Preproposal statement of inquiry was filed as WSR 11-17-100.
Title of Rule and Other Identifying Information: TITLE 308 WAC, Department of licensing, to include but not limited to new WAC 308-96A-077 Volunteer firefighter special vehicle license plate series.
Hearing Location(s): Department of Licensing (DOL), Conference Room 309, 1125 Washington Street S.E., Olympia, WA 98507, on December 6, 2011, at 11:00 a.m.
Date of Intended Adoption: December 7, 2011.
Submit Written Comments to: Debra Then, P.O. Box 9037, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98501-9037, e-mail firstname.lastname@example.org, fax (360) 570-3706, by November 28, 2011.
Assistance for Persons with Disabilities: Contact Debra Then by November 28, 2011, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 1136 passed during the 2011 legislative session requiring DOL to issue volunteer firefighter license plates to eligible applicants.
Reasons Supporting Proposal: A new license plate series for volunteer firefighters needs to be developed to comply with SHB 1136 which requires the development of this rule.
Statutory Authority for Adoption: RCW 46.01.110.
Statute Being Implemented: Chapter 225, Laws of 2011.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: None.
Name of Agency Personnel Responsible for Drafting: Debra Then, 1125 Washington Street S.E., Olympia, WA, (360) 902-4094; Implementation: Joann Davis, 1125 Washington Street S.E., Olympia, WA, (360) 902-3710.
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 the industry.
A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.
November 2, 2011
Ben T. Shomshor
WAC 308-96A-077 Volunteer firefighter special vehicle license plate series. (1) Who may apply for the volunteer firefighters license plate(s)? Any person that:
• Meets the requirements and has proven eligibility as per RCW 46.18.210;
• Is not requesting issue for a vehicle registered under chapter 46.87 RCW;
• Has paid all applicable fees and taxes.
The volunteer firefighters special license plate(s) will be issued upon proof of eligibility and receipt of all applicable fees.
(2) What must be provided as proof that the applicant qualifies? The applicant must provide documentation of service from the fire district(s) where they serve or have served.
(3) When is proof required? Upon initial application.
(4) Can the volunteer firefighters special license plate(s) be retained if the applicant is no longer a volunteer firefighter? Yes, if the license plate owner has at least ten years of service, the license plate can be retained and renewed.
(5) If I have less than ten years of service, can I retain the plates if I am no longer a volunteer firefighter? No, They must be surrendered at the next registration renewal date.
(6) Is there a limit to the number of sets of license plates that a volunteer firefighter can have? Yes, there is a maximum of two sets per applicant.
(7) Are there any other circumstances when the volunteer firefighter plates must be surrendered? Yes, if the volunteer firefighter is convicted of a violation of RCW 46.61.502 or a felony. It is the responsibility of the license plate owner to notify the department and surrender the plates. However, if the department is notified of the conviction, the department has authority to cancel the plates under RCW 46.12.160.
(8) When ownership of a vehicle issued volunteer firefighters license plate(s) is transferred, what happens to the plate(s)? The special license plate owner must remove the plate(s) from the vehicle. The plate owner may transfer the special plate(s) to a replacement vehicle by visiting a vehicle licensing office. License plate transfer and other applicable fees apply.
(9) What fees are charged when the volunteer firefighters license plate(s) are transferred to a replacement vehicle? If the registration expiration date for the replacement vehicle is later than the registration expiration date of the current vehicle, an abated fee for the volunteer firefighters license plate will be charged. It is charged at the rate of one-twelfth of the annual volunteer firefighters license plate(s) fee for each month and partial month. If the new registration expiration date is sooner than the previous registration expiration date, a refund will not be made for the remaining registration period.
(10) Will volunteer firefighters license plate(s) ever need replacing? Yes, the volunteer firefighters license plate(s) are subject to the mandatory vehicle license plate replacement schedule.
(11) When replacing volunteer firefighters license plate(s), is the same license plate number/letter combination issued? No, unless the owner chooses to pay an additional fee to keep the same number. If the vehicle owner requests and pays the fees described in RCW 46.16.233, the volunteer firefighters license plate(s) may be replaced with the same number/letter combination as shown on the vehicle computer record.
(12) Will my license plates that have been reported stolen be replaced with new license plates with the same number/letter combination? If the license plate(s) has been reported as stolen or if the department record indicates the plate has been stolen, the same number/letter combination will not be issued. This is a law enforcement issue for the protection of the public.