CHAPTER 116

FORMERLY

SENATE BILL NO. 191

AN ACT TO AMEND CHAPTER 23, SUBCHAPTER I, TITLE 19, DELAWARE CODE, RELATING TO WORKMEN'S COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 23, Subchapter I, Title 19, Delaware Code, by adding a new Section 2316 as follows:

§2316. Licensed Real Estate Salespersons and Licensed Associate Real Estate Brokers who are Independent Contractors,

(a) This Chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate broker under a written contract pursuant to which they are remunerated on a commission only basis and are designated as independent contractors and who qualify as independent contractors for federal tax purposes, except that a licensed real estate broker with whom they have such contracts shall have the right to elect to carry insurance to insure the payment of workmen's compensation to them or their dependents for part or all of the period of such affiliation.

(a) For the purposes of this Section, a licensed real estate broker with whom such licensed real estate salespersons and licensed associate real estate brokers have such independent contract affiliation, shall inform in writing such licensed real estate salespersons and such licensed associate real estate brokers whether the licensed real estate broker has elected to carry insurance to insure the payment of workmen's compensation to them or their dependents. If a licensed real estate broker intends to change the election concerning workmen's compensation, the licensed real estate broker shall notify any licensed real estate salespersons or licensed associate real estate brokers affected thereby at least thirty (30) days prior to the effective date of the change in the election."

Approved July 8, 1987.