CHAPTER 325

FORMERLY

SENATE BILL NO. 436

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FEES, COSTS, AND CHARGES TO BE COLLECTED BY THE INSURANCE COMMISSIONER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 701 of Title 18 of the Delaware Code by striking subsections (21) and (24) through (32) b thereof and inserting in lieu thereof the following:

“(23) Insurance Producer (§1702(i) of this title), limited line credit insurance producer (§1702(l) of this title), limited lines producer (§1702(n) of this title) and miscellaneous limited lines producer (§1708(f) of this title).

a. Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

b. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) . . . 50.00

c. Resident Insurance Producer’s, limited line credit insurance producer’s, limited lines producer’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(23)(b) of this title.

d. Non-resident license renewal (Due biennially February 28th in odd years beginning February 28, 2003) 75.00

e. Non-Resident Producer’s, non-resident limited line credit insurance producer, non-resident limited lines producer and non-resident miscellaneous limited lines producer’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in § 701(23)(d) of this title.

f. One-time appointment of insurance producer, limited line credit insurance producer, limited lines producer and miscellaneous limited line producer (§1715 of this title), each insurer . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(24) Amendments to license issued under Chapter 17 of this title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(25) Surplus lines broker (§1912 of this title),

a. Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .200.00

b. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) . . 100.00

c. Resident Surplus Lines Broker’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st -February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(25)(b) of this title.

d. Non-Resident license renewal

(Due biennially February 28th in odd years beginning February 28, 2003) . . . . . . . . . . . . . . . . . . . . . . .125.00

e. Non-Resident Surplus Lines Broker’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in § 701(25)(d) of this title.

(26) Fraternal representative (§1702(g) of this title):

a. Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

b. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) . . . 50.00

c. Resident Fraternal Representative’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(26)(b) of this title.

d. Non-resident license renewal (Due biennially February 28th in odd years beginning February 28, 2003). 75.00

e. Non-Resident Fraternal Representative’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(26)(d) of this title.

f. One-time appointment of fraternal representative (§1715 of this title), each society or association . . . . . 25.00

(27) Adjuster (§1702(a) of this title),

a. Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

b. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) . . . 50.00

c. Resident Adjuster’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(27)(b) of this title.

d. Non-resident license renewal (Due biennially February 28th in odd years beginning February 28, 2003) 75.00

e. Non-Resident Adjuster’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(27)(d) of this title.

(28) Motor vehicle appraiser (§1702(c) of this title),

a. Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

b. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) . . 50.00

c. Resident Motor vehicle appraiser’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st -February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(28)(b) of this title.

d. Non-resident license renewal (Due biennially February 28th in odd years beginning February 28, 2003) 75.00

e. Non-Resident Motor vehicle appraiser’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(28)(d) of this title.

(29) Apprentices (§1702 (d) of this title) and Temporary insurance producer (§ 1711 of this Title)

a. License (initial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(30) Viatical Settlement Provider (§ 7502 (7) of this title)

a. Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 150.00

b. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) .150.00

c. Resident Viatical Settlement Provider’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(33)(b) of this title.

d. Non-resident license renewal (Due biennially February 28th in odd years ending in the numbers

1, 3, 5, 7, 9 beginning February 28, 2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 175.00

e. Non-Resident Viatical Settlement Provider’s initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(30)(d) of this title.

(31) Business Entity (insurance agency, §1702 (f) of this title)

Initial license (Resident & Non-resident) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

a. Resident license renewal (Due biennially February 28th in even years beginning February 28, 2004) . . 50.00

b. Resident Business Entity initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st - February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in §701(23)(b)of this title.

c. Non-resident license renewal

(Due biennially February 28th in odd years beginning February 28, 2003) . . . . . . . . . . . . . . . . . . . . . . . 75.00

d. Non-Resident Business Entity initially licensed within 90 days prior to the renewal deadline of February 28th (December 1st -February 28th) are not subject to the renewal fee for that specific biennial renewal period referenced in § 701(23)(d) of this title.”

Section 2. Amend § 701 Title 18 by re-designating subsection (22) as subsection (21), subsection (23) as subsection (22), subsection (33) as (32) and subsection (34) as (33).

Section 3. Amend Title 18 Chapter 7 by adding a new § 702 thereto as follows:

Ҥ 702. Expenses and Fees for Form Filings.

In addition to a filing fee of $50.00, the expenses and fees of the Delaware Insurance Department for the review and determination of a form filing by an insurer shall be assessed to and paid by the insurer and shall include the reasonable and proper expenses of the Commissioner and the Commissioner’s examiners and assistants, including expert assistance contracted for by the Commissioner. Such insurer shall promptly pay the form filing review expense upon presentation by the Commissioner, or the Commissioner’s examiners, of a reasonably detailed written account thereof.”

Approved June 25, 2002