§ 26.1-22-14 — Assessments - Collections - Minimum fund balance - Bond and borrowing authorization

authorization.
1. Upon providing insurance coverage under this chapter, the office shall certify to the
insured the amount of the assessment. The state agency, political subdivision, or
winter show shall submit to the office the payment of the assessment within sixty days
after the date of the certification. The office shall deposit the assessments in the fund.
2. If the assessment is not paid within sixty days after the date of the certification, the
attorney general and the state's attorney of the relevant county shall bring appropriate
actions to enforce the collection of the assessment upon request of the office. A
judgment obtained under this section must include an interest rate of six percent per
year.
3. If the fund balance is less than twelve million dollars, the office shall levy an
assessment on every policy in force with the fund to increase the fund balance of the
fund to twelve million dollars calculated as follows:
a. The eighty or ninety percent coinsurance rate for each eligible insured property,
the full rate for policies providing coverage against indirect losses, and the full
rate for properties that are not eligible for the eighty or ninety percent coinsurance
rate, must be applied to the amount of insurance provided in each policy to
determine the tentative assessment against each policy.
b. The total of all tentative assessments is the sum of the amounts calculated under
subdivision a.
c. The percentage of the assessment needed to increase the fund balance to twelve
million dollars must be calculated and collected on each policy. The assessments
may not exceed sixty percent of the rates set by the insurance services office for
insured property unless the fund balance is less than three million dollars.

d. A fractional percent must be rounded up to the next whole percent.
4. If the fund balance is less than two million dollars due to a catastrophe, disaster, or a
succession of catastrophes or disasters, the office may issue anticipation bonds or
borrow from the Bank of North Dakota to provide the amount needed to increase the
fund balance to two million dollars upon approval from the industrial commission.
a. The term of the anticipation bonds or loan may not exceed twenty years.
b. The office shall levy an assessment on all policies in force under the fund to
repay the anticipation bonds or loan.