CHAPTER 264

FORMERLY

HOUSE BILL NO. 253

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE 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 Chapter 21, Title 21 of the Delaware Code by inserting a new § 2139Q as shown by underlining as follows:

§ 2139Q Stop child abuse plates.

(a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles for a special “Stop Child Abuse” registration plate, provided that at least 100 such applications are received by the Division.

(b) This section applies to:

(1) A private passenger vehicle; or

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

(c) Upon the initial application for a plate to be issued pursuant to this section, a 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 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 1-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 have covered the costs of promoting and administering this section shall be applied pursuant to subsection (f) of this section.

(e) After making the initial application for a plate to be issued pursuant to this section, the owner shall pay a $40 surcharge annually for each plate in addition to the regular registration fee.

(f) The funds derived by the State from that portion of the initial fee of $50 that is not defined as an administrative fee pursuant to subsections (c) and (d) of this section and the $40 surcharge under subsection (e) shall be deposited by the Division of Motor Vehicles with the State Treasurer and shall be forwarded to the Delaware Community Foundation who, in turn, shall deposit them in the Protecting Delaware’s Children Fund.

(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by the Child Protection Accountability Commission. The numbers and/or letters assigned will be the same as the current license plate assigned to the vehicle. 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 24, 2014