DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 23

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 strike through and insertions as shown by underline as follows:

§ 2139DD. Special license plate to support pollinators.

(a) The owner of a vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles (“Division”) for a special “Support Pollinators” plate. The Division shall issue the plate if it receives at least 50 such applications.

(b) This section applies only to:

(1) A private passenger vehicle.

(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle weight rating (“GVWR”) of 26,000 pounds or less.

a. The motor vehicle described in paragraph (b)(2) of this section may be owned by an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.

b. A truck that qualifies to register for the International Registration Plan (“IRP”), individually, or as part of a combination of vehicles, as defined in § 101 of this Title, may not be issued a special plate under this section.

(c)(1) On the initial application for a plate to be issued under this section, a 1-time fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title.

(2) The initial application fee under paragraph (c)(1) of this section is required for a person applying for a plate under this section, including a member of a nonprofit organization, even if the member is exempt from registration fees under § 2159 of this title .

(3) A replacement plate may be obtained on payment of a fee to be set by the Division, which must cover the cost of the plate.

(d) The Division shall deposit the 1-time administrative fee collected under subsection (c) of this section into a special fund and use the fund to promote the sale of the plate and for administering this section. Proceeds remaining after the Division has covered the costs of promoting the sale of the plate and administering this section must be applied under subsection (e) of this section.

(e) The Division shall deposit with the Department the funds derived by the State from the portion of the 1-time fee of $50 that is not defined as an administrative fee under subsections (c) and (d) of this section. The Department shall set aside the deposited funds. The Department shall use the set aside deposited funds for pollinator-related work, such as native species and milkweed plantings.

(f)(1) A plate issued under this section must be of the colors and design as determined by the Division and the Department’s Environmental Studies Office.

(2) The numbers or letters assigned by the Division must be the same as the plate assigned to an owner’s vehicle at the time of the application for the plate.

(3) The Department’s Environmental Studies Office may drop the wording “The First State” and substitute “Support Pollinators, Plant Native Species”.

(4) The Division may refuse any design which the Division believes would cause a public safety enforcement problem.

(g) The Division may adopt regulations to administer this section.

SYNOPSIS

This Act creates a special license plate for those citizens who wish to support pollinator habitat creation and conservation. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.

Author: Senator Hansen