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LAWS OF DELAWARE
VOLUME 84
CHAPTER 178
152nd GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 155
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
making deletions as
shown by strike
through and insertions as shown by underline as follows:
§ 2140O. Special registration plates supporting Plastic Free Delaware.
(a) The owner of
any vehicle described
in subsection (b)
of this section
may apply to
the Division of
Motor Vehicles for a special waste reduction registration plate. The Division shall issue the plate if it receives at least 200 of such applications.
(b) This section applies
to:
(1) A private
passenger vehicle; or
(2) Subject to
paragraph (b)(2)b of
this section, a
motor vehicle, including
a truck or
trailer, with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.
a. The motor
vehicle described in
this paragraph may
be owned by
an individual or
an artificial entity, including corporation, company, association, firm, partnership, society, or joint-stock company.
b. A truck
that qualifies to
register for the
International Registration
Plan (IRP), individually,
or as part
of a combination of
vehicles, as defined
section 101 of
this Title, may not be
issued a special
plate under this
section.
(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 $15.00,
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 has covered
the costs of promoting and administering this section shall be applied pursuant to subsection (e) of this section.
(e) 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) and (d) of
this section shall be
deposited by the Division of
Motor Vehicles with the State Treasurer and shall be specifically set aside and deposited to support education and outreach programs
in Plastic Free Delaware’s Fund.
(f) All registration plates issued pursuant to this section shall be of the colors and design as determined by
the Division and Plastic Free Delaware. The numbers and letters assigned will be the same as the current license plate assigned to the
vehicle. The committee may, at its discretion, drop the wording “The First State” and substitute in lieu thereof the wording agreed upon with the organization.
(g) The Division of Motor Vehicles shall have the power to refuse any design which it
believes would cause a public safety enforcement problem. The
Division of Motor
Vehicles may promulgate
rules and regulations
as required to
administer this section.
Approved August 22, 2023