Legislative Change Resources
2015 Legislative Updates
SESSION LAW 2015-101 - AN ACT TO MODERNIZE THE SURPLUS LINES ACT BY INCLUDING ALIEN INSURERS IN THE DEFINITION OF AN ELIGIBLE SURPLUS LINES INSURER, BY REPEALING COUNTERSIGNING REQUIREMENTS, AND BY PROVIDING GREATER FLEXIBILITY FOR THE MANNER OF COLLECTION AND REFUND OF THE SURPLUS LINES TAX.
S.L. 2015-101 was signed by the Governor and became effective June 19, 2015 however S.L. 2015-281, Part V. TECHNICAL CORRECTIONS , Section 13 and Section 14 , amended the effective date of Sections 4, 5, and 6 of S. L. 2015 -101 to be effective January 1, 2017.
Section 1 of S.L. 2015-101 amends G.S. 58-21-10(3) by adding "an alien insurer as defined in G.S. 58-21-17".
Section 2 of S.L. 2015- 101 amends G.S. 58-21-35(a) by adding "or the stamping office, as appropriate".
Section 3 of S.L. 2015 -101 amends G.S. 58-21-40 Surplus lines regulatory support organization (a) by deleting "to" and adding "to carry out the following functions:",(a) (4) by deleting "Countersign nonresident produced surplus lines coverages and remit premium taxes for those coverages under G.S. 58-21-70 by means satisfactory to the Commissioner; and charge the nonresident surplus lines licensee a fee for the certification and countersignature as approved by the Commissioner." substituting "establishes a stamping office to process all surplus lines insurance and remit premium taxes for those coverages under G.S. 58-21-85 by means satisfactory to the Commissioner, and charge surplus lines licensees a fee for such processing." Also amended G.S. 58-21-40(d) by deleting the word "resident".
Section 4. of S. L. 2015- 101 amends G.S. 58-21-65 Licensing of surplus lines licensee (c) by deleting "resident" and (e) by deleting "Nonresident surplus lines licensees shall be licensed in accordance with Article 33 of this Chapter"
Section 5. of S.L. 2015-101 rewrites G.S. 58-21-70 Surplus lines licensees may accept business from other agents or brokers by deleting "countersignatures required; remittance of premium tax" from the title of G.S. 58-21-70 and by deleting both sections (b) "Every report filed by a nonresident licensee under G.S. 58-21-35(a) shall, before being filed with the Commissioner, be countersigned by a resident licensee or by a regulatory support organization. The resident licensee or regulatory support organization may charge the nonresident licensee a countersignature fee." and (c) "Every resident licensee and regulatory support organization that countersigns a report under subsection (b) of this section is responsible for remitting the premium tax for the coverage, as specified in G.S. 58-21-85, to the Commissioner.".
Section 6. of S.L. 2015-101 amends G.S. 58-21-85 Surplus lines tax (a) deleting "by the surplus lines licensee as specified" substituting " a in a manner approved by the Commissioner" and deleting "directly by the surplus lines licensee or through the producing broker, if any" substituting "directly" and (b) is deleted "At the same time that he files his quarterly report as set forth in G.S. 58-21-80, each surplus lines licensee shall pay the premium receipts tax due for the period covered by the report.".
The Department adopted the continuing education (CE) exemptions under the Producer Licensing Model Act (PLMA) which allows exemptions from insurance CE only for military and medical reasons. On July 21, 2010, the NAIC Producer Licensing Working Group adopted a revision to the Uniform Licensing Standard (ULS) for Continuing Education (CE) Requirements that added a third exemption to CE. The third exemption addresses states such as North Carolina that have a grandfather provision for a particular group of licensees that meet specific criteria. The ULS were updated to permit states to continue allowing for grandfather provisions, however, the state must, on a prospective basis, eliminate CE waivers based on age or years in the business.
The Agent Services Division submitted a rule revision to the CE requirements so that previously exempt from CE grandfathered licensees under 11 NCAC 6a.0802(j) are also now exempt from Ethics and Flood CE requirements. The below revision to 11 NCAC 6a.0802 was approved for an effective date of June 1, 2011. A letter will be mailed to each licensee that currently has a permanent CE exemption notifying them that effective June 1, 2011, they no longer have to complete Ethics of Flood CE requirements.
On January 6, 2011, Centers for Medicare and Medicaid Services (CMS) approved the amendment to the NC Medicaid State Plan to allow for resource disregard at long-term care Medicaid eligibility determination and resource protection at estate recovery. Pursuant to Senate Bill 1193 (SESSION LAW 2010-68), the Long-Term Care Partnership goes into effect 60 days after CMS approval on March 7, 2011. The full text of SB 1193 can be viewed through the following link: http://www.ncga.state.nc.us/Sessions/2009/Bills/Senate/PDF/S1193v6.pdf.
The Medicaid State Plan in NC is administered by the NC Department of Health and Human Services (DHHS). The approved NC LTC Partnership policy is federally tax qualified, contains an inflation feature, and displays a Partnership Disclosure Notice. For greater detail see NCGS 58-55-60 or contact your company to discuss the type of product they are filing for approval. Sales can begin March 7, 2011 provided the company has gotten approval of the policy, forms, disclosure notices, rates, etc. applicable to the long-term care partnership product.
Relative to the LTCP program, Agent Services Division has revised the agent continuing education (CE) requirements based on national standards set forth by the federal Deficit Reduction Act of 2005, P.L.109-171 and by the NAIC. The CE rules revisions approved effective March 1, 2011 require companies to ensure that each producer who markets the LTC Partnership products receives the training as specified in the Act. The rule changes effective March 1, 2011 are posted below:
The Agent Services Division has prepared the following Frequently Asked Questions to assist licensees and CE providers with their questions relative to the new LTCP rules:
2010 Rules Filing
The following North Carolina Administrative Rule changes for Title 11 NCAC Chapters 6A and 4 were approved for an October 1, 2010 effective date:
Chapter 6A - Repealed Rules Effective 10-1-2010
- 11 NCAC 06A .0413 LICENSING OF BUSINESS ENTITIES
- 11 NCAC 06A.0901-0904
- 11 NCAC 06A .0901 DEFINITIONS
- 11 NCAC 06A .0902 TRANSACTIONS WITH INSUREDS
- 11 NCAC 06A .0903 RELATIONSHIPS WITH THIRD PARTIES
- 11 NCAC 06A .0904 REGULATORY MATTERS
Chapter 6A and Chapter 4 - Amended Rules Effective 10-1-2010
Chapter 6A - Adopted Rules Effective 10-1-2010
2010 Recommended CE Rules Currently On Hold
On August 7, 2009, Governor Perdue signed Senate Bill 202 into law. This was a budget appropriations bill for current operations of state departments, institutions, and agencies. Based on this bill, the license fees for certain Department of Insurance licenses issued by Agent Services Division were increased effective 8/15/2009.
License fees for bail bondsmen, runners, premium finance companies, motor clubs, collection agencies, and viatical settlement brokers were increased. View full text of Senate Bill 202.
Agent Services Division has revised the license applications for the above license types to reflect the new fee amounts effective 8/15/2009. These revised applications are posted on the Department’s website www.ncdoi.com. If Agent Services Division receives an application on or after 8/15/2009 with the incorrect license fee amount, we will not review the application until the correct fee amount is paid. We will send a letter to the applicant advising that the application is in a “pending” status until such time the total amount of fee is received.
Please contact Agent Services Division at 919-807-6800 if you have any questions.