WSR 07-17-042

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 9, 2007, 8:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-13-025.

Title of Rule and Other Identifying Information: Chapter 308-96A WAC, Vehicle licenses; to include WAC 308-96A-057 Purple Heart license plates.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on September 25, 2007, at 10:30 a.m.

Date of Intended Adoption: October 23, 2007.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-7821 or 902-7822, by September 24, 2007.

Assistance for Persons with Disabilities: Contact Dale R. Brown by September 24, 2007, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to allow spouses of deceased recipients of the Purple Heart medal to purchase and retain Purple Heart license plates.

Reasons Supporting Proposal: Amendments were requested by spouses of Purple Heart recipients.

Statutory Authority for Adoption: RCW 46.01.110, 46.12.070, and 46.16.276.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: 1125 Washington Street S.E., Olympia, WA.

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.

August 9, 2004 [2007]

Julie Knittle

Assistant Director

Vehicle Services

OTS-9905.1


AMENDATORY SECTION(Amending WSR 02-16-071, filed 8/6/02, effective 9/6/02)

WAC 308-96A-057   Purple Heart license plates.   (1) Under what authority does the department issue Purple Heart license plates? The department issues Purple Heart license plates, under the authority of RCW 46.16.305 as written prior to 1990. Washington state law allowed the department to issue special license plate series denoting the age or type of vehicle or denoting special activities or interest, status, or contribution or sacrifice for the United States, the state of Washington, or citizens of the state of Washington, of a registered owner of that vehicle. The Washington legislature amended the law in 1990 allowing the department to continue issuing special license plates authorized under the law as it was before it was amended.

(2) Who may receive Purple Heart license plates? Any Washington resident who:

(a) Has been awarded a Purple Heart medal by any branch of the United States Armed Forces, including the Merchant Marines and the Women's Air Forces Service Pilots or spouse if the recipient is deceased;

(b) Was wounded or is the spouse of a person during one of this nation's wars or conflicts identified in RCW 41.04.005; and

(c) Is an owner, co-owner, lessee, or co-lessee of a vehicle requiring two license plates; or

(d) The spouse of a deceased recipient of a Purple Heart medal.

(3) What documentation does a Purple Heart recipient or spouse of a deceased recipient need to submit to obtain Purple Heart license plates? Purple Heart recipients or spouse of a deceased recipient applying for these license plates must submit:

(a) An application for Purple Heart license plates; and

(b) A copy of the armed forces document showing the recipient was awarded the Purple Heart medal.

(c) The surviving spouse of a deceased Purple Heart medal recipient may be issued a special Purple Heart license plate. In addition to confirm eligibility, the surviving spouse must submit the following:

(i) A copy of the death certificate of the deceased Purple Heart medal recipient; and

(ii) An affidavit that the applicant is not currently married.

(4) May the spouse of a deceased Purple Heart recipient keep the Purple Heart license plates? Yes. To keep the Purple Heart license plates the surviving spouse must provide:

(a) A copy of the Purple Heart recipient's death certificate; and

(b) An affidavit that the spouse has not remarried; and

(c) If the surviving spouse remarries, the Purple Heart special license plate is invalid and must be removed from the vehicle.

(5) When I am required to replace my Purple Heart license plate, will I receive the same license plate number((/)) and letter combination? Yes. Upon request you will receive replacement Purple Heart license plates with the same number/letter combination as shown on the vehicle computer record.

[Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070, 46.16.276. 02-16-071, 308-96A-057, filed 8/6/02, effective 9/6/02. Statutory Authority: RCW 46.01.110, 46.16.276 and 43.17.060. 00-01-151, 308-96A-057, filed 12/21/99, effective 1/21/00. Statutory Authority: RCW 46.01.110. 97-07-013, 308-96A-057, filed 3/11/97, effective 4/11/97; 93-14-083, 308-96A-057, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 46.01.110 and 46.16.335. 91-15-006, 308-96A-057, filed 7/8/91, effective 8/8/91.]

Washington State Code Reviser's Office