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Legislation Document
SPONSOR:
Sen. Cruce & Rep. K. Williams
Sens. Buckson, Hansen, Lockman, Seigfried, Walsh; Reps. Berry, Osienski, Snyder-Hall
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 318
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 § 2140G, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2140G. Delaware State Education Association
centennial limited edition
special license plates.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Department for a Delaware State Education Association centennial special registration plate.
(b) This section applies to any of the following:
(1) A private passenger vehicle.
(2) A truck with a
3
/
4
-ton or less manufactures rated capacity.
(3) A van with a
3
/
4
-ton or less manufacturer’s rated capacity.
(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time administrative fee of $15 is required in addition to the annual registration fee required by this title. A replacement plate may be obtained upon payment of a $15 fee to the Division.
(d) The 1-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) Upon receipt of information by the Department 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.
(f) All registration plates issued pursuant to this section shall be the colors and design as determined by the Department in conjunction with representatives from the Delaware State Education Association Board of Directors.
(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles (“Division”) for a special Delaware State Education Association license plate. The Division shall issue the plate only if the Division receives at least 200 applications for the plate.
(b) This section only applies to the following:
(1) A private passenger vehicle.
(2) Subject to paragraph (b)(2)b. of this section, a motor vehicle or trailer with a manufacturer’s gross vehicle weight rating (“GVWR”) of 26,000 pounds or less.
a. The motor vehicle or trailer described in this paragraph (b)(2) may be owned by an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.
b. A motor vehicle that qualifies to register for the International Registration Plan (“IRP”), individually, or as part of a combination of vehicles, 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 any person applying for the plate, including a member of a non-profit 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 for the purpose of promoting the sale of the plate and 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 funds derived by the State from the portion of the 1-time fee of $50 under subsection (c) of this section other than the funds spent by the Division under subsection (d) of this section must be deposited by the Division with the State Treasurer and must be specifically set aside in the Delaware State Education Association’s Fund for use by the Delaware State Education Association to support accessibility and availability of quality education for all students.
(f) The design for all plates issued under this section must be submitted by Delaware State Education Association for final color and design approval by the Division, and are subject to the following:
(1) The wording, “The First State”, may be dropped and substituted with the wording “Delaware State Education Association”.
(2) A plate may not be solely black and white in color.
(3) The Division may refuse any design that it believes would cause a public safety enforcement problem.
(g) The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate.
(h) The Division may promulgate regulations as required to administer this section.
(i) This section does not affect the validity of Delaware State Education Association centennial limited edition special license plates issued previously under this section.
SYNOPSIS
This Act discontinues the Delaware State Education Association centennial limited edition special license plate and replaces it with an updated special license plate of the Delaware State Education Association. A special license plate supports a cause and is available for purchase by the public at large, including by members the beneficiary organization. The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate. This Act does not affect the validity of Delaware State Education Association centennial limited edition special license plates issued previously under § 2140G of Title 21; Delaware State Education Association centennial special license plates that are otherwise valid remain valid.
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 Cruce