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Current through October 23, 2012
For the purposes of this chapter, the term:
(1) "Assessable year" means the calendar year in which the direct gross receipts are received or derived from insurance business in the District of Columbia.
(1A) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking.
(1A-i) "Continuing Care Retirement Community Regulatory and Supervision Trust Account" or "Account" means the account established within the Insurance Regulatory Trust Fund for the purpose of administering Chapter 1A of Title 44, and for reasonable expenses incurred in promoting the continuing care retirement community industry in the District.
(1B) "Department of Insurance, Securities, and Banking" means the District of Columbia's regulatory body which is responsible for administering the insurance laws and health maintenance organization laws of the District of Columbia.
(2) "Direct gross receipts" means all policy and membership fees and net premium receipts or consideration received in a calendar year on all insurance risks and annuity contracts originating in or from the District of Columbia. Direct gross receipts shall not include any policy or membership fees, net premium receipts, or consideration received from or paid by the District of Columbia's Department of Health Care Finance.
(3) Repealed.
(4) "Insurer" means any person, firm, association, or corporation duly licensed in the District of Columbia pursuant to the applicable provisions of District insurance law as an insurer. In addition, Group Hospitalization and Medical Service Incorporated, shall be defined as an insurer.
(5) "Net premium receipts or consideration received" means gross premiums or consideration received less the sum of premiums received for reinsurance assumed and premiums or consideration returned on policies or contracts canceled or not taken.
(6) Repealed.
(Oct. 21, 1993, D.C. Law 10-40, § 2, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(a), 44 DCR 818; May 21, 1997, D.C. Law 11-268, § 10(y), 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 36(a), 45 DCR 745; June 11, 2004, D.C. Law 15-166, § 4(h)(1), 51 DCR 2817; Apr. 5, 2005, D.C. Law 15-270, § 201(a), 52 DCR 799; Sept. 24, 2010, D.C. Law 18-223, § 5024, 57 DCR 6242.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 35-2701.
Effect of Amendments
D.C. Law 15-166, in par. (1A), substituted "Commissioner of the Department of Insurance, Securities, and Banking" for "Commissioner of Insurance and Securities"; and, in par. (1B), substituted "Department of Insurance, Securities, and Banking" for "Department of Insurance and Securities Regulation".
D.C. Law 15-270 added subsec. (1A-i).
D.C. Law 18-223, in par. (2), added the last sentence.
Temporary Amendments of Section
Section 4 of D.C. Law 18-205, in par. (2), inserted "Direct gross receipts shall not include any policy or membership fees, net premium receipts, or consideration received from or paid by the Department of Health Care Finance.".
Section 7(b) of D.C. Law 18-205 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4(h)(1) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
For temporary (90 day) amendment of section, see § 4 of Medicaid Resource Maximization Emergency Amendment Act of 2010 (D.C. Act 18-390, May 7, 2010, 57 DCR 4339).
For temporary (90 day) amendment of section, see § 5024 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
Law 10-40, the "Insurance Regulatory Trust Fund Act of 1993," was introduced in Council and assigned Bill No. 10-93, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 4, 1993, it was assigned Act No. 10-75 and transmitted to both Houses of Congress for its review. D.C. Law 10-40 became effective on October 21, 1993.
Law 11-235, the "Health Maintenance Organization Act of 1996," was introduced in Council and assigned Bill No. 11-442, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-495 and transmitted to both Houses of Congress for its review. D.C. Law 11-235 became effective on April 9, 1997.
Law 11-268, the "Department of Insurance and Securities Regulation Establishment Act of 1996," was introduced in Council and assigned Bill No. 11- 415, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 30, 1996, it was assigned Act No. 11-524 and transmitted to both Houses of Congress for its review. D.C. Law 11-268 became effective on May 21, 1997.
Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
For Law 15-166, see notes following § 31-1004.
Law 15-270, the "Continuing Care Retirement Communities Act of 2004", was introduced in Council and assigned Bill No. 15-94, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-661 and transmitted to both Houses of Congress for its review. D.C. Law 15-270 became effective on April 5, 2005.
For Law 18-223, see notes following § 31-101.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 10-40, the Insurance Regulatory Trust Fund Act of 1993, see Mayor's Order 94-54, March 7, 1994 (41 DCR 1433).
Miscellaneous Notes
Mayor authorized to issue rules: Section 12 of D.C. Law 10-40 provided that the Mayor may, pursuant to subchapter I of Chapter 15 of Title 1 [subchapter I of Chapter 5 of Title 2, 2001 Ed.], issue rules to implement the provisions of this chapter.
