SB23: Bill Text

LRB-0521/1

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1997 - 1998 LEGISLATURE

1997 Senate BILL 23

January 22, 1997 - Introduced by Senators Drzewiecki, Zien, Huelsman, Jauch, Fitzgerald, Darling, Schultz and George, cosponsored by Representatives Kelso, Olsen, Goetsch, Musser, Plale, Hahn, Urban, Ladwig, Riley, Gard, Seratti, Green, Hutchison, Huebsch, Ryba, Kreuser, Bock, Sykora, Lorge, Kreibich, Hoven, Ourada, Ott, Boyle, Gunderson, Handrick, F. Lasee, Schafer, Otte, Harsdorf, Jeskewitz, Carpenter, Hasenohrl, Klusman, Plouff, Lazich, Johnsrud, Vander Loop, Kedzie, Vrakas, Underheim, Hebl and Rutkowski. Referred to Committee on Labor, Transportation and Financial Institutions.

SB23,1,6 An Act to amend 341.14 (6r) (b) 1., 341.14 (6r) (b) 3., 341.14 (6r) (c) and 341.14 (6r) (e); to repeal and recreate 341.14 (6r) (c) and 341.14 (6r) (e); and to create 20.455 (2) (jp), 25.40 (1) (a) 13., 165.86 (3), 341.14 (6r) (b) 6., 341.14 (6r) (f) 53. and 341.14 (6r) (h) of the statutes; relating to: special distinguishing registration plates associated with the Green Bay Packers professional football team, payments to D.A.R.E. Wisconsin, Ltd., and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, members of authorized special groups may obtain special distinguishing registration plates for certain vehicles registered with the department of transportation (DOT). Special plates may be obtained for automobiles, station wagons, motor homes and certain dual purpose motor homes, farm trucks and dual purpose farm trucks 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 assessed for the issuance or reissuance of most special plates.

Members of authorized special groups related to certain campuses of the University of Wisconsin (UW) System or to the support of endangered or threatened species pay an additional annual fee as a tax deductible contribution to the UW System or to the endangered resources program administered by the department of natural resources.

This bill establishes an authorized special group for persons interested in obtaining special distinguishing registration plates expressing their support of the Green Bay Packers, a professional football team. Special group plates related to the Green Bay Packers may not be issued by DOT unless any approvals that are required for use of an applicable logo, trademark, trade name or commercial symbol designating the team have been obtained.

In addition to the regular vehicle registration fee, the special group members are required to pay a $15 fee for issuance or reissuance of the special plates and an additional $25 annual fee as a tax deductible contribution that, after payment of certain data processing and licensing fee costs, provides funds to D.A.R.E. Wisconsin, Ltd., a nonprofit corporation, for programs and activities relating to drug abuse resistance education and for the payment of marketing costs relating to the special group plates. Under the bill, D.A.R.E. Wisconsin, Ltd., is required to annually submit an audited financial statement of its use of the funds received from these tax deductible contributions. Funding to D.A.R.E. Wisconsin, Ltd., is discontinued if the nonprofit organization dissolves or loses its tax-exempt status under federal law.

For further information see the state and local 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:

SB23, s. 1 Section 1. 20.455 (2) (jp) of the statutes is created to read:

SB23,2,3 20.455 (2) (jp) D.A.R.E. Wisconsin, Ltd., payments. All moneys received under s. 341.14 (6r) (b) 6. for payments to D.A.R.E. Wisconsin, Ltd., under s. 165.86 (3) (a).

SB23, s. 2 Section 2. 25.40 (1) (a) 13. of the statutes is created to read:

SB23,2,6 25.40 (1) (a) 13. Moneys received under s. 341.14 (6r) (b) 6. that are deposited in the general fund and credited to the appropriation under s. 20.455 (2) (jp).

SB23, s. 3 Section 3. 165.86 (3) of the statutes is created to read:

SB23,2,10 165.86 (3) (a) Enter into an agreement with D.A.R.E. Wisconsin, Ltd., to make payments from the appropriation under s. 20.455 (2) (jp) to D.A.R.E. Wisconsin, Ltd., to fund any of the following:

SB23,3,2 1. Programs and activities relating to drug abuse resistance education, including law enforcement training to implement drug abuse resistance education programs in this state and to conduct public educational activities consistent with the purposes of D.A.R.E. Wisconsin, Ltd.

SB23,3,5 2. Reasonable costs relating to marketing of the special group plate under s. 341.14 (6r) (f) 53. D.A.R.E. Wisconsin, Ltd., may enter into a marketing agreement with any person to provide the services under this subdivision.

SB23,3,9 (b) The agreement under par. (a) shall require that D.A.R.E. Wisconsin, Ltd., annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under par. (a), prepared in accordance with generally accepted accounting principles.

SB23,3,12 (c) Payments to D.A.R.E. Wisconsin, Ltd., under par. (a) shall be discontinued by the department if D.A.R.E. Wisconsin, Ltd., dissolves or is no longer exempt from taxation under section 501 (c) of the Internal Revenue Code.

SB23, s. 4 Section 4. 341.14 (6r) (b) 1. of the statutes is amended to read:

SB23,3,25 341.14 (6r) (b) 1. Upon application to register an automobile, station wagon 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) 53. 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 have been obtained.

SB23, s. 5 Section 5. 341.14 (6r) (b) 3. of the statutes is amended to read:

SB23,4,8 341.14 (6r) (b) 3. An additional fee of $15 shall be charged for the issuance or reissuance of a plate issued on an annual basis for a special group specified under par. (f) 35. to 47. or 53. An additional fee of $15 shall be charged for the issuance or reissuance of a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47. or 53. if the plate is issued during the first year of the biennial registration period or $15 for the issuance or reissuance if the plate is issued during the 2nd year of the biennial registration period.

SB23, s. 6 Section 6. 341.14 (6r) (b) 6. of the statutes is created to read:

SB23,4,22 341.14 (6r) (b) 6. An additional fee of $25 that is in addition to the fee under subd. 3. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 53. An additional fee of $50 that is in addition to the fee under subd. 3. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 53. 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 the initial costs of data processing for the special group plate under par. (f) 53. or $35,000, whichever is less, and of the costs of licensing fees under par. (h) shall be deposited in the general fund and credited to the appropriation under s. 20.455 (2) (jp). 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.

SB23, s. 7 Section 7. 341.14 (6r) (c) of the statutes is amended to read:

SB23,5,12 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. The department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin system before specifying the design for the special group plates under par. (f) 35. to 47., the Wisconsin sesquicentennial commission before specifying the design for the special group plate under par. (f) 52. and, the secretary of natural resources before specifying the design for the special group plate under par. (f) 50. and the chief executive officer of the Green Bay Packers professional football team and an authorized representative of the National Football League before specifying the design for the applicable special group plate under par. (f) 53. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

SB23, s. 8 Section 8. 341.14 (6r) (c) of the statutes, as affected by 1995 Wisconsin Act 445 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB23,6,2 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. The department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System before specifying the design for the special group plates under par. (f) 35. to 47., the secretary of natural resources before specifying the design for the special group plate under par. (f) 50. and the chief executive officer of the Green Bay Packers professional football team and an authorized representative of the National Football League before specifying the design for the applicable special group plate under par. (f) 53. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

SB23, s. 9 Section 9. 341.14 (6r) (e) of the statutes is amended to read:

SB23,7,6 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47., 50. and 52. The department, after consulting the president of the University of Wisconsin system, shall specify one combination of colors for special group plates under par. (f) 35. to 47. The department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization, except that the department may not specify the word or words or the symbol for special group plates under par. (f) 35. to 47. unless the word or words or symbol is approved in writing by the president of the university of Wisconsin system or, with respect to endangered resources, specify the word or words or the symbol for special group plates under par. (f) 50. unless the word or words or symbol is approved in writing by the secretary of natural resources or, with respect to the special group plate under par. (f) 53., specify the word or words or the symbol for the group unless the word or words or the symbol is approved in writing by the chief executive officer of the Green Bay Packers professional football team and an authorized representative of the National Football League or, with respect to commemorating the 150th anniversary of Wisconsin statehood, specify the word or words or the symbol for special group plate under par. (f) 52. unless the word or words or symbol is approved in writing by the Wisconsin sesquicentennial commission. The president may not approve the word or words or symbol for a university specified under par. (f) 35. to 47. unless the chancellor of the university approves in writing the word or words or symbol. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the university of Wisconsin system specifies.

SB23, s. 10 Section 10. 341.14 (6r) (e) of the statutes, as affected by 1995 Wisconsin Act 445 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB23,8,7 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47. and 50. The department, after consulting the president of the University of Wisconsin System, shall specify one combination of colors for special group plates under par. (f) 35. to 47. The department shall specify the word or words comprising the special group name and the symbol to be displayed upon special group plates for a group or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization, except that the department may not specify the word or words or the symbol for special group plates under par. (f) 35. to 47. unless the word or words or symbol is approved in writing by the president of the University of Wisconsin System or, with respect to endangered resources, specify the word or words or the symbol for special group plates under par. (f) 50. unless the word or words or symbol is approved in writing by the secretary of natural resources or, with respect to the special group plate under par. (f) 53., specify the word or words or the symbol for the group unless the word or words or the symbol is approved in writing by the chief executive officer of the Green Bay Packers professional football team and an authorized representative of the National Football League. The president may not approve the word or words or symbol for a university specified under par. (f) 35. to 47. unless the chancellor of the university approves in writing the word or words or symbol. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the university of Wisconsin system specifies.

SB23, s. 11 Section 11. 341.14 (6r) (f) 53. of the statutes is created to read:

SB23,8,10 341.14 (6r) (f) 53. Persons interested in expressing their support of the Green Bay Packers professional football team.

SB23, s. 12 Section 12. 341.14 (6r) (h) of the statutes is created to read:

SB23,8,14 341.14 (6r) (h) From moneys received under par. (b) 6., the department shall pay reasonable licensing fees relating to the word or words or the symbol on special group plates under par. (f) 53.

SB23, s. 13 Section 13. Effective dates. This act takes effect on the day after publication, except as follows:

SB23,8,18 (1) The repeal and recreation of section 341.14 (6r) (c) and (e) of the statutes takes effect on January 1, 1999.

SB23,8,19 (End)