1. (a) The owner of any vehicle described in subsection (b) of this section may apply to the Division of Motor Vehicles (“Division”) for a special Preservation Delaware, Inc. license plate. The Division shall issue the plate only if the Division receives at least 200 applications for the plate.

2. (b) This section only applies to the following:

   1. (1) A private passenger vehicle.

   2. (2) A motor vehicle, including a truck or trailer, with a manufacturer’s gross vehicle weight rating (GVWR) of 26,000 pounds or less.

      1. a. The motor vehicle or trailer described in this paragraph (b)(2) may be owned by an individual or an artificial entity, including a corporation, company, association, firm, partnership, society, or joint-stock company.
      2. b. A motor vehicle that qualifies to register for the International Registration Plan (IRP), individually, or as part of a combination of vehicles, may not be issued a special license plate under this section.

3. (c) (1) On the initial application for a special license plate to be issued under this section, a 1-time administrative fee of $50, which includes an administrative fee of $15, is required in addition to the annual registration fee required by this title.

   1. (2) The initial application fee under paragraph (c)(1) of this section is required for a person applying for the plate, including a member of a non-profit organization, even if the member is exempt from registration fees under § 2159 of this title.
   2. (3) A replacement plate may be obtained on payment of a fee set by the Division, which must cover the cost of the plate.
4. (d) The Division shall deposit the 1-time administrative fee collected under subsection (c) of this section into a special fund and use the fund for the purpose of promoting the sale of the plate and administering this section. Proceeds remaining after the Division has covered the costs of promoting the sale of the plate and administering this section must be applied under subsection (e) of this section.
5. (e) The funds derived by the State from the portion of the 1-time fee of $50 under subsection (c) of this section, other than the funds spent by the Division under subsection (d) of this section, must be deposited by the Division with the State Treasurer and must be specifically set aside in the Preservation Delaware, Inc. Fund for use by Preservation Delaware, Inc.

6. (f) The design for all special license plates issued under this section must be submitted by Preservation Delaware, Inc. for final color and design approval by the Division, and are subject to the following:

   1. (1) The Division may drop the wording, “The First State,” and substitute in lieu thereof the wording agreed to with Preservation Delaware, Inc.
   2. (2) A plate may not be solely black and white in color.
   3. (3) The Division may refuse any design that the Division believes would cause a public safety enforcement problem.
7. (g) The numbers, letters, or both, assigned will be the same as the license plate assigned to the owner’s vehicle at the time of the application for the plate.
8. (h) The Division may promulgate regulations as required to administer this section.

85 Del. Laws, c. 405, § 1