SB 5423 -
By Senator Haugen
ADOPTED 03/12/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 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 as currently law;
(b) RCW 46.16.301(1) (a), (b), or (c), as it existed before amendment
by section 5, chapter 291, Laws of 1997; (c) RCW 46.16.305, except
those plates issued under RCW 46.16.305 (1) and (2); (d) RCW 46.16.324;
(e) RCW 46.16.385; or (f) 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, 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 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 to purchase and renew a 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 46.16.605 and 46.16.606, except ten dollars of
the original or renewal fee must be deposited into the pedestrian and
bicycle grant program account created under section 9 of this act. The
transfer of personalized special plates is to be administered under RCW
46.16.316.
Sec. 2 RCW 46.16.316 and 2004 c 223 s 4, 2004 c 221 s 5, 2004 c
48 s 5, and 2004 c 35 s 5 are each reenacted and 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: (a) Under RCW 46.16.30901, 46.16.30903, 46.16.30905, or
46.16.301 as it existed before amendment by section 5, chapter 291,
Laws of 1997, or under RCW 46.16.305(2) or 46.16.324; ((or)) (b)
approved by the special license plate review board under RCW 46.16.715
through 46.16.775; or (c) under section 1 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 ten 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. 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; ((or)) (g) RCW 46.16.301(1) (a), (b), or (c), as it existed
before amendment by section 5, chapter 291, Laws of 1997; (h) RCW
46.16.565; or (i) plates issued under section 1 of this act. 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 46.16.570 and 1986 c 108 s 1 are each amended to read
as follows:
Except for personalized plates issued under section 1 of this act,
the personalized license plates shall be the same design as regular
license plates, and shall consist of numbers or letters, or any
combination thereof not exceeding seven positions unless proposed by
the department and approved by the Washington state patrol and not less
than one position, to the extent that there are no conflicts with
existing passenger, commercial, trailer, motorcycle, or special license
plates series or with the provisions of RCW 46.16.230 or 46.16.235:
PROVIDED, That the maximum number of positions on personalized license
plates for motorcycles shall be designated by the department.
Sec. 5 RCW 46.16.600 and 1979 c 158 s 143 are each amended to
read as follows:
(1) The director of licensing may establish such rules and
regulations as may be necessary to carry out the purposes of RCW
46.16.560 through 46.16.595.
(2) Upon direction by the board, the department shall adopt a rule
limiting the ability of organizations and governmental entities to
apply for more than one license plate series.
Sec. 6 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)) two hundred
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)) one hundred dollars per rendition. All revenue
collected under this section must be deposited into the multimodal
transportation account.
Sec. 7 RCW 46.16.725 and 2003 c 196 s 103 are each amended to
read as follows:
(1) The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.
(2) The board must review and either approve or reject special
license plate applications submitted by sponsoring organizations.
(3) Duties of the board include but are not limited to the
following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the legislative
transportation committee;
(b) Report annually to the legislative transportation committee on
the special license plate applications that were considered by the
board;
(c) Issue approval and rejection notification letters to sponsoring
organizations, the department, the chairs of the senate and house of
representatives transportation committees, and the legislative sponsors
identified in each application. The letters must be issued within
seven days of making a determination on the status of an application;
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The board may
submit a recommendation to discontinue a special plate series to the
chairs of the senate and house of representatives transportation
committees;
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates that an organization or a governmental entity
may apply for.
(4) In order to assess the effects and impact of the proliferation
of special license plates, the legislature declares a temporary
moratorium on the issuance of any additional plates until June 1, 2007.
During this period of time, the special license plate review board
created in RCW 46.16.705 and the department of licensing are prohibited
from accepting, reviewing, processing, or approving any applications.
Additionally, no special license plate may be enacted by the
legislature during the moratorium, unless the proposed license plate
has been approved by the board before February 15, 2005.
Sec. 8 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 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;
(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;
(f) 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 three thousand five hundred intended purchases of
the special license plate.
(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:)) 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.
(a) Submit an application and nonrefundable fee of two thousand
dollars, 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;
(c) Provide a proposed license plate design;
(d) Provide a marketing strategy outlining short and long-term
marketing plans for the 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; and
(f) Provide proof of organizational qualifications as determined by
the department as provided in RCW 46.16.735.
(4)
NEW SECTION. Sec. 9 A new section is added to chapter 47.30 RCW
to read as follows:
(1) The pedestrian and bicycle grant program account is created in
the custody of the state treasurer. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
(2) Funds in the account must be disbursed subject to the following
conditions and limitations:
(a) The department of transportation shall oversee the program and
grants.
(b) The department of transportation shall adopt rules regarding
the distribution of funds within this account. However, such rules
must include the following requirements:
(i) Only a governmental subdivision may apply for and receive
funds;
(ii) The entity applying for funds must supply matching funds;
(iii) Grants are limited to expansion of projects in order to take
advantage of the cost saving provided by adding onto a construction
project; and
(iv) Grants are limited to the creation and/or expansion of bicycle
and pedestrian pathways and projects.
NEW SECTION. Sec. 10 Section 1 of this act takes effect March 1,
2007."
SB 5423 -
By Senator Haugen
ADOPTED 03/12/2005
In line 1 of the title, after "plates;" strike the remainder of the title and insert "amending RCW 46.16.385, 46.16.570, 46.16.600, 46.16.690, 46.16.725, and 46.16.745; reenacting and amending RCW 46.16.316; adding a new section to chapter 46.16 RCW; adding a new section to chapter 47.30 RCW; and providing an effective date."
EFFECT: Technical corrections. Clarifies that rules regarding the number of special license plates apply to governmental entities as well as organizations.