CHAPTER 196

FORMERLY

HOUSE BILL NO. 310

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 7, TITLE 18, DELAWARE CODE, RELATING TO HEALTH AND LIFE INSURANCE CARRIERS REPORTING THEIR GROSS PREMIUMS AND MAKING PAYMENTS TO ALL NONPROFIT ORGANIZATIONS WITHIN THIS STATE THAT PROVIDE AMBULANCE OR RESCUE SERVICES INCLUDING ORGANIZATIONS SUCH AS VOLUNTEER FIRE COMPANIES, THE VETERANS OF FOREIGN WARS AND THE AMERICAN LEGION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fourths of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 7, Title 18, Delaware Code, by adding thereto a new section to be designated u §713 which new section shall read u follows:

"§713. Reporting gross premiums by life and health insurers and payments to all nonprofit organizations that provide ambulance or rescue services including organizations such u volunteer fire companies, the Veterans of Foreign Wars and the American Legion

(a) The Insurance Commissioner each year shall ascertain the total amount of gross premiums received by Insurance companies and agents thereof as payment for all types of life and/or health iruurance coverage within this State. The Insurance Commissioner shall then notify the State Treasurer of the total amount of such gross premiums and also the names and addresses of all nonprofit organizations that provide ambulance and/or rescue services within this State, including, but not limited to, organizations such as volunteer fire companies, the Veterans of Foreign Wan and the American Legion. After the Insurance Commissioner so informs the State Treasurer, the State Treasurer shall:

(I) establish a special fund each year. This special fund shall be created out of the existing annual premium taxes paid by insurance companies and agents thereof pursuant to the provisions of this chapter on all types of life and/or health insurance coverage within this State. The special fund shall be created out of the aforesaid premium taxes, and shall be equal to one- tenth of one percent (.1%) of the gross premiums received by insurance companies and agents thereof for all types of fife and/or health insurance coverage within this State.

(2) distribute on a pro rata basis the proceeds of the special fund to the aforementioned nonprofit organizations within this State that are engaged in providing ambulance and/or rescue services.

(b) The Insurance Commissioner shall have the authority to request and receive any information regarding any insurance company's business relating to any type of life and/or health insurance coverage sold or offered for sale within this State for the purpose of determining the gross premiums received for such insurance coverage in order to determine the amount of the special fund.

(c) For the purpose of implementing this section, the Insurance Commissioner is authorized to promulgate rules and regulations that are consistent with the provisions of this section."

Approved July 19, 1985