DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE BILL NO. 16

AS AMENDED BY

SENATE AMENDMENT NO. 1

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

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 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 for members of a motorcycle club.

(a) An owner of a motorcycle may apply to the Division of Motor Vehicles (“Division”) for a motorcycle club’s special registration plate for the motorcycle under this section if both of the following apply.

(1) The owner has completed or, at the time of application, is enrolled in an experienced rider course offered by the Division or another entity under § 2726 of this title. If the owner is enrolled in the course at the time of application, the owner must provide verification of completion of the course to the motorcycle club to which the owner belongs.

(2) The owner is a member in good standing with the motorcycle club represented by the special registration plate.

(b) An owner of a motorcycle must provide the Division with acceptable proof that the owner is a member in good standing with the motorcycle club to receive the motorcycle club’s special registration plate.

(c) The Division must receive at least 25 applications for a motorcycle club’s special registration plate before the Division may approve the issuance of the special registration plate, including from any of the following motorcycle clubs:

(1) Alliance of Bikers Aimed Toward Education (A.B.A.T.E.) of Delaware, Inc.

(2) Buffalo Soldiers Motorcycle Club of Delaware.

(3) Green Knights International Military Motorcycle Club.

(4) Blue Knights International Law Enforcement Motorcycle Club.

(5) Red Knights International Firefighters Motorcycle Club.

(6) American Legion Riders Motorcycle Club.

(7) Vietnam Legacy Veterans Motorcycle Club.

(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) The Division may refuse to issue a special registration plate when the Division deems it not in the best interest of the State.

(f)(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) The fee under paragraph (f)(1) of this section is required for all persons applying for a special plate pursuant to this section, including members of nonprofit organizations, even if members are exempt from registration fees under § 2159 of this title.

(3) 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.

(g) The Division shall deposit with the State Treasurer the non-administrative portion of the fee under paragraph (f)(1) of this section. The State Treasurer must place the deposited funds in a special account. The Division must use the funds in deposited in the special account only for the expenses incurred in the administration of the motorcycle rider education program.

(h) The Division shall revoke a special registration plate issued under this section if either of the following occur:

(1) A motorcycle club provides the Division with official correspondence advising the Division that an owner of a motorcycle to which a special registration plate has been issued has not completed an experienced rider course within 6 months of the receipt of the special registration plate.

(2) A motorcycle club provides the Division with official correspondence advising the Division that an owner of a motorcycle to which a special registration plate has been issued is no longer affiliated with the club.

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