Delaware General Assembly


CHAPTER 204

FORMERLY

SENATE BILL NO. 201

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 Chapter 21, Title 21, Delaware Code by inserting therein the following:

Ҥ2139I. Special license plates for holders of Gold Star Lapel Buttons.

(a)(1) The owner of any vehicle described in subsection (b) of this section may apply to the Department for assignment to that vehicle of a special gold star family registration number; provided, however, that the owner of the vehicle qualifies under paragraph (2) of this subsection.

(a)(2) Special registration may be issued by the Department under this section if the applicant provides sufficient official documentation of being awarded a Gold Star Lapel Button by the United States Department of Defense in recognition of a close relative’s death while serving in the military.

(b) This section applies only to:

(1) A private passenger vehicle; or

(2) A truck with a three-quarter ton or less manufacturer’s rated capacity.

(c) No fee in addition to the annual registration fee otherwise required by this Title is required for registration under this section; provided, however, that an original application under this section shall be subject to a $10 administrative fee which 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 Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) The Department shall reserve sufficient special license plates including the letters “GS” and numbered consecutively beginning with the numeral 1 as are necessary to implement this section. In addition, any special license plate issued pursuant to this section shall include a gold star and the phrase “gold star family”.

(e) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.”

Section 2. Amend Chapter 21, Title 21 of the Delaware Code by inserting a new “§ 2139J” to read as follows:

Ҥ 2139J. Special License Plates for Veterans of Operation Iraqi Freedom.

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for assignment to that vehicle of a special Operation Iraqi Freedom Veterans registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is a veteran of Operation Iraqi Freedom.

(2) This Section applies only to:

A. A private passenger vehicle; or

B. A truck with a three-fourths ton or less manufacturer’s rated capacity.

(b) Special registration may be issued by the Department under this Section if the United States Department of Defense certifies that the applicant is a veteran of Operation Iraqi Freedom.

(c) No fee in addition to the annual registration fee otherwise required by this Title is required for registration under this Section; provided however, that an original application under this Section be subject to a $10 administrative fee, which 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 Department projects notwithstanding the provisions of Chapter 13 and 14 of Title 2 of the Delaware Code to the contrary.

(d) Only one (1) such plate shall be issued to an applicant.

(e) The Department shall reserve sufficient special license plates including the letters ‘OIF’ and numbered consecutively beginning with the numeral 1 as are necessary to implement this action.

(f) Upon receipt by the Department of information that the individual to whom the special plate has been issued has died, the Department shall write to the representative of that person’s estate, requesting that such plate be returned to the Department within 90 days.”.

Section 3. Amend Chapter 21, Title 21 of the Delaware Code, by inserting a new “§2139K” to read as follows:

"§2139. Special license plates for Vietnam War Veterans.

(a)(1) The owner of any vehicle described in paragraph (2) of this subsection may apply to the Department for assignment to that vehicle of a special Vietnam War veteran registration number; provided however, that the owner of the vehicle must possess official documentation which indicates that such owner is a Vietnam War veteran.

(2) This Section applies only to:

a. A private passenger vehicle; or

b. A truck with a three-fourth ton or less manufacturer’s rated capacity.

(b) Special registration may be issued by the Department under this Section if the United States Department of Defense certifies that the applicant is a veteran of the Vietnam War.

(c) No fee in addition to the annual registration fee otherwise required by this Title is required for registration under this Section, provided however, that an original application under this Section be subject to a $10.00 administrative fee, which 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 Department projects notwithstanding the provisions of Chapters 13 and 14 of Title 2 to the contrary.

(d) Only one (1).such plate shall be issued to an applicant.

(e) The Department shall reserve sufficient special license plates including the letters VV and numbered consecutively beginning with the numeral one (1) as are necessary to implement this Section.

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

Section 4. Amend § 2140(g), Title 21 of the Delaware Code by adding a new paragraph (7) to read as follows:

“(7) Members of the ‘USSVI, Mid-Atlantic Base’, the US Submarine Veterans, Inc., organization, provided that at least 35 applications for special plates be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the special plate.”.

Section 5. Amend Title 21 of the Delaware Code by deleting “or the Viet Nam conflict” as it appears in §2137(b)(1), §2137(b)(2), §2138(c)(1), §2138(c)(2), §2139(b)(1) and §2139(b)(2) thereof and by inserting in lieu thereof each time the following:

“, the Viet Nam conflict, Operation Desert Storm or other military conflict on foreign soil in which United States armed forces were formally engaged in battle”.

Section 6 Amend § 2140(g)(5) of Title 21 of the Delaware Code by striking the word “and” as it appears at the end of said subsection.

Section 7. Amend § 2140(g)(6) of Title 21 of the Delaware Code by striking the period (.) at the end of said subsection and substituting in lieu thereof the punctuation and word “; and”.

Section 8. Amend § 2140(g) of Title 21 of the Delaware Code by adding thereto a new subsection (7) to read as follows:

“(7) Members of the ‘Buffalo Soldiers Motorcycle Club of Delaware’, provided that at least twenty-five (25) applications for special plates must be received from members of such organization before the Division of Motor Vehicles will approve the issuance of the special plate.”.

Section 9. The Department may promulgate rules and regulations as required to administer this section.

Approved April 10, 2008