CHAPTER 339

FORMERLY

SENATE BILL NO. 395

AN ACT TO AMEND CHAPTER 51, TITLE 30, DELAWARE CODE, RELATING TO THE BONDING REQUIREMENTS FOR THE PAYMENT OF MOTOR FUEL TAXES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5107(e). Chapter 51, Title 30, of the Delaware Code by striking said paragraph in its entirety and in lieu thereof insert the following:

le) Any surety on any bond furnished by any distributor as above provided, upon written request mailed to the Department of Public Safety, certified mall, return receipt requested, shall be released and discharged from any and all liability to the state accruing on such bond. Upon receipt of such request, the Department shall forthwith acknowledge in writing the receipt of said request and shall therein inform the surety that it shall be released and discharged from any and all liability to the state accruing on such bond after the expiration of 60 days from the date on which the department received the surety's request for release and discharge. Simultaneously, the department shall also notify the distributor who furnished such bond of the fact that the surety will be released and discharged from any and all liability on a date certain. The distributor shall further be advised that unless it shall, on or before the expiration of such 60 day period, file with the Department a new bond in the amount and form hereinbefore in this section provided, the Department shall forthwith cancel the license of the distributor."

Section 2. Amend §5134(d)(5), Chapter 51, Title 30 of the Delaware Code by striking said paragraph in its entirety and in lieu thereof insert the following:

"(5) Any surety on any bond furnished by any licensee u above provided, upon written request mailed to the Department of Public Safety, certified mall, return receipt requested, shall be released and discharged from any and all liability to the state accruing on such bond. Upon receipt of such request, the Department shall forthwith acknowledge in writing the receipt of said request and shall thereafter inform the surety that it shall be released and discharged from any and all liability to the state accruing on such bond after the expiration of 60 days from the date on which the Department received the surety's request for release and discharge. Simultaneously, the Department shall also notify the licensee who furnished such bond of the fact that the surety will be released and discharged from any and all liability on a date certain. The licensee shall further be advised that unless it shalt, on or before the expiration of such 60 day period, file with the Department a new bond in the amount and form hereinbefore in this section provided, the Department shall forthwith cancel the license of the licensee."

Approved June 30, 1986.