BILL REQ. #:  S-0444.1 

Read first time 01/13/11.   Referred to Committee on Transportation.

     AN ACT Relating to eliminating the periodic replacement requirement for license plates; amending RCW 46.16A.200, 46.17.200, and 46.68.380; and reenacting and amending RCW 46.18.130 and 46.18.140.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.16A.200 and 2010 c 161 s 422 are each amended to read as follows:
     (1) Design. All license plates may be obtained by the director from the metal working plant of a state correctional facility or from any source in accordance with existing state of Washington purchasing procedures. License plates:
     (a) May vary in background, color, and design;
     (b) Must be legible and clearly identifiable as a Washington state license plate;
     (c) Must designate the name of the state of Washington without abbreviation;
     (d) Must be treated with fully reflectorized materials designed to increase visibility and legibility at night;
     (e) Must be of a size and color and show the registration period as determined by the director; and
     (f) May display a symbol or artwork approved by the special license plate review board and the legislature.
     (2) Exceptions to reflectorized materials. License plates issued before January 1, 1968, are not required to be treated with reflectorized materials.
     (3) Dealer license plates. License plates issued to a dealer must contain an indication that the license plates have been issued to a vehicle dealer.
     (4)(a) Furnished. The director shall furnish to all persons making satisfactory application for a vehicle registration:
     (i) Two identical license plates each containing the license plate number; or
     (ii) One license plate if the vehicle is a trailer, semitrailer, camper, moped, collector vehicle, horseless carriage, or motorcycle.
     (b) The director may adopt types of license plates to be used as long as the license plates are legible.
     (5)(a) Display. License plates must be:
     (i) Attached conspicuously at the front and rear of each vehicle if two license plates have been issued;
     (ii) Attached to the rear of the vehicle if one license plate has been issued;
     (iii) Kept clean and be able to be plainly seen and read at all times; and
     (iv) Attached in a horizontal position at a distance of not more than four feet from the ground.
     (b) The Washington state patrol may grant exceptions to this subsection if the body construction of the vehicle makes compliance with this section impossible.
     (6) Change of license classification. A person who has altered a vehicle that makes the current license plate or plates invalid for the vehicle's use shall:
     (a) Surrender the current license plate or plates to the department, county auditor or other agent, or subagent appointed by the director;
     (b) Apply for a new license plate or plates; and
     (c) Pay a change of classification fee required under RCW 46.17.310.
     (7) Unlawful acts. It is unlawful to:
     (a) Display a license plate or plates on the front or rear of any vehicle that were not issued by the director for the vehicle;
     (b) Display a license plate or plates on any vehicle that have been changed, altered, or disfigured, or have become illegible;
     (c) Use holders, frames, or other materials that change, alter, or make a license plate or plates illegible. License plate frames may be used on license plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the license plates can be plainly seen and read at all times;
     (d) Operate a vehicle unless a valid license plate or plates are attached as required under this section;
     (e) Transfer a license plate or plates issued under this chapter between two or more vehicles without first making application to transfer the license plates. A violation of this subsection (7)(e) is a traffic infraction subject to a fine not to exceed five hundred dollars. Any law enforcement agency that determines that a license plate or plates have been transferred between two or more vehicles shall confiscate the license plate or plates and return them to the department for nullification along with full details of the reasons for confiscation. Each vehicle identified in the transfer will be issued a new license plate or plates upon application by the owner or owners and the payment of full fees and taxes; or
     (f) Fail, neglect, or refuse to endorse the registration certificate and deliver the license plate or plates to the purchaser or transferee of the vehicle, except as authorized under this section.
     (8) Transfer. (a) Standard issue license plates follow the vehicle when ownership of the vehicle changes unless the registered owner wishes to retain the license plates and transfer them to a replacement vehicle of the same use. A registered owner wishing to keep standard issue license plates shall pay the license plate transfer fee required under RCW 46.17.200(1)(((c))) (b) when applying for license plate transfer.
     (b) Special license plates may be treated in the same manner as described in (a) of this subsection unless otherwise limited by law.
     (c) License plates issued to the state or any county, city, town, school district, or other political subdivision entitled to exemption as provided by law may be treated in the same manner as described in (a) of this subsection.
     (9) Replacement. (a) An owner or the owner's authorized representative shall apply for a replacement license plate or plates if the current license plate or plates assigned to the vehicle have been lost, defaced, or destroyed, or if one or both plates have become so illegible or are in such a condition as to be difficult to distinguish. An owner or the owner's authorized representative may apply for a replacement license plate or plates at any time the owner chooses.
     (b) The application for a replacement license plate or plates must:
     (i) Be on a form furnished or approved by the director; and
     (ii) Be accompanied by the fee required under RCW 46.17.200(1)(a).
     (c) The department shall not require the payment of any fee to replace a license plate or plates for vehicles owned, rented, or leased by foreign countries or international bodies to which the United States government is a signatory by treaty.
     (10)(((a) Periodic replacement. License plates must be replaced periodically to ensure maximum legibility and reflectivity.
     The department shall:
     (i) Use empirical studies documenting the longevity of the reflective materials used to make license plates;
     (ii) Determine how frequently license plates must be replaced; and
     (iii) Offer to owners the option of retaining the current license plate number when obtaining replacement license plates for the fee required in RCW 46.17.200(1)(b).
     (b) Commercial motor vehicles with a gross weight in excess of twenty-six thousand pounds are exempt from periodic license plate replacement.
     (11) Periodic replacement -- Exceptions. The following license plates are not required to be periodically replaced as required in subsection (10) of this section:
     (a) Horseless carriage license plates issued under RCW 46.18.255 before January 1, 1987;
     (b) Congressional Medal of Honor license plates issued under RCW 46.18.230;
     (c) License plates for commercial motor vehicles with a gross weight greater than twenty-six thousand pounds.
     (12))) Rules. The department may adopt rules to implement this section.
     (((13))) (11) Tabs or emblems. The director may issue tabs or emblems to be attached to license plates or elsewhere on the vehicle to signify initial registration and renewals. Renewals become effective when tabs or emblems have been issued and properly displayed on license plates.

Sec. 2   RCW 46.17.200 and 2010 c 161 s 518 are each amended to read as follows:
     (1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
     (a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:

Sec. 3   RCW 46.18.130 and 2010 1st sp.s. c 7 s 96 and 2010 c 161 s 607 are each reenacted and amended to read as follows:
     (1) Revenues generated from the sale of special license plates for those sponsoring organizations who used the application process in RCW 46.68.110 must be deposited into the motor vehicle fund created in RCW 46.68.070 until the department determines that the state's implementation costs have been fully reimbursed.
     (2) 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 state treasurer, and begin distributing the revenue as otherwise provided by law.
     (3) If reimbursement does not occur within two years from the date the special license 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 special license plate series must be discontinued immediately. ((Special license plates issued before discontinuation are valid until replaced under RCW 46.16A.200(10).))
     (4) The special license plate applicant trust account is created in the custody of the state treasurer. All receipts from special license plate applicants 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.
     (5) The department shall:
     (a) Provide the special license plate applicant with a written receipt for the payment; and
     (b) 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) After the department receives written notice that the special license plate applicant's application has been approved by the legislature, the director shall request that the money be transferred to the motor vehicle fund created in RCW 46.68.070.
     (7) After the department receives written notice that the special license plate applicant's application has been denied by the department or the legislature, the director shall provide a refund to the applicant within thirty days.
     (8) After the department receives written notice that the special license plate applicant's application has been withdrawn by the special license plate applicant, the director shall provide a refund to the applicant within thirty days.

Sec. 4   RCW 46.18.140 and 2010 1st sp.s. c 7 s 97 and 2010 c 161 s 609 are each reenacted and amended to read as follows:
     (1) A special license plate series created by the legislature after January 1, 2011, that has not been reviewed and approved by the department is subject to the following requirements:
     (a) The organization sponsoring the license plate series shall, within thirty days of enactment of the legislation creating the special license plate series, 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 prepayment will be credited to the motor vehicle fund created in RCW 46.68.070. The creation and implementation of the special license plate series may not begin until payment is received by the department.
     (b) If the sponsoring organization is not able to meet the prepayment requirements in (a) of this subsection and can demonstrate this fact to the satisfaction of the department, the revenues generated from the sale of the special license plates must be deposited in the motor vehicle fund created in RCW 46.68.070 until the department determines that the state's portion of the implementation costs have been fully reimbursed. When it has determined that the state has been fully reimbursed, the department must notify the treasurer to commence distribution of the revenue according to statutory provisions.
     (c) The sponsoring organization must provide a proposed special license plate design to the department within thirty days of enactment of the legislation creating the special license plate series.
     (2) The state must be reimbursed for its portion of the implementation costs within two years from the date the new special license plate series goes on sale to the public. If the reimbursement does not occur within the two-year time frame, 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 special license plate series must be discontinued immediately. ((Those special license plates issued before discontinuation are valid until replaced under RCW 46.16A.200(10).))
     (3) If the sponsoring organization ceases to exist or the purpose of the special license plate series ceases to exist, revenues generated from the sale of the special license plates must be deposited into the motor vehicle fund created in RCW 46.68.070.
     (4) A sponsoring organization may not seek to redesign its special license plate series until the entire existing inventory is sold or purchased by the organization itself. All costs for the redesign of a special license plate series must be paid by the sponsoring organization.

Sec. 5   RCW 46.68.380 and 2010 c 161 s 808 are each amended to read as follows:
     (1) The special license plate applicant trust account is created in the custody of the state treasurer. All receipts from special license plate applicants must be deposited into the account. Only the director 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, and an appropriation is not required for disbursements.
     (2)(a) Revenues generated from the sale of special license plates for those sponsoring organizations that used the application process in RCW 46.18.110 must be deposited into the motor vehicle fund until the department determines that the state's implementation costs have been fully reimbursed.
     (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 state treasurer, and commence the distribution of the revenue as otherwise provided by law.
     (3) 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 license plates issued before discontinuation are valid until replaced under RCW 46.16A.200(10).))