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An Act To Allow Certain State Regulators To Lower Fees by Order
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. InExcept 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.  NondepositoryExcept 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-A2-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.