DELAWARE STATE SENATE

149th GENERAL ASSEMBLY

SENATE BILL NO. 192

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

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 Title 21 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 2140A. Special license plates honoring women’s military service.

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for assignment to that vehicle of a special plate “Honoring Women’s Military Service”, if the owner of the vehicle is a woman who possesses sufficient documentation to establish that she served the United States Armed Forces or the Delaware National Guard, either as a civilian or as a servicemember.

(b) This section applies to only the following:

(1) A private passenger vehicle.

(2) A truck with a 3/4-ton or less manufacturer’s rated capacity.

(3) A van with a 3/4-ton or less manufacturer’s rated capacity.

(c) Upon the initial application for a license plate to be issued under this section, a 1-time fee of $20, which includes an administrative fee of $10, is required in addition to the annual registration fee required by this title. This additional fee is required for members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. A replacement plate may be obtained upon payment of a fee to be set by the Division of Motor Vehicles, to cover the cost of the replacement plate.

(d) The Division of Motor Vehicles shall deposit with the State Treasurer the funds derived by the State from that portion of the 1-time fee of $20 that is not defined as an administrative fee under subsection (c) of this section. The deposited funds must be specifically set aside and deposited with the Delaware Commission of Veterans Affairs for its deposit in the Veterans Trust Fund.

(e) All plates issued under this section must be of the colors and design as determined by the Delaware Women’s Military Service Monument Committee. The plate may also include words, a slogan, or an emblem honoring Delaware women’s military services. The Committee may drop the wording "The First State" and substitute in lieu thereof "Delaware Women’s Military Monument". The Division of Motor Vehicles may refuse any design which it believes would cause a public safety enforcement problem.

(f) The Department shall reserve sufficient special license plates including the letters "WMS" and numbered consecutively beginning with the numeral "1" as are necessary to implement this section.

(g) Upon receipt by the Department of information that the individual to whom the special plate under this section was issued has died, the surviving spouse may transfer the plate to a vehicle owned by the spouse that meets the requirements of subsection (b) of this section as a valid registration plate. No fee in addition to the annual registration fee otherwise required by this title is required for registration. If no spouse exists, the Department shall write to the representative of that individual’s estate, requesting that the plate be returned to the Department within 90 days.

(h) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section.