CHAPTER 433

FORMERLY

SENATE BILL NO. 469

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 21 AND 29, TITLE 21, DELAWARE CODE, RELATING TO MOTOR VEHICLES AND PROVIDING FOR SELF-INSURANCE IN CERTAIN INSTANCES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §2105, Chapter 21, Title 21,

Delaware Code, by striking said section in its entirety.

Section 2. Amend §2118 (a) (1), Chapter 21, Title

21, Delaware Code, by striking the words "at least the limits prescribed by the Financial Responsibility Law of the State of Delaware" as they appear therein, and substituting in lieu thereof the words "at least ten thousand dollars ($10,000.00) for any person and twenty thousand dollars ($20,000.00) for all persons injured in any one accident; and five thousand dollars ($5,000.00) property damage for any one accident".

Section 3. Amend Chapter 21, Part 11, Title 21,

Delaware Code, by adding a new section thereto to be designated as §2120 to read as follows:

"§2120. Self Insurers.

(a) Upon condition of providing the same benefits available under a required vehicle insurance policy, any person in whose name more than fifteen (15) motor vehicles are registered in this State may qualify as a self-insurer by obtaining a Certificate of Self-Insurance issued by the Secretary of Public Safety as provided in subsection (b) of this section.

(b) The Secretary of Public Safety may, in his discre-

tinn, approve an application for self-insurance from such a person provided the following is submitted in satisfactory form:

(1) a continuing undertaking by the owner or other appropriate person to pay tort liabilities or basic reparation benefits, or both, and to perform all other obligations imposed by §2118 of this Chapter; and

(2) evidence that appropriate provisions exist for prompt and efficient administration of all claims, benefits, and obligations required by §2118 of this Chapter; and

(0) evidence that reliable financial arrangements, deposits, or commitments exist providing assurance for payment of tort liabilities or basic reparation benefits, or both, and all other obligations imposed by this Chapter substantially equivalent to those afforded by a policy of insurance complying with §2118 of this Chapter.

(c) Upon not less than five days' notice and a hearing pursuant to such notice, the Secretary of Public Safety may, upon reasonable grounds, withdraw this approval of self-insurance. Failure to pay any valid claim within sixty (60) days of its submission or any judgment within thirty (30) days after such judgment shall have become final shall constitute a reasonable ground for the immediate withdrawal of approval of self-insurance."

Section 4. Amend Chapter 29, Part II, Title 21,

Delaware Code by repealing the following sections in their entirety: §2901, §2902, §2903, §2904, §2905, §2906, §2907, §2908, §2909, §2910, §2911, §2912, §2913, §2914, §2915, §2916, §2921, §2922, §2923, §2924, §2925, §2926.

Section 5. Amend §2941, Chapter 29, Title 21,

Delaware Code, by striking the words "within this State" as the same appear in the first sentence of said section.

Section 6. Amend §2942, Chapter 29, Title 21,

Delaware Code by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) as follows:

"(b) The Secretary of Public Safety may allow license and registration or non-resident operating privileges to a judgment debtor, providing there is no default in the payment of such judgment or that installments thereof prescribed in §2945 of this Title are not in default; and providing the judgment debtor has furnished proof of financial responsibility."

Section 7. Amend §2942, Chapter 29, Title 21,

Delaware Code, by striking subsection (d) in its entirety and by redesignating subsection (e) as subsection (d).

Section 8. Amend §2942, Chapter 29, Title 21,

Delaware Code, by placing a period (.) immediately following the words "Secretary of Public Safety" as the same appear in subsection (e) thereof and by striking the following words in said subsection (e) : "and provided that the Department determines that such person has used his best efforts to satisfy the judgment considering his financial resources and other relevent circumstances."

Section 9. Amend §2943 of Chapter 29, Title 21,

Delaware Code, by striking the last sentence beginning with the words "A discharge" and ending with the word "Chapter" as the same appears in said section.

Approved May 28, 1976