencumbered balance
     that the Commissioner shall maintain in the Insurance Commissioner Regulatory Revolving Fund to $5,000,000. The
     previous balance was set by the General Assembly in 2005. Finally, Section 1 of this Act requires that any unencumbered
     balance in the Regulatory Revolving Fund in excess of $5,000,000 at the end of each fiscal year be transferred to the
     General Fund.

               Section 2 of this Act increases the licensing fees for insurance professionals by $25 and makes certain technical
     corrections. Sections 3 and 4 of this Act centralize licensing fees within one statutory provision (§ 701).

               These changes are necessary to reflect the growth of the Department operating budget and to cover further
     operating expenses realized as a result of additional statutory duties executed by the Insurance Department. The retention
     of these funds will ensure that the Department continues providing high-level services to the consumers of Delaware,
     maintains necessary staffing to satisfy NAIC accreditation standards, and avoids federal preemption.

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