FINAL BILL REPORT

SSB 6663

PARTIAL VETO

                              C 250 L 90

BYSenate Committee on Transportation (originally sponsored by Senators Patterson, DeJarnatt, Thorsness and Rasmussen; by request of Department of Licensing)

Authorizing special license plates and emblems.

Senate Committee on Transportation

House Committe on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Licensing administers many special license plate programs (i.e. disabled veteran, POWs, Pearl Harbor Survivor, Congressional Medal of Honor, etc.) which are authorized by statute.

Due to the number of requests to the Legislature for special plates each year, the Department of Licensing was directed to study and make recommendations for establishing a special license plate program.  A bill implementing the department's recommendations (SB 5420) was considered but not enacted by the Legislature in 1989.

The 1989 Legislature enacted a bill authorizing the Department of Licensing to issue "remembrance emblems" and campaign emblems to honorably discharged veterans for display on the front license plate in an area approved by the department.  The Governor vetoed the bill.

SUMMARY:

Special vehicle license plate, special vehicle license plate emblem, and veterans emblem programs are established within the Department of Licensing.

Special License Plate Program.  Special license plates may denote the age or type of vehicle or may denote special activities or interests, or contribution or sacrifice for the United States, the State of Washington or its citizens.

The department has the sole discretion to create, design and issue special license plates and whether any activity, status, contribution or sacrifice merits the issuance of a series of special license plates.  The department must consider the significance of the activity, status, contribution or sacrifice as well as the potential number of persons who may be eligible and the cost and efficiency of producing limited numbers of plates.  Any special plates issued must conform with all requirements for plates for the type of vehicle for which it is issued.

The following special plate statutes are repealed:  horseless carriage and restored vehicles, amateur radio operators, Medal of Honor, and Pearl Harbor survivors.  The department is required to continue issuing these categories of special plates under the same conditions as provided for in the repealed statutes.  Surviving spouses of persons who would have qualified, or did qualify, for Pearl Harbor survivor special vehicle license plates shall be issued Pearl Harbor survivor plates.  In addition, the statutes relating to centennial plates are repealed.

A surviving spouse of a prisoner of war need not have been married to the prisoner of war during the period of his or her incarceration in order to be eligible for the free regular or special plates.  However, if the surviving spouse remarries, the plates must be returned and application for regular license plates made within 15 days.

When a person who has been issued a special vehicle license plate releases ownership of the vehicle, he or she must pay a $5 transfer fee in addition to any other applicable fees to transfer the plate to a new vehicle.

The department may establish fees not to exceed $35 for the issuance of each type of special vehicle license plate in an amount calculated to offset the cost of producing the plates and administering the program.  The fees are deposited in the motor vehicle fund.  The additional fee does not apply to Medal of Honor and Pearl Harbor survivor plates.

Veterans Remembrance Emblem Program.  A person who has been honorably discharged from military service may be issued a remembrance emblem depicting the American flag and a tribute or message.  Veterans who have been awarded a campaign ribbon may be issued an emblem depicting the following campaigns:  World War I (1917-1918); the Pacific and European Theaters during World War II (1942-1945); Korea (1950-1954); Vietnam (1965-1973); and Armed Forces Expeditionary (after 1958).  The veteran must furnish proof of his or her honorable discharge and pay all regular license fees.  The emblem shall be displayed on the vehicle license plate in a manner designated by the Department of Licensing.

The department may establish fees not to exceed $25 per emblem for this program.  The fees are to offset the costs of producing the emblems, administrative costs plus an amount to be used by the Department of Veterans Affairs.

The veterans emblem account is created in the custody of the State Treasurer.  All monies received from the sale of emblems to veterans shall be placed in the account.  Expenditures from the account shall be used by the Department of Licensing exclusively for payment of the costs associated with the program.  Any remaining balance in the account is to be used by the Department of Veteran Affairs exclusively for projects that pay tribute to veterans.  The monies may be used to preserve and operate existing memorials, as well as for planning, acquiring land and constructing future memorials.

Special Vehicle License Plate Emblems.  Institutions of higher education, including community colleges, may petition the Department of Licensing for a special vehicle license plate emblem.  The department has sole discretion to determine whether an institution qualifies for the program under the same criteria as in the special license plate program.  As a condition for receiving an emblem, additional fees may be collected from any person by the institution to be used for the institution's purposes.

The special vehicle license plate emblem account is created and fees collected by the department are deposited into the account to be used only to offset the costs of administering the special vehicle license plate emblem program.

The department may establish fees for the issuance of each type of special vehicle license plate emblem in an amount calculated to offset the costs of producing the emblems and administration of the program.

Technical changes to Department of Licensing statutes relating to gender references, outdated statutory references, terminology changes and ambiguous language are made.

VOTES ON FINAL PASSAGE:

     Senate   45    0

     House 91  6 (House amended)

     Senate          (Senate refused to concur)

Free Conference Committee

     House 84  8

     Senate   44    0

EFFECTIVE:June 7, 1990

           July 1, 1990 (Section 11)

           January 1, 1991 (Sections 1-10, 12-15, 17)

Partial Veto Summary:  Technical corrections to Ch. 46.37 (sections 55 and 56) were vetoed by the Governor because those sections were duplicated in other bills.  Section 48, which authorized occupational drivers' licenses for persons convicted of DWI, and section 87, which made a limited exception to administrative revocation of a person's driver's license for refusing to take a breathalyzer test, were vetoed by the Governor because the sections eroded the impact of the implied consent law.  (See VETO MESSAGE)