CHAPTER 443

FORMERLY

HOUSE SUBSTITUTE NO. I

FOR

HOUSE BILL NO. 55

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLES 7 AND 23 OF THE DELAWARE CODE RELATING TO LICENSES, PERMITS, STAMPS AND REGISTRATIONS ISSUED BY AUTHORIZED AGENTS OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.

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

Section 1. Amend §511, Title 7, Delaware Code, by striking §511 in its entirety and substituting in lieu thereof the following:

"§511. Licensing Agents; bond requirement; service charge; regulations.

(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient distribution of the licenses, permits and stamps authorized by Subchapter I of this chapter.

(b) Licensing Agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received from the sale of licenses, permits and stamps.

(c) Licensing Agents may add a service charge to the required fee for a license, permit or stamp, provided the service charge does not exceed 75 cents for a license, 75 cents for a permit or 50 cents for a stamp. Such service charges, if imposed, shall be posted by the Licensing Agent and shall be clearly visible to prospective purchasers.

(d) Notwithstanding subsection (c) of this section, a Licensing Agent offering automated licensing may be authorized by the Department to add a service charge of up to $4.00 to the required fee for a license, permit or stamp. License, permit and stamp applicants, prior to their purchase of licenses, permits and/or stamps through an automated system, shall be notified of the applicable service charge(s).

(e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section."

Section 2. Amend §517(c), Title 7, Delaware Code, by striking the phrase "license agent fees imposed by" and substituting in lieu thereof the phrase "Licensing Agent fees charged in accordance with".

Section 3. Amend §1125(a), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) Licensing Agents, who are authorized by the Department to sell fishing licenses, shall, upon request, be furnished with trout fishing stamps, and for their salt, shall be entitled to the compensation provided by §511 of this title for the sale of migratory waterfowl stamps."

Section 4. Amend Chapter 17, Title 7, Delaware Code, by adding thereto a new section to read as follows:

"§1718. Licensing Agents; bond requirement; service charge; regulations.

(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient distribution of dog licenses.

(b) Licensing Agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received from the sale of licenses.

() Licensing Agents may add a service charge to the required fee for a license, provided the service charge does not exceed $1.00. Said service charge, if imposed, shall be posted by the Licensing Agent and shall be clearly visible to prospective purchasers,

(a) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section."

Section 5. Amend Chapter 47, Title 7, Delaware Code, by adding thereto a new section to read as follows:

"§4705. Licensing Agents; service charge; regulations.

(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient distribution of state park permits.

(b) Licensing Agents may add a service charge to the required fee for a state park permit, provided the service charge does not exceed 50 cents for an annual permit or daily permit book or 75 cents for a surf fishing vehicle permit. Such service charges, if imposed, shall be posted by the Licensing Agent and shall be clearly visible to prospective purchasers.

(c) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section."

Section 6. Amend §2113, Title 23, Delaware Code, by striking subsection (d) in its entirety, and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.

Section 7. Amend Chapter 21, Title 23, Delaware Code, by adding thereto a new section to read as follows:

"§2113A. Licensing Agents; service charge; regulations.

(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient distribution of boat registrations and boat ramp certificates. All new Licensing Agents shall be engaged in both retail sales and repairs of boats as a prerequisite for the issuance of boat registrations.

(b) Licensing Agents may add a service charge to the required fee for a boat registration or boat ramp certificate, provided the service charge does not exceed $1.50 for a boat registration and 7S cents for a boat ramp certificate. Said service charge, if imposed, shall be posted by the Licensing Agent and shall be clearly visible to prospective purchasers.

(c)The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section."

Approved July 14, 1998