CHAPTER 174

FORMERLY

HOUSE BILL NO. 214

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TOLL EVASION AT THE DELAWARE MEMORIAL BRIDGE, THE DELAWARE RIVER AND BAY AUTHORITY, AND PRESCRIBING PENALTIES FOR FAILURE TO PAY TOLL AND FOR OFFENSIVE CONDUCT AGAINST TOLL COLLECTORS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 4128, Title 21 of the Delaware Code by adding new subsections "(g)" and "(h)" as follows:

"(g) If any vehicle is witnessed by a police officer, toll collector or video surveillance device to be in violation of subsection (b) of this section and the identity of the operator is not apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered committed the violation.

(h) Any person who commits an act of offensive touching against a toll collector who is on duty, presents payment in the form of obviously unsanitary United States currency, or commits any act knowing that such act is likely to cause offense or alarm to a toll collector on duty is guilty of an unclassified misdemeanor.".

Section 2. Amend § 4129(a), Title 21 of the Delaware Code by adding the words "and § 4128" following the phrase "§ 4127" in the first sentence of the Section.

Section 3. Further amend § 4129(a), Title 21 of the Delaware Code by deleting the phrase "the Delaware Turnpike and the Korean War Veterans Memorial Highway and any other State toll road" and replacing it with the phrase "the Delaware Turnpike, the Korean War Veterans Memorial Highway, any other State toll road, or the Delaware Memorial Bridge".

Section 4. Further Amend §4129(a), Title 21 of the Delaware Code by adding, after the phrase "payable to the Department of Transportation or its designee", the phrase "or, in the case of the Delaware Memorial Bridge, the Delaware River & Bay Authority or its designee".

Section 5. Further Amend § 4129(c), Title 21 of the Delaware Code, by adding the phrase "or, in the case of the Delaware Memorial Bridge, the Delaware River & Bay Authority or its designee" after the words "Department of Transportation or its designee" in the first sentence of the subsection and adding the words "or, in the case of the Delaware Memorial Bridge, the Delaware River and Bay Authority" after the words "Department of Transportation" in the third sentence of the subsection.

Section 6. Amend § 4129(d) of Title 21 of the Delaware Code, by adding the phrase "or in the case of the Delaware Memorial Bridge, to the Delaware River and Bay Authority or its designee" after the phrase "the Department of Transportation or its designee" in the first sentence of the subsection.

Approved July 12, 2001