BILL REQ. #:  S-0677.1 

Read first time 01/25/2005.   Referred to Committee on Transportation.

     AN ACT Relating to special license plates; amending RCW 46.16.385, 46.16.690, 46.16.745, and 46.16.755; adding a new section to chapter 46.04 RCW; and adding a new section 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:
     "Collection of special license plates" means a group of special license plates having a similar theme that are approved by the special license plate review board.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.16 RCW to read as follows:
     (1) The following special license plate series created by the legislature may be personalized: (a) RCW 46.16.301; (b) RCW 46.16.305, except those plates issued under RCW 46.16.305(1); (c) RCW 46.16.324; (d) RCW 46.16.585; or (e) RCW 46.16.745.
     (2) Personalized special plates issued under this section may be personalized only by using numbers or letters, or any combination thereof not exceeding seven positions, including the special plate identifier position holders, and not less than one position, to the extent that there are no conflicts with existing license plate series. A personalized special license plate is subject to the same requirements as personalized license plates issued on the standard background as listed in RCW 46.16.575, 46.16.580, 46.16.590, 46.16.595, and 46.16.600.
     (3) In addition to any other fees and taxes due at the time of registration, applicants for a personalized special license plate must pay both the fees and taxes required to be paid upon registration or renewal of the special plate as set out in the statute creating the special plate and the personalized plate as required in RCW 46.16.585 and 46.16.606. The special plate fee must be distributed in accordance with the requirements set out in the statute creating the special plate. The personalized plate fee must be distributed under RCW 46.16.585 and 46.16.606.

Sec. 3   RCW 46.16.385 and 2004 c 222 s 1 are each amended to read as follows:
     (1) The department shall design and issue disabled parking emblem versions of special license plates issued under (a) RCW 46.16.301; (b) RCW 46.16.305, except those plates issued under RCW 46.16.305 (1) and (2); (c) RCW 46.16.324; (d) RCW 46.16.745; (e) RCW 73.04.110; (f) RCW 73.04.115; (g) RCW 46.16.585; or (((g))) (h) RCW 46.16.301(1) (a), (b), or (c), as it existed before amendment by section 5, chapter 291, Laws of 1997. The disabled parking emblem version of the special plate must display the universal symbol of access that may be used in lieu of the parking placard issued to persons who qualify for special parking privileges under RCW 46.16.381. The department may not charge an additional fee for the issuance of the special disabled parking emblem license plate, except the regular motor vehicle registration fee, the fee associated with the particular special plate, and any other fees and taxes required to be paid upon registration of a motor vehicle. The emblem must be incorporated into the design of the special license plate in a manner to be determined by the department, and under existing vehicular licensing procedures and existing laws.
     (2) Persons who qualify for special parking privileges under RCW 46.16.381, and who have applied and paid the appropriate fee for any of the special license plates listed in subsection (1) of this section, are entitled to receive from the department a special disabled parking emblem license plate. The special disabled parking emblem license plate may be used for one vehicle registered in the disabled person's name. Persons who have been issued the parking privileges or who are using a vehicle displaying the special disabled parking emblem license plate may park in places reserved for mobility disabled persons.
     (3) The special disabled parking emblem license plate must be administered in the same manner as the plates issued under RCW 46.16.381.
     (4) The department shall adopt rules to implement this section.

Sec. 4   RCW 46.16.690 and 2003 c 361 s 502 are each amended to read as follows:
     The department shall offer license plate design services to organizations that are sponsoring a new special license plate series or are seeking to redesign the appearance of an existing special license plate series that they sponsored. In providing this service, the department must work with the requesting organization in determining the specific qualities of the new plate design and must provide full design services to the organization. The department shall collect from the requesting organization a fee of ((one thousand five hundred)) fifty dollars for providing license plate design services. This fee includes one original license plate design and up to five additional renditions of the original design. If the organization requests the department to provide further renditions, in addition to the five renditions provided for under the original fee, the department shall collect an additional fee of five hundred dollars per rendition. All revenue collected under this section must be deposited into the multimodal transportation account.

Sec. 5   RCW 46.16.745 and 2003 c 196 s 301 are each amended to read as follows:
     (1) A sponsoring organization meeting the requirements of RCW 46.16.735, applying for the creation of a special license plate to the special license plate review board must, on an application supplied by the department, provide the minimum application requirements in subsection (2) of this section. If the sponsoring organization cannot meet the payment requirements of subsection (2) of this section, then the organization must meet the requirements of subsection (3) of this section.
     (2) The sponsoring organization shall:
     (a) Submit prepayment of all start-up costs associated with the creation and implementation of the special license plate or collection of special license plates in an amount determined by the department. The department shall place this money into the special license plate applicant trust account created under RCW 46.16.755(((3))) (4);
     (b) Provide a proposed license plate design;
     (c) Provide a marketing strategy outlining short and long-term marketing plans for ((the)) each special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate or collection of special license plates;
     (d) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate; and
     (e) Provide proof of organizational qualifications as determined by the department as provided for in RCW 46.16.735.
     (3) If the sponsoring organization is not able to meet the payment requirements of subsection (2)(a) of this section and can demonstrate this fact to the satisfaction of the department, the sponsoring organization shall:
     (a) Submit an application and nonrefundable fee of two thousand dollars per plate, for deposit in the motor vehicle account, to the department;
     (b) Provide signature sheets that include signatures from individuals who intend to purchase the special license plate and the number of plates each individual intends to purchase. The sheets must reflect a minimum of two thousand intended purchases of the special license plate, or in the case of a collection of special license plates the sheets must contain signatures representing the number of plates in the collection multiplied by two thousand;
     (c) Provide a proposed license plate design;
     (d) Provide a marketing strategy outlining short and long-term marketing plans for ((the)) each special license plate and a financial analysis outlining the anticipated revenue and the planned expenditures of the revenues derived from the sale of the special license plate;
     (e) Provide a signature of a legislative sponsor and proposed legislation creating the special license plate or collection of special license plates; and
     (f) Provide proof of organizational qualifications as determined by the department as provided in RCW 46.16.735.
     (4) After an application is approved by the special license plate review board, the application need not be reviewed again by the board for a period of three years.

Sec. 6   RCW 46.16.755 and 2004 c 222 s 4 are each amended to read as follows:
     (1)(a) Revenues generated from the sale of special license plates for those sponsoring organizations who used the application process in RCW 46.16.745(3) must be deposited into the motor vehicle account until the department determines that the state's implementation costs have been fully reimbursed. The department shall apply the application fee required under RCW 46.16.745(3)(a) towards those costs.
     (b) When it is determined that the state has been fully reimbursed the department must notify the house of representatives and senate transportation committees, the sponsoring organization, and the treasurer, and commence the distribution of the revenue as otherwise provided by law.
     (2) If reimbursement does not occur within two years from the date the plate is first offered for sale to the public, the special license plate series must be placed in probationary status for a period of one year from that date. If the state is still not fully reimbursed for its implementation costs after the one-year probation, the plate series must be discontinued immediately. Special plates issued before discontinuation are valid until replaced under RCW 46.16.233.
     (3) For purposes of meeting the reimbursement requirements provided in this section, an organization sponsoring a collection of special license plates may provide for reimbursement in the following manner:
     (a) The sponsoring organization may dedicate the revenue from each plate in the collection to meet the reimbursement requirement for implementation of that individual plate design. If one or more plate designs within the collection cannot meet the reimbursement requirement, the plate failing to meet the requirement must be placed on probationary status and discontinued as provided in subsections (1) and (2) of this section; or
     (b) The sponsoring organization may dedicate the revenues from all plates to meet a common reimbursement requirement for the whole collection. If the total revenue from the sale of all the plates within the collection are sufficient to meet the entire collection's reimbursement requirements, the complete collection may continue to be made available. If the total revenue from the sale of all the plates within the collection is not sufficient to meet the entire collection's reimbursement requirements, the complete collection must be placed in probationary status and discontinued as provided in subsections (1) and (2) of this section.
     (4) The special license plate applicant trust account is created in the custody of the state treasurer. All receipts from special license plate applicants, except the application fee as provided in RCW 46.16.745(3), must be deposited into the account. Only the director of the department or the director's designee may authorize disbursements from the account. The account is not subject to the allotment procedures under chapter 43.88 RCW, nor is an appropriation required for disbursements.
     (((4))) (5) The department shall provide the special license plate applicant with a written receipt for the payment.
     (((5))) (6) The department shall maintain a record of each special license plate applicant trust account deposit, including, but not limited to, the name and address of each special license plate applicant whose funds are being deposited, the amount paid, and the date of the deposit.
     (((6))) (7) After the department receives written notice that the special license plate applicant's application has been:
     (a) Approved by the legislature the director shall request that the money be transferred to the motor vehicle account;
     (b) Denied by the special license plate review board or the legislature the director shall provide a refund to the applicant within thirty days; or
     (c) Withdrawn by the special license plate applicant the director shall provide a refund to the applicant within thirty days.