WSR 08-22-067

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed November 4, 2008, 8:25 a.m. , effective December 5, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Rule making is required to clarify requirements to the special license plate review board. Making clearer what is required when reporting information to the special license plate review board.

Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-560 Special license plates -- Criteria for creation or continued issuance.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 08-18-037 on August 28, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: November 4, 2008.

Mykel D. Gable

Assistant Director

Vehicle Services

OTS-1826.2


AMENDATORY SECTION(Amending WSR 07-20-110, filed 10/3/07, effective 11/3/07)

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? 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 after the moratorium is lifted. If an organization does not submit the signature sheets at the board meeting following 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 ((in the approved configuration)) are purchased annually and ((no less)) 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 to discontinue a plate series created after January 1, 2003; or

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

(((3))) (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. 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