CHAPTER 59

FORMERLY

SENATE BILL NO. 20

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 18 AND 21 OF THE DELAWARE CODE TO INCREASE ENFORCEMENT OF DELAWARE’S UNINSURED MOTORIST LAWS

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

WHEREAS, law-abiding Delawareans pay higher automobile insurance rates as a result of the presence of uninsured drivers in Delaware; and

WHEREAS, allowing specialized personnel within the State Department of Insurance to assist law enforcement officials in enforcing Delaware’s uninsured motorist laws will serve as an additional deterrent to uninsured drivers; and

WHEREAS, it is important that Delawareans receive adequate opportunity to prove that they carry automobile insurance before any sanctions are taken against them for failure to carry such insurance;

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

Section 1. Amend Title 21, Chapter 21 of the Delaware Code by adding a new Section 2118(q)(4), which shall read:

“(4) With respect to any vehicle which has (a) had its registration suspended by the Division of Motor Vehicles pursuant to Section 2118(m) of this Title, (b) had transfer of custody of its license plate ordered by the Justice of the Peace Court pursuant to Section 2118(p) of this Title, or (c) failed to produce proof of insurance in a timely fashion pursuant to Section 2118(q) of this Section, an officer of the Delaware State Police or member of the Department of Insurance’s Fraud Prevention Bureau (“the Fraud Bureau”) may confiscate the registration plate of that vehicle at any time absent affirmative proof that the vehicle is currently insured. Prior to any confiscation pursuant to this subsection, the registered owner of a vehicle shall receive notice at least seven days prior to confiscation by regular and certified mail that such confiscation is to occur, and shall be provided a means to prove that the vehicle has current insurance prior to the indicated confiscation date. The Division of Motor Vehicles and the Justice of the Peace Court shall provide information to the Fraud Bureau and Delaware State Police sufficient to allow those organizations to enforce this subsection. Registration plates confiscated pursuant to this subsection shall be turned over to the Division of Motor Vehicles, which shall follow procedures established pursuant to and consistent with Section 2118(m) of this Title for return of said plates. The Fraud Bureau shall provide its members with sufficient training to ensure safe enforcement of this subsection.”.

Section 2. Amend Title 18, Chapter 24 of the Delaware Code by adding a new Section 2404(c)(4), which shall read:

“(4) To enforce Title 21, Section 2118(q)(4) of the Delaware Code by confiscating license plates of uninsured motorists who have failed to provide proof of insurance after being afforded an opportunity to prove proof of insurance as required in Section 2118(q)(4).”

Approved June 23, 2005