CHAPTER 247

FORMERLY

HOUSE BILL NO. 244

AS AMENDED BY

HOUSE AMENDMENT NO. 2

AN ACT TO AMEND SECTION 2118, TITLE 21 OF THE DELAWARE CODE, RELATING TO REGISTRATION OF VEHICLES AND UNINSURED MOTORISTS.

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

Section 1. Amend § 2118(s), Title 21 of the Delaware Code, by deleting paragraph (1) thereof and inserting the following paragraph in its place:

"(1) Whoever violates any subsection of this section shall be fined for the first offense not less than $1,500 nor more than $2,000 and shall have his driving license and/or privileges suspended for 6 months. For each subsequent offense occurring within 3 years of a former offense, he shall be fined not less than $3,000 nor more than $4,000. The minimum fine levied for a violation of subsection (a), (b) or (p) of this section shall not be subject to suspension or avoidance for any reason, including the securing of insurance between the time of arrest and sentencing,' if the person subject to such fines has been in violation for a period of 30 or more consecutive days unless such person affirmatively proves that the insurer did not send notice to the named insured as required under Subsection (1) of this section."

Section 2. Amend § 2118(1), Title 21, Delaware Code, by deleting the second sentence of said subsection and substituting in lieu thereof the following:

"All insurers shall, within 10 days, send to the Division of Motor Vehicles written notice of those termination' and lapses for assigned risk insurance plans and non-standard policyholders which are final and occur within the first two years after such policies were issued. A non-standard plan is defined as a motor vehicle insurance policy which for underwriting purposes cannot be written in the standard market. The insurance Commissioner can further develop this definition by Regulation.", and by inserting the following sentence at the end of said subsection: 'All insurers shall send notice to the named insured when a motor vehicle insurance policy is canceled pursuant to the provisions of Title 18, § 3905 of the Delaware Code.".

Section 3. Amend § 2118, Title 21 of the Delaware Code, by inserting new subsections, and redesignating the subsequent remaining subsections, which new subsections shall read:

"(w) The Division of Motor Vehicle shall conduct a study or cause such study to be conducted to assess the feasibility and costs of establishing a direct computer link between the Division of Motor Vehicle's registration files and the insurance companies' data bases for the purposes of allowing the Division to conduct 'real time' status reports of uninsured motorists. The Division of Motor Vehicles shall also conduct a study or cause such study to be conducted to analyze the ramifications of implementing an uninsured motorist program in the State of Delaware similar to that of Virginia's Uninsured Motorist Program.

(x) Notwithstanding any contrary provisions of the Delaware Code, there shall be established a special fund of the State to be known as the D.M.V.T. Fund. The Secretary of Finance shall, commencing upon the effective date of this legislation, and commencing at the beginning of each fiscal year thereafter, cause to be deposited into the D.M.V.T. Fund amounts received as payments of fines and costs assessed by the Justice of the Peace Courts and/or the Court of Common Pleas under § 2118, Title 21 of the Delaware Code, until the amount deposited in said fiscal year shall equal $150,000.

(y) The purpose of the D.M.V.T. Fund is to provide for the administrative costs associated with this Act. Any balance in the D.M.V.T. Fund as of the last day of the fiscal year in excess of $15,000 shall be deposited to the General Fund. The Secretary of Finance shall make deposits to the D.M.V.T. Fund as required under this Section commencing after August 1, 1995."

Section 4. If any provision of this Act or amendments hereto, or the application thereof to any person, thing, or circumstances is held invalid, such invalidity shall not affect the provisions or application of the Act or such amendments that can be given effect without the invalid provisions or application, and to this end the provisions of this Act and such amendments are declared to be severable.

Section 6. This legislation shall apply to violations committed on or after August 1, 1995.

Approved July 18, 1995