CHAPTER 385

FORMERLY

SENATE BILL NO. 266

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE OR REGISTRATION PLATES.

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. Amend §2139O, Title 21, Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§ 2139O. Special license plates for members of the Marine Education, Research and Rehabilitation Institute, Inc.

(a) (1) The owner of any vehicle described in this subsection may apply to the Department for the assignment to that vehicle of a special Marine Education, Research and Rehabilitation Institute, Inc., registration number.

(2) This section applies only to:

a. A private passenger vehicle; or

b. A truck with a 3/4-ton or smaller manufacturer's rated capacity.

(b) Special registration may be issued under this section only if:

(1) The applicant states that the applicant is a member of the Marine Education, Research and Rehabilitation Institute, Inc.; and

(2) The Marine Education, Research and Rehabilitation Institute, Inc. certifies that the applicant is an active member of that organization.

(c) Upon the initial application for a plate to be issued pursuant to this section, a 1-time fee of $50, which includes an administrative fee of $15 that shall be deposited into a special fund and used by the Division of Motor Vehicles (Division) for the purpose of administering this section and to fund Division Projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary, is required in addition to the annual registration fee required by this title. The above fees are required for members of nonprofit organizations even if such members are exempt from registration fees under § 2159 of this title. 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 Department shall reserve sufficient license plates including the letters "MER" and numbered consecutively beginning with the numeral 1 as are required for this section.

(e) The Division may promulgate rules and regulations as required to administer this section. The Division shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(f) Upon receipt of official correspondence from the organization advising that an individual to whom a special plate has been issued is no longer affiliated with such organization or has died, the Department shall write to such person or the representative of such person's estate requesting that such plate be returned to the Department within 90 days.

(g) The funds derived by the State from that portion of the 1 time fee of $50 that is not defined as an administrative fee pursuant to subsection (c) of this section shall be deposited by the Division with the State Treasurer and shall be specifically set aside for use by the Marine Education, Research and Rehabilitation Institute, Inc.

§ 2139O. Marine Education, Research and Rehabilitation Institute, Inc. Special License Plates.

(a) The owner of a motor vehicle which is a private passenger vehicle or a truck with a ¾ ton or smaller manufacturer’s rated capacity may apply to the Division of Motor Vehicles for a special Marine Education.

(b) Upon the initial application for a license 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 members of nonprofit organizations even if members are exempt from registration fees under § 2159 of this title. 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.

(c) The one-time administrative fee collected pursuant to subsection (b) of this section shall be deposited into a special fund and used by the Division of Motor Vehicles for the purpose of administering this section and to fund Division Projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) All license plates issued pursuant to this section shall be of the colors and design requested by the Marine Education, Research and Rehabilitation Institute, Inc. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. No special numbers or letters will be authorized for these plates. The Division of Motor Vehicles shall have the power to refuse any design which it believes would cause a public safety enforcement problem.

(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 (c) of this section shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be specifically set aside for use by the Marine Education, Research and Rehabilitation Institute, Inc.

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

Approved August 01, 2012