AB295: Bill Text

LRB-2791/1

EVM:eev:jm

2013 - 2014 LEGISLATURE

2013 Assembly BILL 295

August 20, 2013 - Introduced by Representatives Kleefisch, Kaufert, Ohnstad, A. Ott and Tittl, cosponsored by Senators Farrow, Gudex, Carpenter and Lehman. Referred to Committee on Transportation.

AB295,1,4 An Act to amend 341.14 (6r) (b) 1. and 341.14 (6r) (fm) 7.; and to create 20.395 (5) (ei), 25.40 (1) (a) 32., 341.14 (6r) (b) 15., 341.14 (6r) (f) 62. and 341.14 (10) of the statutes; relating to: special distinguishing registration plates associated with the ALS Association and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, any group or organization may apply to the Department of Transportation (DOT) for designation as an authorized special group. If the application is approved, members of the authorized special group may obtain special distinguishing registration plates for certain vehicles, including automobiles and motor homes, that are owned or leased by special group members. A fee, in addition to the regular registration fee for the particular kind of vehicle, is charged for the issuance or reissuance of most special plates.

Before October 2, 1998, authorized special groups whose members may obtain special plates were specifically enumerated in state law. With certain exceptions, current law provides that specific enumeration in state law of authorized special groups is limited to those special groups enumerated before October 2, 1998.

This bill establishes an authorized special group specifically enumerated in state law for persons interested in obtaining special plates supporting the Wisconsin Chapter of the Amyotrophic Lateral Sclerosis (ALS, also referred to as "Lou Gehrig's Disease") Association. In addition to the regular vehicle registration fee, special group members are required to pay a $15 fee for issuance or reissuance of the special plates and a $25 annual fee that provides funds to the ALS Association, Wisconsin Chapter. If the special plates will display any logo or symbol associated with the ALS Association, DOT may not issue these special plates until DOT has obtained authority to use any applicable trademark or service mark associated with the ALS Association on these special plates.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB295,1 Section 1. 20.395 (5) (ei) of the statutes is created to read:

AB295,2,4 20.395 (5) (ei) Payments to the ALS Association. From the general fund, all moneys received under s. 341.14 (6r) (b) 15. for payments to the ALS Association, Wisconsin Chapter, under s. 341.14 (10).

AB295,2 Section 2. 25.40 (1) (a) 32. of the statutes is created to read:

AB295,2,8 25.40 (1) (a) 32. Moneys received under s. 341.14 (6r) (b) 15. that are deposited into the general fund and credited to the appropriation account under s. 20.395 (5) (ei).

AB295,3 Section 3. 341.14 (6r) (b) 1. of the statutes is amended to read:

AB295,3,15 341.14 (6r) (b) 1. Subject to subd. 1m., upon application to register an automobile or motor home, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, or a farm truck which has a gross weight of not more than 12,000 pounds, by any person who is a resident of this state and a member of an authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member of the applicable special group. The department may not issue any special group plates under par. (f) 55., 60., or 61r. until 6 months after the department has received information sufficient for the department to determine that any approvals required for use of any logo, trademark, trade name or other commercial symbol designating the professional football team or professional baseball team or associated with Harley-Davidson, Inc., have been obtained. Subject to sub. subs. (9) (d) and (10) (d), the department may not issue any special group plates under par. (f) 61m. or 62. until the department has received information sufficient for the department to determine that any license or other approval required for use of any logo, trademark or service mark, trade name or other commercial symbol to be used on or in association with these plates has been obtained. Notwithstanding s. 341.12 (2), if the department of corrections does not have flat-plate technology available for use in manufacturing license plates at quality and cost comparable to that available from the state of Minnesota, the department of transportation may not issue any special group plates under par. (f) 59. unless the department of transportation purchases the plates from the state of Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765, 16.77, and 16.82 do not apply to purchases of plates issued under par. (f) 59. from the state of Minnesota.

AB295,4 Section 4. 341.14 (6r) (b) 15. of the statutes is created to read:

AB295,4,4 341.14 (6r) (b) 15. Subject to sub. (10) (d), a fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 62. Subject to sub. (10) (d), a fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on a biennial basis for the special group specified under par. (f) 62. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. All moneys received under this subdivision in excess of $23,700 or of the initial cost of production of the special group plate under par. (f) 62., whichever is less, shall be deposited into the general fund and credited to the appropriation under s. 20.395 (5) (ei). To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71.

AB295,5 Section 5. 341.14 (6r) (f) 62. of the statutes is created to read:

AB295,4,7 341.14 (6r) (f) 62. Persons interested in obtaining a plate supporting the Wisconsin Chapter of the Amyotrophic Lateral Sclerosis Association.

AB295,6 Section 6. 341.14 (6r) (fm) 7. of the statutes is amended to read:

AB295,4,15 341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 15m., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., and 61r., and 62.

AB295,7 Section 7. 341.14 (10) of the statutes is created to read:

AB295,4,19 341.14 (10) (a) Subject to par. (c), from the appropriation under s. 20.395 (5) (ei), the department shall make payments to the ALS Association, Wisconsin Chapter.

AB295,4,24 (b) For each year in which the department makes payments under par. (a), the ALS Association, Wisconsin Chapter, shall submit to the presiding officer of each house of the legislature an audited financial statement of its use of the payments under this subsection, prepared in accordance with generally accepted accounting principles.

AB295,5,4 (c) The department shall discontinue payments to the ALS Association, Wisconsin Chapter, under this subsection if the ALS Association, Wisconsin Chapter, dissolves, becomes insolvent, files a petition for bankruptcy, or is no longer exempt from taxation under section 501 (a) of the Internal Revenue Code.

AB295,5,9 (d) 1. If the special group plates under sub. (6r) (f) 62. will display any logo, trademark or service mark, trade name, or other commercial symbol associated with the ALS Association, the department may not issue any plates under sub. (6r) (f) 62. unless the approval specified in sub. (6r) (b) 1. for these plates provides for all of the following:

AB295,5,11 a. That the approval is irrevocable with respect to all plates issued for vehicles after the plates are issued for these vehicles.

AB295,5,15 b. That, if the approval is withdrawn, the department may continue to renew the registration of vehicles previously issued plates under sub. (6r) (f) 62., without replacing those plates, but the department shall discontinue charging the fee specified in sub. (6r) (b) 15. with respect to these renewals.

AB295,5,19 2. Notwithstanding sub. (6r) (b) 1. and (f) (intro.), if the approval specified in sub. (6r) (b) 1. for plates issued under sub. (6r) (f) 62. is withdrawn, the department shall discontinue issuing plates under sub. (6r) (f) 62. unless additional approval, as specified in sub. (6r) (b) 1. and this paragraph, is obtained by the department.

AB295,8 Section 8. Nonstatutory provisions.

AB295,6,3 (1) Notwithstanding section 16.42 (1) (e) of the statutes, if this subsection takes effect in fiscal year 2014-15, in submitting information under section 16.42 of the statutes for purposes of the 2015-17 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (5) (cq) of the statutes as though the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 2014-15 fiscal year was $23,700 less than the total amount that was actually appropriated under section 20.395 (5) (cq) of the statutes for the 2014-15 fiscal year.

AB295,9 Section 9. Fiscal changes.

AB295,6,9 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (cq) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $23,700 for the fiscal year in which this subsection takes effect to increase funding for special registration plates associated with the ALS Association, Wisconsin Chapter.

AB295,10 Section 10. Effective date.

AB295,6,12 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB295,6,13 (End)