Delaware General Assembly

CHAPTER 321

FORMERLY

SENATE BILL NO. 220

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF VEHICLES.

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. Add new Section to Title 21 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 2140C. Special License Plates for Delaware Sport Fishing License Plates.

(a) The owner of any vehicle described in paragraph (b) of this subsection may apply to the Department for the assignment to that vehicle one of two special Delaware Sport Fishing License Plates either a freshwater design or a saltwater design registration.

(b) This section applies only to:

(c) Upon the initial application for either of these plates to be issued pursuant to this section, a 1-time fee of $95.00, which includes an administrative fee of $15, 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 which shall cover the cost of the plate.

(d) The one-time administrative fee collected pursuant to subsection (c) of this section shall be deposited into a special fund and used by the Division of Motor Vehicles for administrative costs.

(e) All registration plates issued pursuant to this section shall be of the colors and design as determined by a committee of at least three persons including representation of the Division of Motor Vehicles, The Delaware Advisory Council of Recreational Fishing Funding and the Division of Fish and Wildlife. The size, composition, and operation of the committee shall be determined by, and at the discretion of, the Director of the Division of Motor Vehicles. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a slogan or an emblem indicating support for, or interest in, the mission of promoting both saltwater and freshwater fishing in the State of Delaware. The Committee may, at its discretion, drop the wording "The First State" and substitute in place thereof a slogan related to recreational fishing. The Committee may change the species design of fish on both the saltwater and freshwater license plate every three to five years as deemed needed by both the Delaware Advisory Council on Recreational Fishing Funding and the Division of Fish and Wildlife. The Division of Motor Vehicles shall have the power to refuse any design which it believes would be inappropriate or cause a public safety enforcement problem.

(f) The funds derived by the State from that portion of the 1-time fee of $95.00 that is not defined as an administrative fee pursuant to subsections (c) and (d) of this section shall be deposited in the State Treasury and credited to a special fund account to be known as the “Delaware Recreational Fishing Enhancement Fund” and transferred to The Division of Fish and Wildlife quarterly in a manner deemed appropriate by the State Treasurer. The funds shall be used by The Division of Fish and Wildlife with advisory recommendations by the Delaware Advisory Council on Recreational Fishing Funding in support of its mission to enhance the pleasure of recreational saltwater and freshwater fishing in the State of Delaware.

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