AN
ACT Relating to license plates; amending RCW 46.16.270, 46.16.290, 46.16.301,
46.16.305, 46.16.309, 46.16.313, 46.16.316, 46.16.350, and 46.16.650; adding
new sections to chapter 46.16 RCW; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the proliferation of special license plate series has
decreased the ready identification of vehicles by law enforcement, and
increased the amount of computer programming conducted by the department of
licensing, thereby increasing costs. Furthermore, rarely has the actual demand
for special license plates met the requesters' projections. Most importantly,
special plates detract from the primary purpose of license plates, that of
vehicle identification.
NEW
SECTION. Sec. 2. A
new section is added to chapter 46.16 RCW to read as follows:
Except
for those license plates issued under RCW 46.16.305(1) before January 1, 1987,
under RCW 46.16.305(3), and to commercial vehicles with a gross weight in excess
of twenty-six thousand pounds, effective with vehicle registrations due or to
become due on January 1, 2001, all vehicle license plates must be issued on a
standard background, as designated by the department. Additionally, to ensure
maximum legibility and reflectivity, the department shall periodically provide
for the replacement of license plates. Frequency of replacement shall be
established in accordance with empirical studies documenting the longevity of
the reflective materials used to make license plates.
Sec.
3. RCW
46.16.270 and 1990 c 250 s 32 are each amended to read as follows:
((Replacement
plates issued after January 1, 1987, will be centennial plates as described in
RCW 46.16.650.)) The total replacement plate fee ((including the one
dollar per plate centennial plate fee)) shall be deposited in the motor
vehicle fund.
Upon
the loss, defacement, or destruction of one or both of the vehicle license
number plates issued for any vehicle where more than one plate was originally
issued or where one or both have become so illegible or in such a condition as
to be difficult to distinguish, or upon the owner's option, the owner of the
vehicle shall make application for new vehicle license number plates upon a
form furnished by the director. The application shall be filed with the
director or the director's authorized agent, accompanied by the certificate of
license registration of the vehicle and a fee in the amount of three dollars
per plate, whereupon the director, or the director's authorized agent, shall
issue new vehicle license number plates to the applicant. It shall be
accompanied by a fee of two dollars for a new motorcycle license number plate.
In the event the director has issued license period tabs or a windshield emblem
instead of vehicle license number plates, and upon the loss, defacement, or
destruction of the tabs or windshield emblem, application shall be made on a
form provided by the director and in the same manner as above described, and
shall be accompanied by a fee of one dollar for each pair of tabs or for each
windshield emblem, whereupon the director shall issue to the applicant a
duplicate pair of tabs, year tabs, and when necessary month tabs or a
windshield emblem to replace those lost, defaced, or destroyed. For vehicles
owned, rented, or leased by the state of Washington or by any county, city,
town, school district, or other political subdivision of the state of
Washington or United States government, or owned or leased by the governing
body of an Indian tribe as defined in RCW 46.16.020, a fee shall be charged for
replacement of a vehicle license number plate only to the extent required by
the provisions of RCW 46.16.020, 46.16.061, 46.16.237, and 46.01.140. For
vehicles owned, rented, or leased by foreign countries or international bodies
to which the United States government is a signatory by treaty, the payment of
any fee for the replacement of a vehicle license number plate shall not be
required.
Sec.
4. RCW
46.16.290 and 1986 c 18 s 18 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 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 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, ((or))
prisoner of war plates, or other special license plates issued under RCW
46.16.301 as it existed before amendment by section 5 of this act, the
vehicle license plates therefor shall be retained and may be displayed upon a
vehicle obtained in replacement of the vehicle so sold or transferred.
Sec.
5. RCW
46.16.301 and 1995 3rd sp.s. c 1 s 102 are each amended to read as follows:
(((1)
The department may create, design, and issue special license plates 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. The special plates may:
(a)
Denote the age or type of vehicle; or
(b)
Denote special activities or interests; or
(c)
Denote the status, or contribution or sacrifice for the United States, the
state of Washington, or the citizens of the state of Washington, of a
registered owner of that vehicle; or
(d)
Display a depiction of the name and mascot or symbol of a state university,
regional university, or state college as defined in RCW 28B.10.016.
(2))) The
department shall create, design, and issue a special baseball stadium license
plate 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. The special plates shall commemorate the
construction of a baseball stadium, as defined in RCW 82.14.0485. The
department shall also issue to each recipient of a special baseball stadium
license plate a certificate of participation in the construction of the
baseball stadium.
(((3)
The department has the sole discretion to determine whether or not to create,
design, or issue any series of special license plates, other than the special
baseball stadium license plate under subsection (2) of this section, and
whether any interest or status merits the issuance of a series of special
license plates. In making this determination, the department shall consider
whether or not an interest or status contributes or has contributed
significantly to the public health, safety, or welfare of the citizens of the
United States or of this state or to their significant benefit, or whether the
interest or status is recognized by the United States, this state, or other
states, in other settings or contexts. The department may also consider the
potential number of persons who may be eligible for the plates and the cost and
efficiency of producing limited numbers of the plates. The design of a special
license plate shall conform to all requirements for plates for the type of
vehicle for which it is issued, as provided elsewhere in this chapter.))
Sec.
6. RCW
46.16.305 and 1990 c 250 s 2 are each amended to read as follows:
The
department shall continue to issue((, under RCW 46.16.301 and the
department's rules implementing RCW 46.16.301 through 46.16.332,)) the
categories of special plates issued by the department under the sections
repealed under section ((13)) 12 (1) through (7), chapter 250,
Laws of 1990. Special license plates issued under those repealed sections
before January 1, 1991, are valid to the extent and under the conditions
provided in those repealed sections. The following conditions, limitations, or
requirements apply to certain special license plates issued after January 1,
1991:
(1)
A horseless carriage plate and a plate or plates issued for collectors'
vehicles more than thirty years old, upon payment of the initial fees required
by law and the additional special license plate fee established by the
department, are valid for the life of the vehicle for which application is
approved by the department. When a single plate is issued, it shall be
displayed on the rear of the vehicle.
(2)
The department may issue special license plates denoting amateur radio operator
status only to persons having a valid official radio operator license issued ((for
a term of five years)) by the federal communications commission.
(3)
The department shall issue one set of special license plates to each resident
of this state who has been awarded the Congressional Medal of Honor for use on
a passenger vehicle registered to that person. The department shall issue the
plate without the payment of ((any)) licensing fees and motor
vehicle excise tax.
(4)
The department may issue for use on only one motor vehicle owned by the
qualified applicant special license plates denoting that the recipient of the
plate is a survivor of the attack on Pearl Harbor on December 7, 1941, to
persons meeting all of the following criteria:
(a)
Is a resident of this state;
(b)
Was a member of the United States Armed Forces on December 7, 1941;
(c)
Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m.
Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not
to exceed three miles;
(d)
Received an honorable discharge from the United States Armed Forces; and
(e)
Is certified by a Washington state chapter of the Pearl Harbor survivors
association as satisfying the qualifications in (c) of this subsection.
The
department may issue such plates to the surviving spouse of any deceased Pearl
Harbor survivor who met the requirements of this subsection. If the surviving
spouse remarries, he or she shall return the special plates to the department
within fifteen days and apply for regular plates. The surviving spouse must be
a resident of this state.
The
department shall issue these plates upon payment by the applicant of all other
license fees, but the department may not set or charge an additional fee for
these special license plates ((under RCW 46.16.313)).
(5)
The department shall replace, free of charge, special license plates issued
under subsections (3) and (4) of this section if they are lost, stolen,
damaged, defaced, or destroyed. Such plates shall remain with the persons upon
transfer or other disposition of the vehicle for which they were initially
issued, and may be used on another vehicle registered to the recipient in
accordance with the provisions of RCW 46.16.316(1).
Sec.
7. RCW
46.16.309 and 1990 c 250 s 3 are each amended to read as follows:
Persons
applying to the department for special license plates shall apply on forms
obtained from the department and in accordance with RCW 46.16.040. The
applicant shall provide all information as is required by the department in
order to determine the applicant's eligibility for ((such)) the
special license plates ((and for administration of RCW 46.16.301 through
46.16.332)).
Sec.
8. RCW
46.16.313 and 1996 c 165 s 506 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 of this act, 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 ((and)), 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)
((Except as set forth under subsection (4) of this section,)) 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, 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)
In addition to all fees and taxes required to be paid upon application((,))
and registration((, and renewal registration)) of a motor
vehicle, the holder of a special baseball stadium license plate shall pay ((a))
an initial fee of ((thirty)) forty dollars. The
department shall deduct an amount not to exceed ((two)) 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.
(((4)
Until June 30, 1997)) (6) Effective with annual renewals due or to
become due on January 1, 1999, in addition to all fees and taxes required
to be paid upon ((application, registration, and)) renewal ((registration))
of a motor vehicle registration, the holder of a special baseball stadium
license plate shall pay a fee of ((forty)) thirty dollars. The
department shall deduct an amount not to exceed ((twelve)) two
dollars of each fee collected under this subsection for ((license plate))
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.
NEW
SECTION. Sec. 9. A
new section is added to chapter 46.16 RCW to read as follows:
After
a period of three years from the initial issuance of a special license plate
series, the department has the sole discretion, based upon the number of sales
to date, to determine whether or not to continue issuing the special series.
Sec.
10. RCW
46.16.316 and 1990 c 250 s 5 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 RCW
46.16.301 as it existed before amendment by section 5 of this act,
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.
Sec.
11. RCW
46.16.350 and 1990 c 250 s 11 are each amended to read as follows:
Any radio amateur operator who holds a special call letter license
plate as issued under RCW ((46.16.301 through 46.16.316)) 46.16.305,
and who has allowed his or her federal communications commission license to
expire, or has had it revoked, must notify the director in writing within
thirty days and surrender his or her call letter license plate. Failure to do
so is a traffic infraction.
Sec.
12. RCW
46.16.650 and 1987 c 178 s 1 are each amended to read as follows:
((In
order to help publicize and commemorate the state's 1989 anniversary
celebration of its admission to the Union, a new centennial design shall be
developed by the department for vehicle license plates that uses reflectorized
materials necessary to provide adequate visibility and legibility at night.
The
centennial plates shall be developed in cooperation with the design selection
committee appointed by the director. The committee shall include
representation from the Washington centennial commission.
Registration
numbers and letters for the centennial plate shall be assigned by the
department in accordance with established procedures. Distribution of the
centennial license plates shall commence January 1, 1987, to all new vehicle
registrations and license plate replacements. In addition, the centennial
plate shall be available for purchase by all other vehicle owners at the
owner's option.
Revenues generated from the centennial plate shall go in part to
support local and state centennial activities as provided in RCW 27.60.080.)) In
addition to the basic fees for new vehicle registrations provided in RCW
46.16.060, 46.16.065, 46.16.505, and 46.16.630 and the license fees for new
vehicle registrations provided in RCW 46.16.070 and 46.16.085, persons
purchasing ((centennial)) license plates shall pay an additional
fee of one dollar per plate, to be ((distributed as follows: From
January 1, 1987, through June 30, 1989, one-half of the fee shall be deposited
in the centennial commission account, and the remainder shall be deposited in
the motor vehicle fund. Commencing July 1, 1989, the total one dollar per
plate fee shall be)) deposited in the motor vehicle fund.
