An Act To Allow Certain State Regulators To Lower Fees by Order (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1599
Committee: Health Coverage, Insurance and Financial Services
Sponsors: KESCHL, HAMPER, ARATA, DILLINGHAM, MARTIN, MILLETT, REED, WADSWORTH
Amends: 9-A MRSA §6, 9-B MRSA §214, 10 MRSA §8003, 24-A MRSA §601

Legislative Document
No. 1599
H.P. 1158
House of Representatives, April 18, 2019
An Act To Allow Certain State Regulators To Lower Fees by Order
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESCHL of Belgrade.
Cosponsored by Senator HAMPER of Oxford and
Representatives: ARATA of New Gloucester, DILLINGHAM of Oxford, MARTIN of Eagle 
Lake, MILLETT of Waterford, REED of Carmel, WADSWORTH of Hiram.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  9-A MRSA §6-203, sub-§3-D is enacted to read:
3-D.  The administrator may by order lower or suspend any fee specified in this 
section.
Sec. 2.  9-B MRSA §214, sub-§2, ¶A, as amended by PL 2003, c. 322, §6, is 
further amended to read:
A.    To provide for the balance of the reasonable expenses incurred to fulfill the 
bureau's duty pursuant to this Title, including general regulatory costs, overhead, 
transportation and general office and administrative expenses, except as otherwise 
provided in this paragraph, the superintendent shall assess each financial institution 
under the superintendent's supervision at the annual rate of at least 6¢ for each $1,000 
of the total of average assets, as defined by the superintendent.  The frequency of 
assessment may coincide with the frequency of filing periodic financial reports with 
the bureau but may not be more frequent than quarterly.  The superintendent may 
raise the minimum assessment rate of 6¢ for each $1,000 of the total of average assets 
by promulgating rules pursuant to section 251 at such time as economic conditions 
warrant such an increase.  In Except as otherwise provided in this paragraph, in no 
event may the assessment be less than $25.  The superintendent may by order lower 
or suspend any assessment specified in this paragraph or established by rule pursuant 
to this paragraph.  Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3.  9-B MRSA §214, sub-§2-B, as amended by PL 2003, c. 322, §7, is 
further amended to read:
2-B.  Assessment on nondepository trust companies.  Nondepository  Except as 
otherwise provided in this subsection, nondepository trust companies that are not 
affiliated with a financial institution shall pay an assessment at the annual rate of not less 
than $2,000 or an amount determined by the superintendent of at least 6¢ for every 
$10,000 of fiduciary assets under its management, custody or care.  The superintendent 
may further define by rule fiduciary assets under management, custody or care or change 
the minimum assessment whenever economic conditions warrant such a change.  The 
superintendent may by order lower or suspend any assessment specified in this subsection 
or established by rule pursuant to this subsection.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.  
These assessments must be paid in accordance with subsection 2, paragraph B.
Sec. 4.  10 MRSA §8003, sub-§2-A, ¶D, as amended by PL 2001, c. 323, §9 and 
PL 2011, c. 286, Pt. B, §5, is further amended to read:
D.  To establish by rule and after reasonable notice to the affected board all fees 
necessary and appropriate for all boards, commissions and regulatory functions 
within the office, subject to any fee cap established by statute and applicable to that 
board, commission or regulatory function.  The Director of the Office of Professional 
and Occupational Regulation shall set the criteria for all fees.  The criteria must 
include, but are not limited to, the costs, statutory requirements, enforcement 
requirements and fees and expenses of each board, commission or regulatory 
function.  The Director of the Office of Professional and Occupational Regulation 
may by order lower any fee established pursuant to this paragraph.  Rules adopted 
pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, 
subchapter II-A 2-A;
Sec. 5.  24-A MRSA §601, first ¶, as amended by PL 2003, c. 203, §1, is further 
amended to read:
The superintendent shall collect, and persons so served shall pay to the 
superintendent, the fees and miscellaneous charges as set forth in this section.  The 
superintendent may adopt rules establishing the fees and charges in different amounts 
from those specified under this section, except that the amount of any such fee or charge 
may not exceed the cap established in this section.  In the absence of such rules, the 
maximum amounts set forth in this section apply.  The superintendent may by order 
lower or suspend any fee specified in this section.  Rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill authorizes the Superintendent of Insurance, the Superintendent of Consumer 
Credit Protection, the Superintendent of Financial Institutions and the Director of the 
Office of Professional and Occupational Regulation to lower or suspend certain fees 
specified in law by order.