BILL REQ. #:  S-0760.1 

Read first time 01/22/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to special military veterans license plates; amending RCW 46.16.290 and 46.16.313; reenacting and amending RCW 46.16.305; adding new sections to chapter 46.04 RCW; 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 would like to recognize military veterans who have served their country and risked their own lives to defend both the lives of all Americans and the freedoms that define and distinguish our nation. It is the intent of the legislature to honor veterans who have served their country honorably in times of both war and peace, particularly those veterans who participated in the World War II D day invasion of Normandy, for the public service they have provided to their country.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.04 RCW to read as follows:
     "Military veterans license plates" means license plates that display a symbol honoring military veterans of the United States of America.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.04 RCW to read as follows:
     "D day survivor license plates" means license plates that display a symbol honoring United States of America servicemen who survived the World War II D day invasion of Normandy.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.16 RCW to read as follows:
     (1) In cooperation with the Washington state patrol and the department of licensing, the department of veterans affairs shall create and design, and the department of licensing shall issue, a special military veterans license plate displaying a symbol representing military veterans. The special military veterans license plate 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 of licensing.
     (2) The special military veterans license plate may be purchased only by:
     (a) Veterans who served on active duty for at least one hundred eighty days and were discharged under honorable conditions; and
     (b) Military personnel who have honorably served their country for at least one hundred eighty days while on active duty.
     (3) Veterans or active duty military personnel requesting a military veterans license plate must:
     (a) Pay the appropriate fee prescribed in RCW 46.16.313; and
     (b) Show proof of eligibility through:
     (i) Providing a DD-214 or discharge papers if a veteran;
     (ii) Providing a copy of orders if an individual serving on military active duty; or
     (iii) Attesting in a notarized affidavit of their eligibility as required under this section.

NEW SECTION.  Sec. 5   A new section is added to chapter 46.16 RCW to read as follows:
     In cooperation with the Washington state patrol and the department of licensing, the department of veterans affairs shall create and design, and the department of licensing shall issue, a special D day survivor license plate displaying a symbol representing those servicemen who participated in the World War II D day invasion of Normandy. The D day survivor license plate 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 of licensing.

Sec. 6   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 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, prisoner of war plates, military veterans plates, D day survivor plates, or other special license plates issued under RCW 46.16.301 as it existed before amendment by section 5, chapter 291, Laws of 1997, 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. 7   RCW 46.16.305 and 1997 c 291 s 6 and 1997 c 241 s 10 are each reenacted and amended to read as follows:
     The department shall continue to issue the categories of special plates issued by the department under the sections repealed under section 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 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 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.
     (5)(a) 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 World War II D day invasion of Normandy, to persons meeting all of the following criteria:
     (i) Is a resident of this state;
     (ii) Served on active duty in the United States military service in the Normandy campaign; and
     (iii) Is honorably separated or discharged from military service or is currently in active service in an honorable status.
     (b) Veterans or active duty military personnel requesting a D day survivor license plate must show proof of eligibility by:
     (i) Providing a DD-214 or certification of discharge papers;
     (ii) Providing a copy of orders, or any other official documentation awarding a campaign ribbon or award from the Normandy campaign; or
     (iii) Attesting in a notarized affidavit of their eligibility as required under this section.
     (c) The department shall issue the D day survivor license plate without the payment of licensing fees.
     (6) The department shall replace, free of charge, special license plates issued under subsections (3) ((and)), (4), and (5) 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. 8   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 military veterans 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 military veterans license plate account established under section 9 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 military veterans 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 funds to the military veterans license plate account established under section 9 of this act.

NEW SECTION.  Sec. 9   A new section is added to chapter 46.16 RCW to read as follows:
     The military veterans license plate account is created in the custody of the state treasurer. All receipts, except as provided in RCW 46.16.313 (6) and (7), from military veterans license plates must be deposited into the account. The director of the department of veterans affairs may authorize expenditures from the account. The funds in the account are to be used solely for the support and benefit of veterans.