SPONSOR:

Sen. Brown & Sen. Pettyjohn & Rep. Lynn & Rep. D. Short

Sens. Cloutier, Sokola, Wilson; Rep. Brady

DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE BILL NO. 77

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES FOR COUNTIES AND MUNICIPALITIES.

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

Section 1. Amend Subchapter II, Chapter 21, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2140E. Special registration plates supporting Delaware’s counties and municipalities.

(a) For purposes of this section:

(1) “County” means Kent, New Castle, or Sussex County.

(2) “Division” means the Division of Motor Vehicles.

(3) “Motor vehicle” means one of the following:

a. A passenger vehicle.

b. A truck with a 3/4-ton or smaller manufacturer's rated capacity.

c. A van with a 3/4-ton or smaller manufacturer's rated capacity.

(4) “Municipality” includes all of the following:

a. Arden.

b. Ardencroft.

c. Ardentown.

d. Bellefonte.

e. Bethany Beach.

f. Bethel.

g. Blades.

h. Bowers Beach.

i. Bridgeville.

j. Camden.

k. Cheswold.

l. Clayton.

m. Dagsboro.

n. Delaware City.

o. Delmar.

p. Dewey Beach.

q. Dover.

r. Ellendale.

s. Elsmere.

t. Farmington.

u. Felton.

v. Fenwick Island.

w. Frankford.

x. Frederica.

y. Georgetown.

z. Greenwood.

aa. Harrington.

bb. Hartly.

cc. Henlopen Acres.

dd. Houston.

ee. Kenton.

ff. Laurel.

gg. Leipsic.

hh. Lewes.

ii. Little Creek.

jj. Magnolia.

kk. Middletown.

ll. Milford.

mm. Millsboro.

nn. Millville.

oo. Milton.

pp. Newark.

qq. New Castle.

rr. Newport.

ss. Ocean View.

tt. Odessa.

uu. Rehoboth Beach.

vv. Seaford.

ww. Selbyville.

xx. Slaughter Beach.

yy. Smyrna.

zz. South Bethany.

aaa. Townsend.

bbb. Viola.

ccc. Wilmington.

ddd. Woodside.

eee. Wyoming.

(b) An owner of a motor vehicle may apply to the Division for a special registration plate in support of a county or municipality.

(c)(1) Except as otherwise provided under paragraph (c)(2) of this section, the Division must receive at least 50 applications for a county’s or municipality’s special registration plate before the Division may approve the issuance of the special registration plate.

(2) If a municipality has less than 1,000 residents based on the most recent federal census, the Division may approve the issuance of a municipality’s special registration plate based on less than 50 applications.

(d) The numbers and letters assigned to special registration plates under this section must be such that the numbers and letters can be integrated with the Division's computerized vehicle registration records.

(e)(1) Upon the initial application for a special registration plate 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.

(2) A replacement special registration plate may be obtained upon payment of a fee to be set by the Division, which must cover the cost of the plate.

(f) The Division shall deposit with the State Treasurer the non-administrative portion of the fee under paragraph (e)(1) of this section. The State Treasurer must place the deposited funds in a special account. The Division must direct the funds deposited in the special account to each county or municipality in proportion to the number of applications for the county’s or municipality’s special registration plate.

(g) The county or municipality may drop the wording “The First State” and substitute in its place the county’s or municipality’s name. The Division may refuse a design which it believes would be inappropriate or cause a public safety enforcement problem.

(h) The Department may promulgate rules and regulations to administer this section.

SYNOPSIS

This Act authorizes the Division of Motor Vehicles (“Division”) to issue special registration plates in support of Delaware's 3 counties and 57 municipalities without having to enact a special law for each request. If a municipality has less than 1,000 residents the Division may approve the issuance of a municipality’s special registration plate based on less than 50 applications.

This Act assesses a 1-time, $20 fee, $10 of which must be deposited by the Division into a special account to be directed to each county or municipality to support the county’s or municipality's operations.

Author: Senator Brown