CHAPTER 476

FORMERLY

SENATE BILL NO. 385

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND 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:

Section 1. Amend §2139F (0, Title 21 of the Delaware Code, by striking said subsection in its entirety and by substituting in lieu thereof a new §2139F (I) to read as follows:

"(f) The funds derived by the State from that portion of the one-time fee of $50 that are 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 divide the funds between, organizations or veterinary clinics that provide low-cost dog or cat spaying and neutering services and nonprofit organizations that provide shelter to unwanted stray dogs and cats. In determining how the funds shall be expended, the Department shall consider the recommendations of the Fund Committee, as defined in (g) below, provided that such recommendations shall not be binding on the Department."

Section 2. Amend § 2139F by redesignating existing subsection (g) as subsection (h), and by adding a new subsection (g) to read as follows:

"(g) For purposes of this section, the 'Fund Committee' shall mean a committee comprised of the following five (5) persons:

(1) The Secretary of the Department of Natural Resources and Environmental Control or his or her designee, which person shall also act as chairperson of the committee;

(2) A representative of the Kent County SPCA;

(3) A representative of the Delaware SPCA;

(4) A representative of the Delaware Humane Association; and

(5) The President of the State Veterinary Board or his or her designee.

The Fund Committee shall meet as often as is necessary at times and in locations specified by the Chairperson. The Fund Committee shall issue recommendations to the Department of Natural Resources and Environmental Control as often as the Chairperson deems necessary but no less often than annually. Three members shall comprise a quorum and actions by the committee may only be taken by majority vote of those members present. The members shall receive no compensation for their services."

Approved July 10, 1996