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SPONSOR: Rep. Ortega & Sen. Hoffner
Reps. Collins, Morrison, Vanderwende, Berry, Yearick,
Harris; Sens. Richardson, Wilson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 455
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-fourths of all members
elected to each house thereof concurring therein):
1 Section 1. Amend Subchapter II, Chapter 21, Title 21 of the Delaware Code by making deletions as shown by
2 strike through and insertions as shown by underline as follows:
3 § 2140V. Special license plates supporting Preservation Delaware, Inc.
4 (a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor
5 Vehicles (“Division”) for a special Preservation Delaware, Inc. license plate. The Division shall issue the plate only if the
6 Division receives at least 200 applications for the plate.
7 (b) This section only applies to the following:
8 (1) A private passenger vehicle.
9 (2) A motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle weight rating (“GVWR”)
10 of 26,000 pounds or less.
11 a. The motor vehicle or trailer described in this paragraph (b)(2) may be owned by an individual or an
12 artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.
13 b. A motor vehicle that qualifies to register for the International Registration Plan (“IRP”), individually,
14 or as part of a combination of vehicles, may not be issued a special license plate under this section.
15 (c)(1) On the initial application for a special license plate to be issued under this section, a 1-time administrative
16 fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this
17 title.
18 (2) The initial application fee under paragraph (c)(1) of this section is required for a person applying for the
19 plate, including a member of a non-profit organization, even if the member is exempt from registration fees under §
20 2159 of this title.
21 (3) A replacement plate may be obtained on payment of a fee set by the Division, which must cover the cost
22 of the plate.
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23 (d) The Division shall deposit the 1-time administrative fee collected under subsection (c) of this section into a
24 special fund and use the fund for the purpose of promoting the sale of the plate and administering this section. Proceeds
25 remaining after the Division has covered the costs of promoting the sale of the plate and administering this section must be
26 applied under subsection (e) of this section.
27 (e) The funds derived by the State from the portion of the 1-time fee of $50 under subsection (c) of this section,
28 other than the funds spent by the Division under subsection (d) of this section, must be deposited by the Division with the
29 State Treasurer and must be specifically set aside in the Preservation Delaware, Inc. Fund for use by Preservation Delaware,
30 Inc.
31 (f) The design for all special license plates issued under this section must be submitted by Preservation Delaware,
32 Inc. for final color and design approval by the Division, and are subject to the following:
33 (1) The Division may drop the wording, “The First State”, and substitute in lieu thereof the wording agreed to
34 with Preservation Delaware, Inc.
35 (2) A plate may not be solely black and white in color.
36 (3) The Division may refuse any design that the Division believes would cause a public safety enforcement
37 problem.
38 (g) The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at
39 the time of the application for the plate.
40 (h) The Division may promulgate regulations as required to administer this section.
SYNOPSIS
This Act creates a special license plate for Preservation Delaware, Inc., a statewide nonprofit whose mission is
dedicated to the preservation of Delaware’s architectural heritage and historic settings through education, public policy
initiatives, and technical assistance.
This Act requires a greater-than-majority vote for passage because Article VIII, § 4 of the Delaware Constitution
requires the affirmative vote of 3/4 of the members elected to each house of the General Assembly to appropriate money to
any county, municipality, or corporation.
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