CHAPTER 281

FORMERLY

SENATE BILL NO. 101

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE ISSUANCE OF SPECIAL REGISTRATION 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. There is hereby created an Environmental License Plate Contest. Any Delaware resident may submit a design Of a scenic, wildlife or environmental nature to be chosen as the design for an environmental license plate to be issued by the Division of Motor Vehicles. The designs must be submitted to the Division of Motor Vehicles within 60 days of the enactment of this Act and the Environmental Contest Committee shall choose the winning design within 30 days after the submission deadline. The Committee shall consist of the Secretary of the Department of Natural Resources and Environmental Control or the Secretary's designee; the Director or Historical and Cultural Affairs or the Director's designee; the Director of the Division of Motor Vehicles or the Director's designee; two members from the House 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, by adding a new section 2140A to read as follows: "§2140A Environmental License Plates

(a) The owner of a motor vehicle may apply to the Division of Motor Vehicles for special environmental license plate.

(b) Upon the initial application for a plate to be issued pursuant to this section, a onetime fee of $35, 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 *2159 of this Chapter. A replacement plate may be obtained upon payment of a fee to he set by the Division which shall cover the cost of the plate.

(c) The one-time administrative fee collected pursuant to subsection (b) of this section shall be deposited into a special kind 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 has covered the costs of promoting and administering this section shall be applied pursuant to subsection (e) of this section.

((1) 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. No special numbers or letters will be authorized fbr these plates. The Committee may at its discretion drop the wording "The First State" and substitute in place thereof an environmental slogan. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(e) The funds derived by the State from that portion of the one-time fee of $35 that is not defined as an administrative fee pursuant to subsection (e) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and divided equally between:

(1) the Delaware Center for the Inland Bays; and

(2) the Partnership for the Delaware Estuary, Incorporated.

(f) The Division of Motor Vehicles may promulgate rules and regulations as required to administer this section."

Approved July 26, 1995