PERMANENT RULES
Effective Date of Rule: Thirty-one days after filing.
Purpose: Rule making is required to comply with E2SHB 2617 of the 61st legislature 2010 special session which eliminated the special license plate review board.
Citation of Existing Rules Affected by this Order: Amending WAC 308-96A-550 Vehicle special collegiate plates and 308-96A-560 Special license plates -- Criteria for creation or continued issuance.
Statutory Authority for Adoption: RCW 46.01.110.
Adopted under notice filed as WSR 10-20-140 on October 5, 2010.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 20, 2010.
Walt Fahrer
Rules Coordinator
OTS-3695.2
AMENDATORY SECTION(Amending WSR 04-08-079, filed 4/6/04,
effective 5/7/04)
WAC 308-96A-550
Vehicle special collegiate license
plates.
(1) What are the criteria for establishing collegiate
license plates? Application for license plate series from an
institution of higher education under RCW 46.16.324 may be
submitted to the ((special license plate review board))
department through the process established in RCW 46.16.735
and 46.16.745. In addition the following criteria must be
satisfied:
(a) The plates will consist of numbers, letters, colors
and a symbol or artwork approved by the department ((and/or
the special license plate review board)).
(b) The numbers and letters combination may not exceed seven positions.
(c) The plate series will not conflict with existing license plates.
(d) The plate design must provide at least four positions to accommodate serial numbering.
(e) The plate must not carry connotations which are
offensive to good taste or decency, which may be
misleading((,)) or 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.
(f) The plate must be designed so that it is legible and clearly identifiable 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 including special, personalized or exempt license plate(s). A collegiate license plate design may be issued in combination with a personalized plate as described in RCW 46.16.601.
(2) How is the design for a collegiate plate determined?
The institution of higher education must provide a design,
including color and dimension specifications of the logo
requested on the special collegiate license plate series, with
their application. Design services may be purchased through
the department. The design must be legible and clearly
identifiable as a Washington state plate to be approved by the
department, Washington state patrol, ((the special license
plate review board)) and((/or)) the legislature.
(3) Who may apply for the special collegiate license plate? Upon receipt of all applicable fees, the special collegiate license plate will be issued to a registered owner of the vehicle.
(4) When ownership of a vehicle issued collegiate license plates is sold, traded, or otherwise transferred, what happens to the plates? 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).
(5) Will any new fees be charged when the collegiate license plates are sold, traded, or otherwise transferred? If the registration expiration date for the new vehicle exceeds the old vehicle registration expiration date, an abated fee for the collegiate plate will 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 will not be made for the remaining registration period.
(6) Will I be able to retain my current collegiate license plate number/letter combination if my plate is lost, defaced, or destroyed? Yes. Upon the loss, defacement, or destruction of one or both collegiate license plates, the owner will make application for new collegiate plates or other license plates and pay the fees described in RCW 46.16.270 and 46.16.233 as applicable. See note following subsection (9) of this section.
(7) Will I ever have to replace my collegiate license plate? Yes, the collegiate license plates are subject to the seven-year vehicle license plate replacement schedule.
(8) How does the department define "current license plate registration"? For the purposes of this section, a current license plate registration is defined as: A registration that has not expired or a registration where it is less than one year past the expiration date.
(9) When I am required to replace my collegiate license
plate, will I receive the same license plate number/letter
combination? Yes. In addition to the license plate
replacement fee, you may pay an additional plate retention fee
to retain the same number/letter combination as shown on the
current vehicle computer record as long as the plate meets a
current approved license plate configuration and background.
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[Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. 04-08-079, § 308-96A-550, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.12.070. 03-05-082, § 308-96A-550, filed 2/19/03, effective 3/22/03. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-550, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-550, filed 12/22/97, effective 1/22/98. 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.]
OTS-3696.3
AMENDATORY SECTION(Amending WSR 08-22-067, filed 11/4/08,
effective 12/5/08)
WAC 308-96A-560
Special license plates -- Criteria for
creation or continued issuance.
(1) What is a special license
plate series? For the purpose of this rule a special license
plate series is one license plate design with a range of
numbers and letter combinations to be determined by the
department.
(2) What is required for an organization to apply to
create a new plate through the ((special license plate review
board)) department? The organization must submit a completed
application packet, signature sheet and supporting
documentation as required by law. Signature sheets must
reflect that they are collected within three years of
submission.
If an organization started collecting signature sheets
before the moratorium was put into place that ends on July 1,
2009, they are exempt from the three-year time frame.
However, organizations collecting signatures during the
moratorium must submit their completed application packet and
signature sheets ((at the next board meeting)) to the
department within ninety days after the moratorium is lifted. If an organization does not submit the signature sheets ((at
the board meeting following)) to the department within ninety
days after the moratorium, the signature sheets are no longer
valid.
(3) What criteria are used to discontinue issuing special license plates? A special license plate series may be canceled if:
(a) The department determines that fewer than five hundred special license plates are purchased annually and fewer than one thousand five hundred special license plates are purchased in any continuous three-year period. (Except those license plates issued under RCW 46.16.301, 46.16.305, and 46.16.324); or
(b) If the sponsoring organization does not submit an annual financial statement required by RCW 46.16.765 and certified by an accountant; or
(c) The legislature concurs with a recommendation from
the ((special license plate review board)) department to
discontinue a plate series created after January 1, 2003; or
(d) The state legislature changes the law allowing that plate series.
(4) What information must be contained in the annual financial report? The annual financial report must include all expenditures related to programs, fund-raising, marketing, and administrative expenses related to their special license plate(s). The report must include:
(a) The stated purpose of the organization receiving the special plate revenue;
(b) A message from the chair or director of the organization;
(c) Program highlights with a detailed list of how the funds were expended for those programs;
(d) List of special events the organization held to market their special plate for the current reporting year;
(e) A summary of financial information:
(i) Previous revenue received during current reporting year;
(ii) Total revenue received during current reporting year;
(iii) Summary of administrative expenses.
If an organization is disbursing funds through a grant program or to another nonprofit organization supporting Washington citizens, a list including the program and the organizations must be submitted which includes their name and amount received.
(5) What steps are taken by the department if the annual financial report is not submitted as required or the special plate revenue is expended for purposes other than allowed by law? The department will follow the guidelines as established in the organization's contractual agreement with the department:
(a) Send a written notice of the violations to the organization;
(b) The organization is given thirty days to correct the violation;
(c) If the violation is not corrected, the department may immediately terminate the contract.
(6) Can an organization have more than one special plate series? No. Organizations cannot have more than one special license plate series except those issued before January 1, 2006. Those organizations that already have multiple special plate series may not have more.
An updated design of the current special license plates does not constitute more than one special plate series. The newest design supersedes the prior design. The assigned number and letter combination cannot be changed when a new plate design is created.
[Statutory Authority: RCW 46.01.110. 08-22-067, § 308-96A-560, filed 11/4/08, effective 12/5/08; 07-20-110, § 308-96A-560, filed 10/3/07, effective 11/3/07. Statutory Authority: RCW 46.01.110, 46.16.135, 46.16.225, 46.16.490, 46.16.276. 04-08-079, § 308-96A-560, filed 4/6/04, effective 5/7/04. Statutory Authority: RCW 46.01.110, 46.16.335, 46.16.276. 01-10-069, § 308-96A-560, filed 4/30/01, effective 5/31/01. Statutory Authority: RCW 46.01.110 and 1997 c 291. 98-01-151, § 308-96A-560, filed 12/22/97, effective 1/22/98. 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.]