Delaware General Assembly


CHAPTER 412

FORMERLY

HOUSE BILL NO. 431

AN ACT TO AMEND CHAPTER 23, TITLE 19, OF THE DELAWARE CODE RELATING TO WORKMEN'S COMPENSATION INSURANCE COVERAGE FOR VOLUNTEER FIRE COMPANIES.

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

Section 1. Amend Chapter 23, Title 19 of the Delaware Code, by striking Section 2312 in its entirety and substituting in lieu thereof the following:

"§2312. Volunteer lire companies; members treated as State employees; election by volunteer fire companies• revocation; wage as basis for compensation

For the purposes of this Chapter, volunteer firemen shall be treated as State employees so long as the State elects to be covered by the application of this Chapter.

if the State elects not to be covered by the application of this Chapter, then any duly organized volunteer fire company of the State may elect to be bound by the compensatory provisions of this Chapter, provided that the election receives a majority vote of the members of the company at a duly called meeting of the company, and notice of the election is forwarded in writing to the Industrial Accident Board. Any volunteer fire company which elects to be bound by the compensatory provisions of this Chapter may, subsequent to the election, revoke the election provided the revocation receives a majority vote of the members of the company at a duly called meeting of the company and notice of the revocation is forwarded in writing to the Industrial Accident Board.

The wage of volunteer firemen on which compensation is based shall be the wage received in the regular employment of such firemen."

Section 2. This Act shall be administered by the Office of Insurance Commissioner.

Section 3. This Act shall take effect on September 1, 1984.

Approved July 20, 1984.