Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-10-116.

     Title of Rule and Other Identifying Information: WAC 308-96A-550 Vehicle special collegiate license plates and 308-96A-560 Special license plates -- Criteria for creation or continued issuance.

     Hearing Location(s): Department of Licensing, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on November 9, 2010, at 9:00 a.m. - 10:00 a.m.

     Date of Intended Adoption: November 10, 2010.

     Submit Written Comments to: Debra K. Then, P.O. Box 9037, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98501-9037, e-mail dthen@dol.wa.gov, fax (360) 902-3706, by November 5, 2010.

     Assistance for Persons with Disabilities: Contact Debra K. Then by November 5, 2010, TTY (360) 664-0116.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to comply with E2SHB 2617 of the 61st legislature 2010 sp. sess. which eliminated the special license plate review board.

     Reasons Supporting Proposal: Current language included the requirements of the special license plate review board. These requirements needed to be eliminated from the law due to the passage [of] E2SHB 2617 which eliminated the board.

     Statutory Authority for Adoption: RCW 46.01.110.

     Statute Being Implemented: RCW 46.16.725, 46.16.745.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent:

     Name of Agency Personnel Responsible for Drafting: Debra K. Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; Implementation and Enforcement: Joann Davis, 1125 Washington Street S.E., Olympia, WA, (360) 902-0122.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in the industry.

     A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

October 5, 2010

Walt Fahrer

Rules Coordinator

OTS-3695.1

AMENDATORY SECTION(Amending WSR 04-08-079, filed 4/6/04, effective 5/7/04)

WAC 308-96A-550   Vehicle special collegiate license plates.   (1) What are the criteria for establishing collegiate license plates? Application for license plate series from an institution of higher education under RCW 46.16.324 may be submitted to the ((special license plate review board)) department through the process established in RCW 46.16.735 and 46.16.745. In addition the following criteria must be satisfied:

     (a) The plates will consist of numbers, letters, colors and a symbol or artwork approved by the department ((and/or the special license plate review board)).

     (b) The numbers and letters combination may not exceed seven positions.

     (c) The plate series will not conflict with existing license plates.

     (d) The plate design must provide at least four positions to accommodate serial numbering.

     (e) The plate must not carry connotations offensive to good taste or decency, which may be misleading, vulgar in nature, a racial, ethnic, lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16 RCW.

     (f) The plate must be designed so that it is legible and clearly identifiable by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration including special, personalized or exempt license plate(s).

     (2) How is the design for a collegiate plate determined? The institution of higher education must provide a design including color and dimension specifications of the logo requested on the special collegiate license plate series with their application. Design services may be purchased through the department. The design must be legible and clearly identifiable as a Washington state plate to be approved by the department, Washington state patrol, ((the special license plate review board)) and((/or)) the legislature.

     (3) Who may apply for the special collegiate license plate? Upon receipt of all applicable fees, the special collegiate license plate will be issued to a registered owner of the vehicle.

     (4) When ownership of a vehicle issued collegiate license plates is sold, traded, or otherwise transferred, what happens to the plates? The owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle, a transfer fee to another vehicle shall be charged as provided in RCW 46.16.316(1).

     (5) Will any new fees be charged when the collegiate license plates are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate will be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund will not be made for the remaining registration period.

     (6) Will I be able to retain my current collegiate license plate number/letter combination if my plate is lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both collegiate license plates, the owner will make application for new collegiate or other license plates and pay the fees described in RCW 46.16.270 and 46.16.233 as applicable. See note following subsection (9) of this section.

     (7) Will I ever have to replace my collegiate license plate? Yes, the collegiate license plates are subject to the seven-year vehicle license plate replacement schedule.

     (8) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.

     (9) When I am required to replace my collegiate license plate, will I receive the same license plate number/letter combination? Yes. In addition to the license plate replacement fee, you may pay an additional plate retention fee to retain the same number/letter combination as shown on the current vehicle computer record as long as the plate meets a current approved license plate configuration and background.

Note:

If the license plate(s) has been reported as stolen or if the department record indicates the plate has been stolen, the same number/letter combination will not be issued.

[Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. 04-08-079, § 308-96A-550, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, § 308-96A-550, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-550, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-550, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, § 308-96A-550, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 91-03-091, § 308-96A-550, filed 1/18/91, effective 2/18/91.]

OTS-3696.1

AMENDATORY SECTION(Amending WSR 08-22-067, filed 11/4/08, effective 12/5/08)

WAC 308-96A-560   Special license plates -- Criteria for creation or continued issuance.   (1) What is a special license plate series? For the purpose of this rule a special license plate series is one license plate design with a range of numbers and letter combinations to be determined by the department.

     (2) What is required for an organization to apply to create a new plate through the ((special license plate review board)) department? The organization must submit a completed application packet, signature sheet and supporting documentation as required by law. Signature sheets must reflect that they are collected within three years of submission.

     If an organization started collecting signature sheets before the moratorium was put into place that ends on July 1, 2009, they are exempt from the three-year time frame. However, organizations collecting signatures during the moratorium must submit their completed application packet and signature sheets ((at the next board meeting)) to the department within ninety days after the moratorium is lifted. If an organization does not submit the signature sheets ((at the board meeting following)) to the department within ninety days after the moratorium, the signature sheets are no longer valid.

     (3) What criteria are used to discontinue issuing special license plates? A special license plate series may be canceled if:

     (a) The department determines that fewer than five hundred special license plates are purchased annually and fewer than one thousand five hundred special license plates are purchased in any continuous three-year period. (Except those license plates issued under RCW 46.16.301, 46.16.305, and 46.16.324); or

     (b) If the sponsoring organization does not submit an annual financial statement required by RCW 46.16.765 and certified by an accountant; or

     (c) The legislature concurs with a recommendation from the ((special license plate review board)) department to discontinue a plate series created after January 1, 2003; or

     (d) The state legislature changes the law allowing that plate series.

     (4) What information must be contained in the annual financial report? The annual financial report must include all expenditures related to programs, fund-raising, marketing, and administrative expenses related to their special license plate. The report must include:

     (a) The stated purpose of the organization receiving the special plate revenue;

     (b) A message from the chair or director of the organization;

     (c) Program highlights with a detailed list of how the funds were expended for those programs;

     (d) List of special events the organization held to market their special plate for the current reporting year;

     (e) A summary of financial information:

     (i) Previous revenue received during current reporting year;

     (ii) Total revenue received during current reporting year;

     (iii) Summary of administrative expenses.

     If an organization is disbursing funds through a grant program or to another nonprofit organization supporting Washington citizens, a list including the program and the organizations must be submitted which includes their name and amount received.

     (5) What steps are taken by the department if the annual financial report is not submitted as required or the special plate revenue is expended for purposes other than allowed by law? The department will follow the guidelines as established in the organization's contractual agreement with the department:

     (a) Send a written notice of the violations to the organization;

     (b) The organization is given thirty days to correct the violation;

     (c) If the violation is not corrected, the department may immediately terminate the contract.

     (6) Can an organization have more than one special plate series? No. Organizations cannot have more than one special license plate series except those issued before January 1, 2006. Those organizations that already have multiple special plate series may not have more.

     An updated design of the current special license plates does not constitute more than one special plate series. The newest design supersedes the prior design. The assigned number and letter combination cannot be changed when a new plate design is created.

[Statutory Authority: RCW 46.01.110. 08-22-067, § 308-96A-560, filed 11/4/08, effective 12/5/08; 07-20-110, § 308-96A-560, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. 04-08-079, § 308-96A-560, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-560, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-560, filed 12/22/97, effective 1/22/98. Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, § 308-96A-560, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 93-14-083, § 308-96A-560, filed 6/30/93, effective 7/31/93; 91-03-091, § 308-96A-560, filed 1/18/91, effective 2/18/91.]

© Washington State Code Reviser's Office