CHAPTER 47

FORMERLY

HOUSE BILL NO. 138

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES FOR FARMLAND PRESERVATION.

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 a Farmland Preservation License Plate Contest. Any Delaware resident may submit a design of farming, farmlands, farmland preservation or agriculture for consideration to be chosen as the design for the farmland preservation license plate to be issued by the Division of Motor Vehicles. The design must be submitted to the Division of Motor Vehicles within 60 days of the enactment of this Act and, the Farmland Preservation Contest Committee shall chose the winning design within 30 days after the submission deadline. The Committee shall consist of the Secretary of Agriculture or the Secretary's designee; a representative of the Delaware Farm Bureau; Chairman of the Delaware Agricultural Lands Preservation Foundation or the Chairman's designee; the Director of the Division of Motor Vehicles or the Director's designee; two members of 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 Tempore of the Senate and one of which is appointed by the Minority Leader of the Senate; and a Chairperson, who shall be appointed by the Governor.

Section 2. Amend Chapter 21, Title 21 of the Delaware Code, by inserting therein a new section as follows:

"§2139 H. Farmland Preservation Plates

(a) The owner of any vehicle described in paragraph (b) of this subsection may apply to the Division of Motor Vehicles for a special "Farmland Preservation" registration plate.

(b) This section applies to:

(1) 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 one-time 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 all persons applying for a special plate pursuant to this section, including 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 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 has covered the costs of promoting and administering this section shall be applied pursuant to subsection (e) of this section.

(e) The funds derived by the State from that portion of the one-time fee of $50 that is not defined as an administrative fee pursuant to subsection (d) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited with the Delaware Agricultural Lands Preservation Foundation for its deposit in the Delaware Farmland Preservation Fund.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Farmland Preservation Contest Committee. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. The committee may, at its discretion, drop the wording "The First State" and substitute in place thereof the wording "Preserve Our Farms". The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

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

Approved June 12, 2003