(1) A surplus lines insurance producer may collect a flat fee per policy for business placed in the surplus lines insurance market. The fee may not exceed:
(a) $50 for a personal lines insurance policy; or
(b) $100 for a commercial lines insurance policy.
(2) The fees allowed under this section are not considered part of the premium charged to the insured and do not fall within the definition of premium provided in 33-15-102.
(3) The fees allowed under this section apply only to surplus lines insurance producers transacting surplus lines insurance business.