2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 505 - INSURANCE DIVISION
505.7 - FEES -- EXPENSES OF DIVISION.

        505.7  FEES -- EXPENSES OF DIVISION.
         1.  All fees and charges which are required by law to be paid by
      insurance companies, associations, and other regulated entities shall
      be payable to the commissioner of the insurance division of the
      department of commerce or department of revenue, as provided by law,
      whose duty it shall be to account for and pay over the same to the
      treasurer of state at the time and in the manner provided by law for
      deposit in the department of commerce revolving fund created in
      section 546.12.
         2.  The commissioner shall account for receipts and disbursements
      according to the separate inspection and examination duties imposed
      upon the commissioner by the laws of this state and each separate
      inspection and examination duty shall be fiscally self-sustaining.
         3.  Forty percent of the nonexamination revenues payable to the
      division of insurance or the department of revenue in connection with
      the regulation of insurance companies or other entities subject to
      the regulatory jurisdiction of the division shall be deposited in the
      department of commerce revolving fund created in section 546.12 and
      shall be subject to annual appropriation to the division for its
      operations and is also subject to expenditure under subsection 6.
      The remaining nonexamination revenues payable to the division of
      insurance or the department of revenue shall be deposited in the
      general fund of the state.
         4.  Except as otherwise provided in subsection 6, the insurance
      division may expend additional funds if those additional expenditures
      are actual expenses which exceed the funds budgeted for statutory
      duties of the division and directly result from the statutory duties
      of the division.  The amounts necessary to fund the excess division
      expenses shall be collected from additional fees and other moneys
      collected by the division.  The division shall notify in writing the
      legislative services agency and the department of management when
      hiring additional personnel.  The written notification shall include
      documentation that any additional expenditure related to such hiring
      will be totally reimbursed to the general fund, and shall also
      include the division's justification for hiring such personnel.  The
      division must obtain the approval of the department of management
      only if the number of additional personnel to be hired exceeds the
      number of full-time equivalent positions authorized by the general
      assembly.
         5.  The insurance division may transfer moneys between budgeted
      line items of its appropriation, but such transfers may not reduce
      moneys budgeted for examinations or professional services, including
      but not limited to actuarial and legal services.
         6. a.  The insurance division may expend additional funds,
      including funds for additional personnel if those additional
      expenditures are actual expenses which exceed the funds budgeted for
      insurance solvency oversight under the following conditions:
         (1)  The division may exceed the line item budgets for
      examinations and professional services, including but not limited to
      legal and actuarial services, provided that the division funds the
      increased expenditures through assessments or increased
      nonexamination revenues payable to the division under subsection 1 or
      otherwise.  The amounts necessary to fund the excess expenses may be
      collected from those regulated entities or classes of entities which
      either cause or benefit from the expenditure or encumbrance.
         (2)  Before the division expends or encumbers an amount in excess
      of the funds budgeted for line items other than examinations and
      professional services, the director of the department of management
      shall approve the expenditure or encumbrance.  Before approval is
      given, the director of the department of management shall determine
      that the expenses can be paid from nonexamination revenues payable to
      the division under subsection 1 or otherwise.  Upon the approval of
      the director of the department of management the division may expend
      and encumber funds for the excess expenses.  The amounts necessary to
      fund the excess expenses may be collected from those regulated
      entities or classes of entities which either cause or benefit from
      the expenditure or encumbrance.
         b.  The annual salaries of the deputy commissioner for
      supervision and the chief examiner appointed pursuant to section
      507.5 shall be expenses of examination of insurance companies and
      shall be charged to insurance companies examined on a proportionate
      basis as provided by rule adopted by the commissioner.  Insurance
      companies examined shall pay the proportion of the salaries of the
      deputy commissioner for supervision and the chief examiner charged to
      them as part of the costs of examination as provided in section
      507.8.
         7.  The insurance division shall, by January 15 of each year,
      prepare estimates of projected receipts, refunds, and reimbursements
      to be generated by the examinations function of the division during
      the calendar year in which the report is due, and such receipts,
      refunds, and reimbursements shall be treated in the same manner as
      repayment receipts, as defined in section 8.2, subsection 8, and
      shall be available to the division to pay the expenses of the
      division's examination function.
         8.  The commissioner may assess the costs of an audit or
      examination to a health insurance purchasing cooperative, in the same
      manner as provided for insurance companies under sections 507.7
      through 507.9, and may establish by rule reasonable filing fees to
      fund the cost of regulatory oversight.
         9.  The commissioner may retain funds collected during the fiscal
      year beginning July 1, 2003, pursuant to any settlement, enforcement
      action, or other legal action authorized under federal or state law
      for the purpose of reimbursing costs and expenses of the division.
      

         Section History: Early Form

         [S13, § 1683-r5; C24, 27, 31, 35, 39, § 8612; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 505.7] 

         Section History: Recent Form

         86 Acts, ch 1246, § 615; 87 Acts, ch 234, § 433; 90 Acts, ch 1247,
      § 12, 13; 91 Acts, ch 26, §32; 91 Acts, ch 260, §1239; 93 Acts, ch
      88, § 3; 94 Acts, ch 1176, §1, 2; 2002 Acts, 2nd Ex, ch 1003, §32,
      35; 2003 Acts, ch 35, §45, 49; 2003 Acts, ch 145, §286; 2003 Acts, ch
      179, §135; 2009 Acts, ch 181, §62, 63
         Referred to in § 87.11E, 502.302, 502.304A, 502.305, 502.321G,
      502.410, 507.9, 507B.7, 508.13, 508.14, 508.15, 508E.3, 508E.16,
      512B.25, 514.9A, 514B.3B, 514B.12, 514G.113, 515.42, 515.121,
      515.146, 515.147, 515A.17, 515F.19, 516E.2, 518.15, 518A.18, 518A.40,
      520.10, 520.12, 521A.10, 522A.5, 522B.5, 523A.204, 523A.501,
      523A.502, 523A.502A, 523A.504, 523A.807, 523A.812, 523C.3, 523C.13,
      523D.2A, 523I.205, 523I.813
         Deposit of fees, § 12.10 

         Footnotes

         For future repeal of 2009 amendments to subsections 1 and 3,
      effective July 1, 2011, see 2009 Acts, ch 179, §146