CHAPTER 276

FORMERLY

SENATE SUBSTITUTE NO. 1

TO

SENATE BILL NO. 9

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 21, TITLE 21, OF THE DELAWARE CODE RELATING TO SPECIAL ANIMAL WELFARE 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 I. There is hereby created an Animal Welfare License Plate Contest. Any

Delaware resident may submit an animal design to be chosen as the design for an animal welfare license plate to be issued by the Division of Motor Vehicles. The designs must be submitted to the Division of Motor Vehicles within sixty (60) days of the enactment of this Act and the Animal Welfare Contest Committee shall choose the winning design within thirty (30) days after the submission deadline. The Committee shall consist of the Director of the Division of Motor Vehicles or the Director's designee; two members from the I-louse of Representatives, one of which is appointed by the Speaker of the House and one of which is appointed by the minority leader of the House; two members from the Senate, one of which is appointed by the President Pro Tem of the Senate and one of which is appointed by the minority leader of the Senate; and a Chairman, who shall be appointed by the Governor.

Section 2. Amend Chapter 21, Title 21 of the Delaware Code by adding a new

§2139D to read as follows:

"§2139D Special animal welfare license plates.

(a) The owner of any vehicle described in paragraph (b) of this subsection may apply to the Department for the assignment to that vehicle of a special animal welfare registration.

(b) This section applies only to:

(I) A private passenger vehicle; or

(2) A truck with a three-fourths ton or smaller manufacturer's rated capacity.

(c) Upon the initial application for a plate to be issued pursuant to this section, a onetime fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this Title. This additional fee is required for members of nonprofit organizations even if members are exempt from registration fees under §2I59 of this Chapter. A replacement plate may be obtained upon payment of a fee to be set by the Division which shall cover the cost of the plate.

(d) The one-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 the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after the Division of Motor Vehicles have covered the costs of promoting and administering this section shall be applied pursuant to subsection (0 of this section.

(e) All registration plates issued pursuant to this section shall be of the colors and

design as determined by the Committee. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The license plate may also include words, a slogan or an emblem indicating support for, or interest in, animal welfare. The Committee may at its discretion drop the wording "The First State" and substitute in place thereof an animal welfare slogan. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(0 The funds derived by the State from that portion of the on-time fee of $50 that is

not defined as an administrative fee pursuant to subsection (d) of this section shall be deposited in the State Treasury and credited to a special fund account to be known as the Animal Welfare License Fund in the Department of Natural Resources and Environmental Control, Division of Fish and Wildlife. The Department of Natural Resources and Environmental Control shall equally divide the funds to advocacy groups having an interest in animal welfare and animal population control.

(g) The Division of Motor Vehicles may promulgate rules and regulations as required

to administer this section."

Approved July 19, 1995