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SPONSOR: Rep. Morrison & Sen. Hansen
Reps. Osienski, K. Johnson, Burns, Romer, Lambert;
Sens. Sokola, Walsh
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 388
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE LOSS OF DRIVERS' LICENSES
DUE TO MEDICAL ISSUES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 2724, Title 21 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 2724. Medical evaluation of drivers; suspension; review.
4 (d) After review, each member of the Medical Advisory Board and the vision consultants shall report their
5 recommendations to the Secretary. The members of the Board and the vision consultants shall not meet as a group unless
6 such a meeting is called by the Chairperson, but rather each member and consultant shall arrive at an opinion independently
7 and shall inform the Secretary of the member’s or consultant’s recommendations. These recommendations may involve any
8 of the following by way of illustration but not of limitation:
9 (1) No action against driver or applicant; applicant.
10 (2) Periodic medical or optometric evaluation; evaluation.
11 (3) Specific license restrictions; restrictions.
12 (4) Further medical or optometric evaluation; evaluation.
13 (5) Driver improvement activity, including retesting; retesting.
14 (6) License suspension. suspension or cancellation.
15 (e) The Secretary shall make the final decision on whether the driver or applicant for a license should be licensed,
16 refused, issued a restricted license license, or have the license suspended. suspended or cancelled.
17 (h) Upon the Secretary’s decision to suspend or cancel a license, the holder of the license may either physically
18 surrender the license or sign documentation required by the Department to affirm the holder’s understanding that the holder
19 is prohibited from driving during the period of suspension or cancellation and that retention of the physical license does not
20 authorize the holder to operate a motor vehicle.
21 (i) At the end of a period of suspension or cancellation and provided that the physical license expiration date has
22 not passed, driving privileges must be reinstated for a non-surrendered license and no reinstatement fee may be required.
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23 Section 2. Amend § 2737, Title 21 of the Delaware Code by making deletions as shown by strike through and
24 insertions as shown by underline as follows:
25 § 2737. Fee for return of suspended license and/or driving privileges.
26 Any A person whose license and/or or driving privileges has been is suspended or disqualified, except a person
27 whose license or driving privileges were suspended or canceled due to a physical, visual, or mental disqualification for
28 licensure under § 2724 of this title,shall must pay a fee of $50 at the end of such suspension or disqualification for the
29 return of the person’s license and/or the reinstatement of the person’s driving privileges.
30 Section 3. Amend § 2751, Title 21 of the Delaware Code by making deletions as shown by strike through and
31 insertions as shown by underline as follows:
32 § 2751. Unlawful application for or use of license or identification card.
33 (c) Display of canceled licenses. — A person shall not display, cause or permit to be displayed, any canceled
34 license. license except as permitted under § 2724(h) of this title.
35 (e) Display of suspended licenses. — A person shall not display, cause or permit to be displayed, any suspended
36 license. license except as permitted under § 2724(h) of this title.
37 (h) Possession of canceled license. — A person shall not possess any canceled license. license except as permitted
38 under § 2724(h) of this title.
39 (j) Possession of suspended license. — A person shall not possess any suspended license. license except as
40 permitted under § 2724(h) of this title.
41 (o) Failure or refusal to surrender license or identification card. — A person shall may not fail or refuse to
42 surrender to the Department on its lawful demand any license or identification card that has been suspended, revoked,
43 canceled, altered altered, or otherwise fraudulently obtained. The Department may establish alternative means for the
44 surrender of a license or identification.
SYNOPSIS
This Act seeks to address the undue burden placed on individuals who are required to surrender their driver's
license due to a medical condition. Under current law, individuals must physically surrender their license, often during
already traumatic circumstances, and are then, in some cases, required to purchase a separate identification card to maintain
a valid form of ID during the suspension period. This Act allows a medically disqualified individual to retain the
individual's physical driver’s license for identification purposes by signing an affidavit acknowledging the individual is
prohibited from operating a motor vehicle. This approach balances public safety with compassion, streamlines
administrative processes, and eliminates unnecessary costs for affected individuals.
This Act also makes technical corrections to existing law to conform to the standards of the Delaware Legislative
Drafting Manual.
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