BILL REQ. #:  H-4072.1 

Read first time 01/23/2004.   Referred to Committee on Transportation.

     AN ACT Relating to special NASCAR license plates; amending RCW 46.16.313, 46.16.290, and 46.16.316; adding a new section to chapter 46.04 RCW; and adding new sections to chapter 46.16 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.04 RCW to read as follows:
     "NASCAR license plate" means license plates issued under section 2 of this act that display a NASCAR symbol.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.16 RCW to read as follows:
     The department shall issue a special NASCAR license plate displaying a symbol approved by the department. The NASCAR license plate may be used in lieu of regular or personalized license plates for motor vehicles required to display two motor vehicle license plates or for motorcycles, excluding vehicles registered under chapter 46.87 RCW, upon the terms and conditions established by the department.
     Notwithstanding the provisions of RCW 46.16.230, the NASCAR license plate must be flat and digitally printed. The digitally printed license plates may include bar codes to facilitate distribution and inventory control.

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 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, 2005, in addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a NASCAR license plate shall pay an initial fee of fifty 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. Under RCW 46.16.755, 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 NASCAR special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit the proceeds to the NASCAR account established under section 4 of this act.
     (7) Effective with annual renewals due or to become due on January 1, 2006, in addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a NASCAR license plate shall, upon application, pay a fee of fifty 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. Under RCW 46.16.755, 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 NASCAR special license plate. Upon the determination by the department that the state has been reimbursed, the treasurer shall credit fifteen dollars of the proceeds from each original and renewal to the NASCAR account established under section 4 of this act. All remaining proceeds will be deposited to the motor vehicle account.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.16 RCW to read as follows:
     (1) The NASCAR account is created in the custody of the state treasurer. Upon the department's determination that the state has been reimbursed for the cost of implementing the NASCAR special license plate, all receipts, except as provided in RCW 46.16.313 (6) and (7), from NASCAR license plates must be deposited into the account. Only the director of the department of licensing 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) Under the requirements of RCW 46.16.765, the department must contract with a qualified nonprofit organization to provide assistance to injured NASCAR drivers injured during a NASCAR sponsored race or to the survivors of a NASCAR driver killed during a NASCAR sponsored race.
     (b) For the 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 purposes of providing assistance to injured NASCAR drivers or the survivors of a NASCAR driver killed in a NASCAR sponsored race. The qualified nonprofit organization will elect a board and establish the criteria for application and disbursement of funds from the NASCAR account.
     (c) The qualified nonprofit organization must meet all requirements of RCW 46.16.765.

Sec. 5   RCW 46.16.290 and 1997 c 291 s 4 are each amended to read as follows:
     In any case of a valid sale or transfer of the ownership of any vehicle, the right to the certificates properly transferable therewith, except as provided in RCW 46.16.280, and to the vehicle license plates, except as provided in RCW 46.16.316, passes to the purchaser or transferee. It is unlawful for the holder of such certificates, except as provided in RCW 46.16.280, or vehicle license plates, except as provided in RCW 46.16.316, to fail, neglect, or refuse to endorse the certificates and deliver the vehicle license plates to the purchaser or transferee. If the sale or transfer is of a vehicle licensed by the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law, or, if the vehicle is licensed with personalized plates, amateur radio operator plates, medal of honor plates, disabled person plates, disabled veteran plates, prisoner of war plates, or other special license plates issued under RCW 46.16.301 or 46.16.313 as now existing or as it existed before amendment by section 5, chapter 291, Laws of 1997, the vehicle license plates therefor ((shall)) may be transferred as provided in RCW 46.16.316, in which case they may be retained and ((may be)) displayed upon a vehicle obtained in replacement of the vehicle so sold or transferred.

Sec. 6   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 2 of this act or RCW 46.16.301 as now existing or 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.