BILL REQ. #:  Z-0624.2 

Read first time 02/10/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to branch of service license plates; amending RCW 46.16.290, 46.16.313, and 46.16.316; adding a new section 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 recognizes that veterans and active duty military service personnel have placed themselves in harms way so that we may live free. It is the intent of the legislature to honor veterans and active duty military service personnel who have served their country honorably in times of both war and peace 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:
     "Branch of service license plates" means license plates that separately display the symbol of the following branches of service: Army, Navy, Air Force, Marines, Washington National Guard, and Coast Guard.

NEW SECTION.  Sec. 3   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 veterans affairs, the department of licensing shall create and design, and the department issue, six branch of service special license plates, each displaying the symbol of the Army, Navy, Air Force, Marines, Washington National Guard, or Coast Guard that may be used in lieu of regular or personalized license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special plates will commemorate the brave men and women who protect the freedom of our nation on a daily basis.
     (2) The special branch of service license plate may be purchased 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; and
     (c) National Guard or Reserves or those honorably discharged from service.
     (3) Veterans or active duty military personnel requesting a branch of service 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;
     (iii) Providing a military ID card either active or retired; or
     (iv) Attesting in a certified affidavit of their eligibility as required under this section.
     (4) A surviving spouse of an individual who qualified under subsection (2) of this section may continue the privilege of displaying the branch of service license plate on a vehicle registered in the name of the spouse until the surviving spouse remarries, is no longer a registered owner of the vehicle displaying the plates, or fails to pay for the renewal of the branch of service license plates.

Sec. 4   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, Congressional 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 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. 5   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, 2004, in addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a branch of service 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. The remaining proceeds will be remitted to the custody of the state treasurer with a proper identifying report. 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 branch of service license plates. Upon the department's determination, the treasurer shall credit the proceeds to the branch of service license plate account established under section 7 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 branch of service 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. The remaining proceeds will be remitted to the custody of the state treasurer with a proper identifying report. 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 branch of service license plates. Upon the department's determination, the treasurer shall credit the proceeds to the branch of service license plate account established under section 7 of this act.

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 3 of this act or RCW 46.16.301 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.

NEW SECTION.  Sec. 7   A new section is added to chapter 46.16 RCW to read as follows:
     The branch of service license plate account is established in the custody of the state treasurer. All receipts, except as provided in RCW 46.16.313 (6) and (7), from the branch of service 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 to support veterans' services outreach to veterans and a future eastern Washington veterans' cemetery. The account is not subject to allotment procedures under chapter 43.88 RCW, and no appropriation is required for expenditures.