BILL REQ. #:  H-1065.1 

Read first time 01/30/2003.   Referred to Committee on Transportation.

     AN ACT Relating to special law enforcement memorial license plates; amending RCW 46.16.313 and 46.16.316; adding new sections to chapter 46.16 RCW; and adding a new section to chapter 46.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 46.16 RCW to read as follows:
     In cooperation with the Washington state patrol and the department, the sponsor of the law enforcement memorial license plate shall create and design, and the department shall issue, a special license plate displaying a symbol of law enforcement that may be used in lieu of regular or personalized license plates for motor vehicles required to display two motor vehicle license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. These special plates will honor Washington law enforcement officers who gave their lives in the line of duty.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.04 RCW to read as follows:
     "Law enforcement memorial license plates" means license plates issued under section 1 of this act that display a symbol honoring law enforcement officers who were killed in the line of duty.

Sec. 3   RCW 46.16.313 and 1997 c 291 s 8 are each amended to read as follows:
     (1) The department may establish a fee of no more than forty dollars for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program. ((Until December 31, 1997, the fee shall not exceed thirty-five dollars, but effective with vehicle registrations due or to become due on January 1, 1998, the department may adjust the fee to no more than forty dollars.)) This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested. All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.
     (2) ((Until December 31, 1997, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
     (3) Effective with vehicle registrations due or to become due on January 1, 1998,)) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
     (((4) Effective with annual renewals due or to become due on January 1, 1999,)) (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.
     (((5))) (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.
     (((6) Effective with annual renewals due or to become due on January 1, 1999,)) (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360. After this date, the state treasurer shall credit the funds to the state general fund.
     (6) Effective with vehicle registrations due or to become due on January 1, 2004, in addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a law enforcement memorial license plate shall pay an initial fee of forty dollars. The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the law enforcement memorial license plate. Upon the department's determination, the treasurer shall credit the proceeds to the law enforcement memorial account established under section 4 of this act.
     (7) Effective with annual renewals due or to become due on January 1, 2005, in addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a law enforcement memorial license plate shall, upon application, pay a fee of thirty dollars. The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it. The remaining proceeds must be remitted to the custody of the state treasurer with a proper identifying detailed report. The state treasurer shall credit the proceeds to the motor vehicle account until the department determines that the state has been reimbursed for the cost of implementing the law enforcement memorial license plate. Upon the department's determination, the treasurer shall credit the proceeds to the law enforcement memorial account established under section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.16 RCW to read as follows:
     (1) The law enforcement memorial account is created in the custody of the state treasurer. Upon the department's determination that the state had been reimbursed for the cost of implementing the law enforcement memorial license plate, all receipts, except as provided in RCW 46.16.313 (6) and (7), from law enforcement memorial license plates must be deposited into the account. Only the director of general administration or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (2) Funds in the account must be disbursed subject to the following conditions and limitations:
     (a) The director of general administration or the director's designee must disburse the funds for the purpose of constructing a law enforcement memorial on the grounds of the capitol campus. Upon the completion of the memorial, the director of general administration or the director's designee must disburse the funds for the purpose of providing maintenance for the memorial. At the end of each fiscal year any remaining funds in the account must be disbursed for the purpose of contracting with a qualified nonprofit organization to provide grants to the families of officers killed in the line of duty. The grants must be distributed on the basis of financial need.
     (b) For purposes of this section, a "qualified nonprofit organization" means a not-for-profit corporation incorporated and operating exclusively in Washington that has received a determination of tax-exempt status under section 501(c)(3) of the Federal Internal Revenue Code. The organization must have been established for the express purpose of honoring law enforcement officers who have given their lives in service to their communities.
     (c) Beginning January 31, 2005, the qualified nonprofit organization selected by the department under (a) of this subsection shall prepare and submit to the department an annual independent audit, an annual financial statement, and an annual report detailing the nonprofit organization's expenditure of the funds from the account created in subsection (1) of this section.
     (d) Disbursement of these funds from the account to the nonprofit organization is contingent upon the organization meeting all reporting and review requirements as specified under (c) of this subsection.
     (e) No portion of any funds disbursed under this section may be used, directly or indirectly, for any of the following purposes:
     (i) Attempting to influence: (A) The passage or defeat of any legislation by the legislature of the state of Washington, by a county, city, town, or other political subdivision of the state of Washington, or by Congress; or (B) the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
     (ii) Making contributions reportable under chapter 42.17 RCW; or
     (iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.

Sec. 5   RCW 46.16.316 and 1997 c 291 s 10 are each amended to read as follows:
     Except as provided in RCW 46.16.305:
     (1) When a person who has been issued a special license plate or plates under section 1 of this act or RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, sells, trades, or otherwise transfers or releases ownership of the vehicle upon which the special license plate or plates have been displayed, he or she shall immediately report the transfer of such plate or plates to an acquired vehicle or vehicle eligible for such plates pursuant to departmental rule, or he or she shall surrender such plates to the department immediately if such surrender is required by departmental rule. If a person applies for a transfer of the plate or plates to another eligible vehicle, a transfer fee of five dollars shall be charged in addition to all other applicable fees. Such transfer fees shall be deposited in the motor vehicle fund. Failure to surrender the plates when required is a traffic infraction.
     (2) If the special license plate or plates issued by the department become lost, defaced, damaged, or destroyed, application for a replacement special license plate or plates shall be made and fees paid as provided by law for the replacement of regular license plates.