Section 12978 Of Article 4. Fees From California Insurance Code >> Division 3. >> Chapter 2. >> Article 4.
12978
. Notwithstanding any other provision of law, the commissioner
may increase or decrease the fees set forth in this code as
necessary to allow the department to meet the appropriation
authorized by the annual Budget Act. However, any increase or
decrease so made shall be made only in accordance with this section,
and a fee increase shall not exceed 10 percent without the prior
approval of the Legislature.
A single annual increase or decrease in fees, on a fiscal year
basis, may be made by the department at any time during the year
provided it is announced by bulletin issued at least 90 days prior to
the effective date of that increase or decrease. The bulletin shall
be sent to all affected parties and to both houses of the
Legislature. That fee increase or decrease may be rescinded by a
majority vote of both houses of the Legislature not later than 60
days after the issuance of the bulletin announcing the increase or
decrease.
In the event the bulletin is issued during the period between
August 1 and December 1 of any year, the department shall provide
notice in writing of the necessity of any fee increase or decrease as
proposed in the bulletin upon issuance of the bulletin to the
chairperson of the committee in each house which considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee.
If written notice is provided to the commissioner within 60 days
of the issuance of the bulletin announcing the increase or decrease
by any of the chairpersons that there is an objection to the fee
increase or decrease, the increase or decrease shall take effect
February 1 of the following year unless rescinded by a majority vote
of both houses of the Legislature by that date, rather than 60 days
after issuance of the bulletin.
The department shall annually project forward its workload for the
subsequent three years in order to project appropriate fee levels,
and shall annually make adjustments to those fees, if necessary,
based on actual workload experience.
The limit on the cumulative amount that the fees may be increased
or decreased shall be the amount necessary to provide sufficient
moneys to carry out the projected workload within the appropriations
contained in the Governor's Budget for the next succeeding fiscal
year, or, to the extent that moneys received or projected to be
received by the department are insufficient to carry out the
projected workload within the appropriation authorized by the annual
Budget Act during the then current fiscal year, an amount necessary
to meet that appropriation and consistent with that projected
workload.