WSR 97-21-055

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed October 14, 1997, 9:08 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-067.

Title of Rule: Chapter 308-96A WAC, Vehicle licenses.

Purpose: Implementation of SHB 1008, chapter 291, Laws of 1997, which changed fees for certain special license plates, deletes the centennial plate requirement and deletes the need for criteria for new special license plates.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: Chapter 46.16 RCW.

Summary: SHB 1008 changed the license plate fee for issuance and renewal of several of the special plates. It also deleted references to centennial plates and associated centennial plate fees. It further allowed for setting of criteria for continued issuance of certain special license plates.

Reasons Supporting Proposal: Implementation of SHB 1008, chapter 291, Laws of 1997.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, WA, (360) 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, WA, (360) 902-3754; and Enforcement: Evelyn Barker, 1125 Washington Street, S.E., Olympia, WA, (360) 902-3811.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The effects of SHB 1008 increased the fee for issuing the square dancer special license plate from thirty-five dollars to forty dollars. It also authorized establishing criteria for the continued issuance of certain special license plates. This criteria establishes a three-year period where certain special license plates must be sold at a rate of more than 500 sets of plates per year and more than 1500 sets of plates in any continuous three-year period. If this criteria is not met, the issuance of these certain plates can cease.

Proposal Changes the Following Existing Rules: Amends WAC 308-96A-072 Square dancer license plates, to increase the fee for the issuance of this special plate. Amends WAC 308-96A-550 Vehicle special collegiate license plate, by eliminating the language on the amount the department may deduct from the collegiate license plate fee. SHB 1008 is clearly written in stating the amounts that can be deducted by the department. Amends WAC 308-96A-560 Special vehicle license plates--Criteria, by deleting language that set forth the criteria for applying for a special license plate. The section title is changed to read Special vehicle license plates--Criteria for continued issuance. Language has been added to this section that established numeric criteria for continued issuance of certain special license plates.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on November 25, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by November 21, 1997, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by November 21, 1997.

Date of Intended Adoption: December 20, 1997.

October 13, 1997

Nancy Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 97-07-013, filed 3/11/97, effective 4/11/97)

WAC 308-96A-072 Square dancer license plates. (1) The registered owner or lessee of a vehicle may apply to the department and receive, in lieu of regular vehicle license plates, special square dancer license plates bearing a symbol of a dancer.

(2) Square dancer license plates may be issued ((as provided in RCW 46.16.301 (1)(b))) pursuant to RCW 46.16.233 for vehicles required to display two license plates. Vehicles licensed under the provisions of chapter 46.87 RCW are not eligible for square dancer license plates.

(3) A special license plate fee of thirty-five dollars, in addition to all other appropriate fees and taxes, is collected for each set of square dancer license plates issued through December 31, 1997. The special license plate fee is forty dollars effective with square dancer license plates issued January 1, 1998, and thereafter.

[Statutory Authority: RCW 46.01.110. 97-07-013, 308-96A-072, filed 3/11/97, effective 4/11/97; 93-14-083, 308-96A-072, filed 6/30/93, effective 7/31/93.]

AMENDATORY SECTION (Amending WSR 95-11-043, filed 5/10/95, effective 6/10/95)

WAC 308-96A-550 Vehicle special collegiate license plates. (1) The department shall approve an application for special collegiate license plate series pursuant to RCW 46.16.301 (1)(d), as it existed before amendment by section 5, chapter 291, Laws of 1997, from an institution of higher education after determining the following criteria is satisfied:

(a) The special collegiate license plate lettering and color scheme is compatible with the basic license plate design. The plates shall consist of numbers, letters, or figures or any combination thereof not exceeding seven positions that do not conflict with existing license plates. The plate design must provide at least four positions to accommodate serial numbering. A license plate shall not be approved that may carry connotations offensive to good taste or decency, which may be misleading, vulgar in nature, a racial, ethnic lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplication of other license plates provided in chapter 46.16 RCW.

(b) The special collegiate license plate is designed so that it can be readily recognized by law enforcement personnel as an official Washington state issued license plate. A collegiate license plate design may not be issued in combination with any other license plate configuration or in lieu of any other special, personalized or exempt license plate.

(c) The special collegiate license plate may be issued to all applicants regardless of the applicant's age, gender, religion, race, color, creed, marital status, national origin, disability, or affiliation with an institution of higher education.

(2) The institution shall provide a design including color and dimension specifications of the requested special collegiate license plate series requested with their application. The department shall approve or disapprove the design based on compatibility with the basic license plate's design. A collegiate license plate series shall not be approved that may carry connotations offensive to good taste or decency or which may be misleading.

(3) ((The department may deduct an amount from the collegiate license plate fee sufficient to offset the department's plate production costs. The department's production costs are the difference between the costs to purchase a standard set of passenger vehicle license plates and the costs to purchase a set of collegiate license plates. All such amounts deducted shall be deposited with the state treasurer and credited to the motor vehicle fund.

(4))) When ownership of a vehicle, issued collegiate license plates, is sold, traded, or otherwise transferred, the owner may relinquish the plates to the new vehicle owner or remove the plates from the vehicle for transfer to a replacement vehicle. If the plates are removed from the vehicle a transfer fee to another vehicle shall be charged as provided in RCW 46.16.316(1). If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate shall be charged at the rate of one-twelfth of the annual collegiate plate fee for each exceeding month and partial month. If the new registration expiration date is sooner than the old expiration date, a refund shall not be made for the unexpended registration period.

(((5))) (4) Upon the loss, defacement, or destruction of one or both collegiate license plates the owner shall make application for new collegiate or other license plate and pay the fees pursuant to RCW 46.16.270. New collegiate license plates shall be issued bearing the next available license plate number.

[Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, 308-96A-550, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 91-03-091, 308-96A-550, filed 1/18/91, effective 2/18/91.]

AMENDATORY SECTION (Amending WSR 95-11-043, filed 5/10/95, effective 6/10/95)

WAC 308-96A-560 Special vehicle license plates--Criteria for continued issuance. Except those license plates issued under RCW 46.16.301, 46.16.305 and 46.16.324 the department may ((approve applications for)) discontinue issuing special vehicle license plates ((pursuant to RCW 46.16.301 (1)(a), (b), or (c))) after determining that ((all of the following criteria is satisfied:

(a) It is reasonable to expect a minimum of one thousand)) less than five hundred special license plates in the approved configuration ((will be)) are purchased ((by vehicle owners satisfying the qualifications set forth in the approved application.

(b) The applicant organization is a local chapter or equivalent of a nationally recognized organization.

(c) The special license plate is designed so that it can be readily recognized by law enforcement personnel as an official Washington state issued license plate.

(d) Qualifications for the special license plate do not discriminate between age, sex, religion, gender, race, color, creed, marital status, disability, or national origin. Qualifications may not include being a member of the applicant organization. Purchasers of plates that identify members of professions that are related to public safety, health, and/or welfare may require proof of professional standing.

(e) The special license plate lettering and color scheme is compatible with the basic license plate design. The plates shall consist of numbers, letters, or figures or any combination thereof not exceeding seven positions that do not conflict with existing license plates. The plate design must provide at least four positions to accommodate serial numbering. The plate may not advertise a product or service. A license plate shall not be approved that may carry connotations offensive to good taste or decency which may be misleading, vulgar in nature, a racial, ethnic lifestyle or gender slur, related to illegal activities or substances, blasphemous, contrary to the department's mission to promote highway safety, or a duplicate of other license plates provided in chapter 46.16 RCW.

(f) The applicant organization is recognized as a nonprofit entity by Washington state law and the Internal Revenue Service.

(g) The special license plate has state-wide appeal and is not limited to a particular geographic area.

(h) The applicant organization will not use the special license plate to raise funds or as a qualification for gaining or retaining membership in an organization)) annually and no less than one thousand five hundred special license plates are purchased in any continuous three-year period.

[Statutory Authority: RCW 46.16.301, 46.16.324 and 46.01.110. 95-11-043, 308-96A-560, filed 5/10/95, effective 6/10/95. Statutory Authority: RCW 46.01.110. 93-14-083, 308-96A-560, filed 6/30/93, effective 7/31/93; 91-03-091, 308-96A-560, filed 1/18/91, effective 2/18/91.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-96A-415 Centennial plate issuance.