GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 721
AN ACT TO RAISE MISCELLANEOUS FEES COLLECTED BY THE DEPARTMENT OF INSURANCE.
The General Assembly of North Carolina enacts:
Section 1. 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 of Insurance that its business, capital and other
qualifications comply with the provisions of this Article, upon paying to the Commissioner
of Insurance, Commissioner, the sum of two hundred dollars
($200.00) 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 and regulations
as may be promulgated adopted by the Commissioner of Insurance. Commissioner.
For each such renewal such company shall pay to the Commissioner of
Insurance the sum of two hundred dollars ($200.00), five hundred
dollars ($500.00), 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
of Insurance, 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 of Insurance shall charge the land mortgage
companies or title insurance companies examined with the actual expense of such
examination."
Sec. 2. G.S. 58-69-10 reads as rewritten:
"§ 58-69-10. Applications for licenses; fees; bonds or deposits.
Licenses hereunder shall be obtained by filing written application therefor with the Commissioner in such form and manner as the Commissioner shall require. As a prerequisite to issuance of a license:
(1) The applicant shall furnish to the Commissioner such data and information as the Commissioner may deem reasonably necessary to enable him to determine, in accordance with the provisions of G.S. 58-69-15, whether or not a license should be issued to the applicant.
(2) If the applicant is a
motor club it shall be required to pay to the Commissioner an a
nonrefundable annual license fee of two hundred dollars ($200.00) three
hundred dollars ($300.00) and to deposit or file with the Commissioner a
bond, in favor of the State of North Carolina and executed by a surety company
duly authorized to transact business in this State, in the amount of fifty
thousand dollars ($50,000), or securities of the type hereinafter specified in
the amount of fifty thousand dollars ($50,000), pledged to or made payable to
the State of North Carolina and conditioned upon the full compliance by the
applicant with the provisions of this Article and the regulations and orders
issued by the Commissioner pursuant thereto, and upon the good faith
performance by the applicant of its contracts for motor club services.
(3) If the applicant is a
branch or district office of a motor club licensed under this Article it shall
pay to the Commissioner a nonrefundable license fee of twenty dollars
($20.00). fifty dollars ($50.00).
(4) If the applicant is a
franchise motor club it shall pay to the Commissioner an a
nonrefundable annual license fee of fifty dollars ($50.00) one
hundred dollars ($100.00) and shall deposit or file with the Commissioner a
bond, in favor of the State of North Carolina and executed by a surety company
duly authorized to transact business in this State, in the amount of fifty
thousand dollars ($50,000), or securities of the type hereinafter specified in
the amount of fifty thousand dollars ($50,000), pledged to or made payable to
the State of North Carolina and conditioned upon the full compliance by the
applicant with the provisions of this Article and the regulations and orders
issued by the Commissioner pursuant thereto and upon the good faith performance
by the applicant of its contracts for motor club services.
(5) Any applicant depositing securities under this section shall do so in the form and manner as prescribed in Article 5 of this Chapter, and the provisions of Article 5 of this Chapter, shall be applicable to securities pledged under this Article."
Sec. 3. G.S. 58-70-35 reads as rewritten:
"§ 58-70-35. Application fee; issuance of permit; contents and duration.
(a) Upon the
filing of the application and information hereinbefore required, required
by this Article, the Commissioner may require the applicant to shall
pay a nonrefundable fee of five hundred dollars ($500.00), and no
permit may be issued until this fee is paid. If the application is
denied, the Commissioner shall retain fifty dollars ($50.00) of the application
fee and return the remainder to the applicant. The fifty dollars ($50.00)
so retained upon applications not granted, and the full fee of five hundred
dollars ($500.00) upon the applications granted, Fees collected under
this subsection shall be used in paying the expenses incurred in connection
with the consideration of such applications and the issuance of such permits.
(b) Each permit shall state the name of the applicant, his place of business, and the nature and kind of business in which he is engaged. The Commissioner shall assign to the permit a serial number for each year, and each permit shall be for a period of one year, beginning with July 1 and ending with June 30 of the following year.
(c) A permit is assignable or transferable only if the assignee or transferee qualifies under the provisions of this Article. Upon any change in ownership of a permittee, if a sole proprietorship or partnership, or upon a change in ownership of more than fifty percent (50%) of the shares or voting rights of a corporate permittee, a permit issued to a permittee is void unless within 30 days of the change of ownership the new owner or owners have satisfied the Commissioner that he or they qualify for a permit under this Article, and he or they maintain a bond in accordance with and in the amount required for a renewal bond under G.S. 58-70-20."
Sec. 4. G.S. 58-71-55 reads as rewritten:
"§ 58-71-55. License fees.
A nonrefundable license fee of sixty dollars
($60.00) one hundred dollars ($100.00) shall be paid to the
Commissioner with each application for license as a professional bondsman and a
license fee of twenty dollars ($20.00) sixty dollars ($60.00) shall
be paid to the Commissioner with each application for license as a
runner."
Sec. 5. G.S. 58-71-70 reads as rewritten:
"§ 58-71-70. Examination; fees.
Except as hereinafter provided, an applicant for license to
be a professional bondsman or runner shall be required to appear in person and
take a written examination prepared by the Commissioner testing his ability and
qualifications. Each applicant shall become eligible for examination 30
days after the date the application is received by the Commissioner.
Examinations shall be held at such time and place as designated by the
Commissioner, and the applicant shall be given notice of such time and place
not less than 15 days prior to taking the examination. The fee for such
examination shall be fifteen dollars ($15.00) twenty-five dollars
($25.00) for professional bondsmen and ten dollars ($10.00) twenty-five
dollars ($25.00) for runners. These examination fees are
nonrefundable. The failure of an applicant to pass an examination
shall not preclude him from taking subsequent examinations; provided, however,
that at least one year must intervene between examinations.
No person shall be required to submit to examination to
obtain license as a professional bondsman if he is now licensed by the
Commissioner of Insurance or the Secretary of Revenue and is performing the
functions of a bondsman on the taking effect of this Article, and no person
shall be required to submit to examination to obtain license as a runner if he
is performing the functions of a runner on the taking effect of this Article."
Sec. 6. G.S. 58-71-75 reads as rewritten:
"§ 58-71-75. Renewal of licenses; fees.
A renewal license shall be issued by the Commissioner to a
licensee who has continuously maintained his license in effect without further
examination upon the payment of a renewal fee of ten dollars ($10.00) sixty
dollars ($60.00) in case of runners and thirty dollars ($30.00) one
hundred dollars ($100.00) in case of professional bondsmen, but such
licensees shall in all other respects be required to comply with and be subject
to the provisions of this Article. After the receipt of such licensee's
application for renewal, the current license shall continue in effect until the
renewal license is issued or denied for cause."
Sec. 7. G.S. 58-33-125(c) reads as rewritten:
"(c) Any person not
registered who is required by law or administrative rule to secure a license
shall, upon application for registration, pay to the Commissioner a fee of
thirty dollars ($30.00). In the event additional licensing for other
kinds of insurance is requested, a fee of twenty dollars ($20.00) thirty
dollars ($30.00) shall be paid to the Commissioner upon application for
registration for each additional kind of insurance.
In addition to the fees prescribed by this subsection, any
person applying for a supplemental license to sell Medicare supplement and
long-term care insurance policies shall pay an additional fee of fifteen
dollars ($15.00) thirty dollars ($30.00) upon application for
registration for those kinds of insurance."
Sec. 8. This act is effective upon ratification, and the fees generated herein shall be deposited in the General Fund.
In the General Assembly read three times and ratified this the 16th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives