Bill Text: DE HB140 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Titles 21 And 30 Of The Delaware Code Relating To Taxes And Fees Supporting The Transportation Trust Fund.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2015-07-01 - Signed by Governor [HB140 Detail]
Download: Delaware-2015-HB140-Engrossed.html
SPONSOR: |
Rep. Schwartzkopf & Rep. Longhurst & Rep. Viola & Rep. Q. Johnson & Rep. Osienski & Sen. Blevins & Sen. McBride & Sen. Henry & Sen. Sokola |
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HOUSE BILL NO. 140 AS AMENDED BY HOUSE AMENDMENT NO. 1 |
AN ACT TO AMEND TITLES 21 AND 30 OF THE DELAWARE CODE RELATING TO TAXES AND FEES SUPPORTING THE TRANSPORTATION TRUST FUND.
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 §3002(c), Title 30 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(3)
The document fee payable thereafter shall increase in increments of $3.75
$4.25 per each additional $100 of purchase price or any fraction
thereof, rounded to the nearest dollar.; Except that the document fee
thereafter for mobile homes shall increase in increments of $3.75 per each
additional $100 of purchase price or any fraction thereof, rounded to the
nearest dollar.
Section 2. Section 1 of this Bill shall be effective October 1, 2015, with the following transitional provisions:
(a) The document fee charged during fiscal year 2015 shall be charged for all title work received by the Division of Motor Vehicles prior to October 1, 2015, but not processed by the Division until after that date.This provision shall include mailed title work postmarked prior to October 1, but received by the Division after that date.
(b) Vehicles sold prior to October 1, 2015, as evidenced by a bill of sale, shall be processed at the fee rate in effect during fiscal year 2015.
(c) Notwithstanding the foregoing subsections, all titles processed on or after November 1, 2015 shall be processed using the fee rates made effective October 1, 2015, no matter when the vehicle was purchased.
Section 3. Amend §2715(c), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) A late fee of $1.15 $10 shall be assessed in
addition to the renewal fee for every person whose driver's license has
expired.
Section 4. Amend §2716(c), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) A late fee of $1.15 $10 shall be assessed in
addition to the renewal fee for every person whose driver's license has
expired.
Section 5. Amend §2611(h)(2), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(2) The fee for renewal of a commercial motor vehicle driver
license shall be $48 except when the commercial motor vehicle driver license is
endorsed for the transport of hazardous materials in which event the fee shall
be $30. The fee for renewal of a non-CDL Class A or non-CDL Class B driver
license shall be $40. A late fee of $1.15 $10 shall be assessed
in addition to the renewal fee for every person whose commercial motor vehicle
driver license has expired.
Section 6. Amend §2151(6), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(6) A fee of $10 $20, in addition to the registration
fee, shall be imposed at the time of renewal of registration of a motor vehicle
or semitrailer if the Delaware registration has expired. This fee shall not be
imposed if the registration has expired over 12 months or if a permit has been
purchased for the vehicle pursuant to §2103 of this title. The fee shall not
be imposed if a transfer of ownership on the vehicle has taken place or if the
motor vehicle or trailer has been inspected prior to the expiration of
registration;
Section 7. Amend §2737, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Any person whose license and/or driving privileges has been suspended or
disqualified shall pay a fee of $25 $50 at the end of such
suspension or disqualification for the return of the person's license and/or
the reinstatement of the person's driving privileges.
Section 8. Amend §2738, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Any person whose license and/or driving privileges has been revoked shall
pay a fee of $143.75 $200 at the end of such revocation for the
reinstatement of the person's driving privileges. The above stated fee does not
include the fee for the issuance of a new license.
Section 9. Amend §2720(c), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) Each application for the
issuance of a duplicate license certificate shall be accompanied by a fee of $10
$20.
Section 10. Amend §2309, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2309 Duplicate certificates; fee.
In the event of the loss of a certificate of title, the loss of which is
accounted for to the satisfaction of the Department, a duplicate or substitute
may be issued, the charge therefor to be $25 $50.
Section 11. Amend §2158(c), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) The fee for a duplicate registration validation sticker shall
be $1.00 $5.00.
Section 12. Amend §2158(a), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(a) The fee for a duplicate certificate of registration shall be $2.00
$10.00.
Section 13. Amend §2129(b), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(b) The Department may also issue temporary registration plates to
a dealer in motor vehicles, either new or used, who submits such proof as the
Department requires of such status as a bona fide dealer, for reissuance to
purchasers of unregistered motor vehicles. Such plates may be issued to a
qualified dealer upon application for not less than 5 of such plates and
payment of a fee of $10 $20 for each plate.
Section 14. Amend §2103 (3) and (4), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(3) When a registration has expired, a temporary permit may be
issued upon the payment of a fee of $10 $20 in addition to the
regular fee for reregistration so that the vehicle may be driven to a place for
repair, if necessary, and to an inspection station preparatory to
reregistration;
(4) For the movement of unregistered vehicles by persons entitled
to move the same, when it is not proposed to secure a certificate of title or a
transfer of title to such vehicle, a temporary permit may be issued for which a
fee of $10 $20 shall be charged;
Section 15. Amend §2130(a), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(a) A dealer may issue a temporary registration plate for a fee of
not more than $10 $20 for each plate to a purchaser of an
unregistered motor vehicle who makes proper application to the Department for
registration thereof upon an appropriate form and delivers such application,
together with the required fee, to the dealer for transmission to the
Department.
Section 16. Amend §305(f)(1), Title 21 of the Delaware Code by making deletions as shown by strike throughand insertions as shown by underline as follows:
(f)(1) Fees for copies and information. — The Secretary shall charge
a fee of $15 $25 for each motor vehicle record supplied to
persons other than those governmental agencies designated in paragraph (b)(1)
of this section. If special handling is needed to certify a record or notarize
an affidavit, the fee for such handling shall be $20 $30 to
include the requested record.
Section 17. Amend §2128(a), Title 21 of the Delaware Code by making deletions as shown by strike throughand insertions as shown by underline as follows:
(a) Upon the transfer of a vehicle or upon the expiration of
registration for any other cause, the number plates assigned to a vehicle shall
remain attached thereto. However, the transferor may have such registration
plates and number plates transferred and assigned to another vehicle upon
proper application in writing to the Department and upon payment to the
Department of a fee of $10 $20 in addition to all other fees
required by law.
Section 18. Amend §2305, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§2305 Fee.
The fee for issuing a certificate of title for a vehicle shall be $25
$35. Such fee shall be in addition to any fee charged for registration
of the vehicle.
Section 19. Amend §2335(a), Title 21 of the Delaware Code by making deletions as shown by strike throughand insertions as shown by underline as follows:
(a) In the event that any claim of any kind is sought to be secured
upon any motor vehicle for which a certificate of title has been previously
issued by the Department, and the certificate remains outstanding and valid and
no assignment of the certificate has been made or sought to be made and no
transfer of title or ownership or possession of the motor vehicle is made or
sought to be made, the certificate of title shall be returned to the Department
together with the application for placing and recording of such claim as a lien
or encumbrance upon the motor vehicle. The application shall be made upon the
appropriate form furnished and approved by the Department. Every application
shall be accompanied by a fee of $10 $20, which shall be in
addition to any other fees required by this title. Upon the filing of the
application and the entering of the claim, the certificate of title shall be
returned to the person entitled to receive it.
Section 20.Amend §2503(a), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(a) The transferee of a Delaware registered vehicle shall make application
for a new certificate of title immediately following purchase, but in no case
more than 30 days after purchase of said vehicle. If due to extraordinary
circumstances the purchaser is unable to apply for a certificate of title
within 30 days of the purchase date, the Director, in the Director's discretion
and for good cause shown, may grant an extension of time within which the
purchaser must do so. The transferee, before operating or permitting the
operation of a motor vehicle which has been transferred to such transferee upon
a highway, shall apply for a transfer of title, obtain the registration of the
vehicle as upon original registration, submit the vehicle to inspection and
obtain new registration plates and new number plates as provided in this title.
If the transferor has not had the registration plates and number plates
transferred and assigned to another vehicle, then the transferee may, before
operating or permitting the operation of such vehicle upon a highway, apply for
and obtain, upon the payment of a fee of $25 $35, a transfer of
title and registration. Upon any such application the Department shall issue to
the transferee without additional fee or inspection a new certificate of title
and a new registration card, which card shall show the same period for which
such vehicle was originally registered by the owner.
Section 21.Amend §2508, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
The fee for transferring title to a vehicle shall be $25 $35.
A $25 $35 penalty fee shall be charged for the issuance of a new
certificate of title on a Delaware titled vehicle when the application is
received more than 30 days after the transfer date of said vehicle. The penalty
fee shall be waived if the Director has granted an extension of time within
which to apply for a certificate of title in accordance with §2503(a) of this
title.
Section 22.Amend §2510(c) and (e), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) The transferee, except as provided in subsection (d) of this section,
shall thereupon present such certificate endorsed and assigned to the
Department, accompanied by a transfer fee of $25 $35 and make
application for and obtain a new certificate of title for such vehicle.
(e) Whenever the ownership of any motor vehicle passes otherwise than by
voluntary transfer, the new owner may obtain a certificate of title therefore
from the Department upon application therefore and payment of a fee of $25
$35, accompanied with such instruments or documents of authority, or
certified copies thereof, as may be required by law to evidence or effect a
transfer of title or interest in or to chattels in such case. The Department,
when satisfied of the genuineness and regularity of such transfer, shall issue
a new certificate of title to the person entitled thereto.
Section 23.Sections 18 through 22 of this Bill shall become effective October 1, 2015 with the following transitional provisions:
(a) The title fee and title lien fee charged during fiscal year 2015 shall be charged for all title work received by the Division of Motor Vehicles prior to October 1, 2015, but not processed by the Division until after that date.This shall include mailed title work postmarked prior to October 1, 2015, but received after that date.
(b) Vehicles sold prior to October 1, 2015, as evidenced by a bill of sale, shall be charged the title fee and title lien fee charged during fiscal year 2015 until November 1, 2015.
(c) All titles issued on or after November 1, 2015 shall be processed using the fee rates made effective October 1, 2015, no matter when the vehicle was purchased or the mail was received.
Section 24.Except as otherwise stated herein, this Act shall become effective on October 1, 2015.
Section 25.If any provision of this Act or the application thereof is held invalid, such invalidity shall not affect the provisions of this Act that can be given effect without such invalid provisions or application, and to this end the provisions of this Act are declared to be severable.