Passed by the House April 18, 2005 Yeas 93   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2005 Yeas 47   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1065 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/08/05.
AN ACT Relating to the armed forces license plate collection; amending RCW 73.04.115 and 41.04.007; reenacting and amending RCW 46.16.313 and 73.04.110; adding new sections to chapter 46.16 RCW; and adding a new section to chapter 43.60A 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:
(1) The legislature recognizes that the armed forces license plate
collection has been reviewed and approved by the special license plate
review board.
(2) The department shall issue a special license plate collection,
approved by the special license plate review board and the legislature,
recognizing the contribution of veterans, active duty military
personnel, reservists, and members of the Washington national guard.
The collection includes six separate designs, each containing a symbol
representing a different branch of the armed forces to include army,
navy, air force, marine corps, coast guard, and Washington national
guard.
(3) Armed forces special license plates may be used in lieu of
regular or personalized license plates for vehicles required to display
one and two vehicle license plates, excluding vehicles registered under
chapter 46.87 RCW, upon terms and conditions established by the
department.
(4) Upon request, the department must make available to the
purchaser, at no additional cost, a decal indicating the purchaser's
military status. The department must work with the department of
veterans affairs to establish a list of the decals to be made
available. The list of available decals must include, but is not
limited to, "veteran," "disabled veteran," "reservist," "retiree," or
"active duty." The department may specify where the decal may be
placed on the license plate. Decals are required to be made available
only for standard six-inch by twelve-inch license plates.
(5) Armed forces license plates and decals are available only to
veterans as defined in RCW 41.04.007, active duty military personnel,
reservists, members of the Washington national guard, and the spouses
of deceased veterans. Upon initial application, any purchaser
requesting an armed forces license plate and decal will be required to
show proof of eligibility by providing: A DD-214 or discharge papers
if a veteran; a military identification or retired military
identification card; or a declaration of fact attesting to the
purchaser's eligibility as required under this section.
(6) The department of veterans affairs must enter into an agreement
with the department to reimburse the department for the costs
associated with providing military status decals described in
subsection (4) of this section.
(7) Armed forces license plates are not available free of charge to
disabled veterans, former prisoners of war, or spouses of deceased
former prisoners of war under the privileges defined in RCW 73.04.110
and 73.04.115.
NEW SECTION. Sec. 2 A new section is added to chapter 46.16 RCW
to read as follows:
(1) "Armed forces license plate collection" means the collection of
six separate license plate designs issued under section 1 of this act.
Each license plate design displays a symbol representing one of the
five branches of the armed forces, and one representing the Washington
national guard.
(2) Armed forces license plates are not available free of charge to
disabled veterans, former prisoners of war, or spouses of deceased
former prisoners of war under the privileges defined in RCW 73.04.110
and 73.04.115.
Sec. 3 RCW 46.16.313 and 2004 c 221 s 3, 2004 c 48 s 3, and 2004
c 35 s 3 are each reenacted and 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. 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) 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.
(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.
(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.
(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 vehicle, the holder of a
professional fire fighters and paramedics 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. 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 professional fire fighters
and paramedics license plates. Upon the determination by the
department that the state has been reimbursed, the treasurer shall
credit the proceeds to the Washington State Council of Fire Fighters
benevolent fund established under RCW 46.16.30902.
(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 vehicle registration, the holder of a professional fire
fighters and paramedics 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. 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 professional fire fighters and paramedics
special license plate. Upon the determination by the department that
the state has been reimbursed, the treasurer shall credit the proceeds
to the Washington State Council of Fire Fighters benevolent fund
established under RCW 46.16.30902.
(8) Effective with vehicle registrations due or to become due on
November 1, 2004, in addition to all fees and taxes required to be paid
upon application and registration of a vehicle, the holder of a
"Helping Kids Speak" 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. Pursuant to 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 "Helping Kids Speak" special license plate.
Upon the determination by the department that the state has been
reimbursed, the treasurer shall credit the proceeds to the "Helping
Kids Speak" account established under RCW 46.16.30904.
(9) Effective with annual renewals due or to become due on November
1, 2005, in addition to all fees and taxes required to be paid upon
renewal of a vehicle registration, the holder of a "Helping Kids Speak"
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. Pursuant to 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 "Helping Kids Speak" special license plate. Upon the
determination by the department that the state has been reimbursed, the
treasurer shall credit the proceeds to the "Helping Kids Speak" account
established under RCW 46.16.30904.
(10) 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 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 shall
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to 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 law enforcement memorial special license
plate. Upon the determination by the department that the state has
been reimbursed, the treasurer shall credit the proceeds to the law
enforcement memorial account established under RCW 46.16.30906.
(11) 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 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 shall
be remitted to the custody of the state treasurer with a proper
identifying detailed report. Pursuant to 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 law enforcement memorial special license
plate. Upon the determination by the department that the state has
been reimbursed, the treasurer shall credit the proceeds to the law
enforcement memorial account established under RCW 46.16.30906.
(12)(a) Effective with vehicle registrations due or to become due
on or after January 1, 2006, in addition to all fees and taxes required
to be paid upon application and registration of a vehicle, the holder
of an armed forces license plate shall pay an initial fee of forty
dollars. The department shall retain 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 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 armed forces special license plate collection. Upon
determination by the department that the state has been reimbursed, the
treasurer shall credit the proceeds to the veterans stewardship account
established under section 4 of this act.
(b) Effective with annual renewals due or to become due on or after
January 1, 2007, in addition to all fees and taxes required to be paid
upon renewal of a vehicle registration, the holder of an armed forces
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 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 armed forces
special license plate collection. Upon the determination by the
department that the state has been reimbursed, the treasurer shall
credit the proceeds to the veterans stewardship account established in
section 4 of this act.
NEW SECTION. Sec. 4 A new section is added to chapter 43.60A RCW
to read as follows:
(1) The veterans stewardship account is created in the custody of
the state treasurer. Disbursements of funds must be on the
authorization of the director or the director's designee, and only for
the purposes stated in subsection (4) of this section. In order to
maintain an effective expenditure and revenue control, funds are
subject in all respects to chapter 43.88 RCW, but no appropriation is
required to permit expenditure of the funds.
(2) The department may request and accept nondedicated
contributions, grants, or gifts in cash or otherwise, including funds
generated by the issuance of the armed forces license plate collection
under chapter 46.16 RCW.
(3) All receipts, except as provided in RCW 46.16.313(12) (a) and
(b), from the sale of armed forces license plates must be deposited
into the veterans stewardship account.
(4) All moneys deposited into the veterans stewardship account must
be used by the department for activities that benefit veterans,
including but not limited to, providing programs and services for
homeless veterans; establishing memorials honoring veterans; and
maintaining a future state veterans' cemetery. Funds from the account
may not be used to supplant existing funds received by the department.
Sec. 5 RCW 73.04.115 and 1990 c 250 s 91 are each amended to read
as follows:
(1) The department shall issue to the surviving spouse of any
deceased former prisoner of war described in RCW 73.04.110(2), one set
of regular or special license plates for use on a personal passenger
vehicle registered to that person.
(2) The plates shall be issued without the payment of any license
fees or excise tax on the vehicle. Whenever any person who has been
issued license plates under this section applies to the department for
transfer of the plates to a subsequently acquired motor vehicle, a
transfer fee of five dollars shall be charged in addition to all other
appropriate fees. If the surviving spouse remarries, he or she shall
return the special plates to the department within fifteen days and
apply for regular license plates.
(3) For purposes of this section, the term "special license plates"
does not include any plate from the armed forces license plate
collection established in section 1 of this act.
Sec. 6 RCW 73.04.110 and 2004 c 223 s 6 and 2004 c 125 s 1 are
each reenacted and amended to read as follows:
(1) Any person who is a veteran as defined in RCW 41.04.007 who
submits to the department of licensing satisfactory proof of a service-connected disability rating from the veterans administration or the
military service from which the veteran was discharged and:
(((1))) (a) Has lost the use of both hands or one foot;
(((2))) (b) Was captured and incarcerated for more than twenty-nine
days by an enemy of the United States during a period of war with the
United States;
(((3))) (c) Has become blind in both eyes as the result of military
service; or
(((4))) (d) Is rated by the veterans administration or the military
service from which the veteran was discharged and is receiving service-connected compensation at the one hundred percent rate that is expected
to exist for more than one year;
is entitled to regular or special license plates issued by the
department of licensing. The special license plates shall bear
distinguishing marks, letters, or numerals indicating that the motor
vehicle is owned by a disabled veteran or former prisoner of war. This
license shall be issued annually for one personal use vehicle without
payment of any license fees or excise tax thereon. Whenever any person
who has been issued license plates under the provisions of this section
applies to the department for transfer of the plates to a subsequently
acquired motor vehicle, a transfer fee of ten dollars shall be charged
in addition to all other appropriate fees. The department may
periodically verify the one hundred percent rate as provided in
subsection (((4))) (1)(d) of this section.
(2) Any person who has been issued free motor vehicle license
plates under this section prior to July 1, 1983, shall continue to be
eligible for the annual free license plates.
(3) For the purposes of this section, (a): "Blind" means the
definition of "blind" used by the state of Washington in determining
eligibility for financial assistance to the blind under Title 74 RCW;
and (b) "special license plates" does not include any plate from the
armed forces license plate collection established in section 1 of this
act.
Any unauthorized use of a special plate is a gross misdemeanor.
Sec. 7 RCW 41.04.007 and 2002 c 292 s 2 are each amended to read
as follows:
"Veteran" includes every person, who at the time he or she seeks
the benefits of section 1 of this act, RCW 72.36.030, 41.04.010,
73.04.090, 73.04.110, 73.08.010, 73.08.060, 73.08.070, or 73.08.080 has
received an honorable discharge or received a discharge for medical
reasons with an honorable record, where applicable, and who has served
in at least one of the following capacities:
(1) As a member in any branch of the armed forces of the United
States, including the national guard and armed forces reserves, and has
fulfilled his or her initial military service obligation;
(2) As a member of the women's air forces service pilots;
(3) As a member of the armed forces reserves, national guard, or
coast guard, and has been called into federal service by a presidential
select reserve call up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a U.S. army
transport service or U.S. naval transportation service vessel in
oceangoing service from December 7, 1941, through December 31, 1946; or
(5) As a member of the Philippine armed forces/scouts during the
period of armed conflict from December 7, 1941, through August 15,
1945.