Amendment SSA1-SB209

LRBs0433/1

ARG:cjs:jf

2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 209

February 17, 2006 - Offered by Senator Leibham.

SB209-SSA1,1,6 An Act to renumber and amend 341.14 (6r) (c); to amend 341.135 (2m), 341.14 (6r) (b) 1., 341.14 (6r) (e), 341.14 (6r) (f) (intro.) and 341.14 (6r) (fm) 7.; and to create 25.29 (1) (f), 25.40 (1) (a) 23., 341.14 (6r) (b) 1m., 341.14 (6r) (b) 11., 341.14 (6r) (c) 2. and 341.14 (6r) (f) 58. of the statutes; relating to: special distinguishing registration plates expressing enthusiasm for hunting and fishing for sport and recreation.

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 license 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 assessed for the issuance or reissuance of most special plates.

Before October 2, 1998, authorized special groups whose members may obtain special distinguishing license plates were specifically enumerated in state law. 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 distinguishing registration plates expressing their enthusiasm for hunting and fishing for sport and recreation in this state. 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 an additional $15 annual fee that is deposited in the conservation fund to be used by the Department of Natural Resources for the management of the fish and wildlife resources of this state. The bill specifies the design of the special group plates, which must include a picture of a white-tailed deer and a nature scene in the background. However, DOT may issue the special group plates only if DOT receives, prior to June 30, 2009, contributions at least equal to the initial costs of production of the plates from interested persons to cover DOT's costs of implementation, and, if sufficient contributions are received, only after DOT has completed the development work necessary for implementation. If DOT does not receive sufficient contributions by June 30, 2009, DOT must return all contributions, less a limited transaction fee for costs associated with the return of contributions. These contributions to DOT may not be applied to any fee established for the special group plates if DOT subsequently issues the plates.

Current law requires DOT to establish new designs for most vehicle registration plates, including most special plates, every ten years and to issue the new plates on a rolling basis as vehicle registrations are renewed by the vehicle owners. This bill exempts the special plates established under the bill from the ten-year redesign cycle.

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

SB209-SSA1, s. 1 Section 1. 25.29 (1) (f) of the statutes is created to read:

SB209-SSA1,2,2 25.29 (1) (f) Moneys received under s. 341.14 (6r) (b) 5., 7., and 11.

SB209-SSA1, s. 2 Section 2. 25.40 (1) (a) 23. of the statutes is created to read:

SB209-SSA1,2,5 25.40 (1) (a) 23. Moneys received under s. 341.14 (6r) (b) 11. that are deposited in the conservation fund.

SB209-SSA1, s. 3 Section 3. 341.135 (2m) of the statutes, as created by 2005 Wisconsin Act 25, is amended to read:

SB209-SSA1,2,9 341.135 (2m) Applicability. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m. or 58.

SB209-SSA1, s. 4 Section 4. 341.14 (6r) (b) 1. of the statutes is amended to read:

SB209-SSA1,3,14 341.14 (6r) (b) 1. Upon 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. 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. The department may not issue any special group plates under par. (f) 58. until the department has completed the development work specified in subd. 1m.

SB209-SSA1, s. 5 Section 5. 341.14 (6r) (b) 1m. of the statutes is created to read:

SB209-SSA1,4,15 341.14 (6r) (b) 1m. Upon receipt of contributions totalling an amount equal to the initial costs of production of the special group plates under par. (f) 58. from persons interested in the special group plates under par. (f) 58., the department shall commence any development work necessary to implement the provisions of par. (f) 58. and related provisions under this subsection and shall complete the development work within 6 months of its commencement. The development work under this subdivision shall be funded only from the appropriation under s. 20.395 (4) (ch) from contributions received by the department for purposes of this subdivision. If the department does not receive contributions totaling an amount equal to or greater than the initial costs of production of the special group plates under par. (f) 58. for purposes of this subdivision by June 30, 2009, the department may not commence development work necessary to implement the provisions of par. (f) 58., and related provisions under this subsection and shall promptly return to each contributor all contributions, less a transaction fee of no more than $2.50 per contributor for costs associated with the return of contributions, received by the department for purposes of this subdivision. If the department receives contributions totaling an amount in excess of the initial costs of production of the special group plates under par. (f) 58. for purposes of this subdivision, the department shall discontinue receiving contributions under this subdivision and promptly return to each contributor all contributions, less a transaction fee of no more than $2.50 per contributor for costs associated with the return of contributions, received by the department after the department had received contributions totaling an amount equal to the initial costs of production of the special group plates under par. (f) 58. No contribution received by the department under this subdivision may be applied to any fee established under subd. 2. or 11.

SB209-SSA1, s. 6 Section 6. 341.14 (6r) (b) 11. of the statutes is created to read:

SB209-SSA1,5,3 341.14 (6r) (b) 11. An additional fee of $15 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) 58. An additional fee of $30 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 58. if the plate is issued or renewed during the first year of the biennial registration period or $15 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 shall be deposited in the conservation fund to be used by the department of natural resources for the management of the fish and wildlife resources of this state. 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.

SB209-SSA1, s. 7 Section 7. 341.14 (6r) (c) of the statutes is renumbered 341.14 (6r) (c) 1. and amended to read:

SB209-SSA1,5,19 341.14 (6r) (c) 1. 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 Subject to subd. 2., 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 word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify for the special group under par. (f) 50. and the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

SB209-SSA1, s. 8 Section 8. 341.14 (6r) (c) 2. of the statutes is created to read:

SB209-SSA1,6,3 341.14 (6r) (c) 2. Special group plates under par. (f) 58. shall have a nature scene with a small body of water bordered by rock and vegetation in the background and the identifying letters or numbers shown on the plates shall be colored black, with the background slightly dimmed where the identifying letters or numbers appear. On the left side of these plates, to the left of the identifying letters or numbers, there shall be a picture of a male white-tailed deer from shoulder to head. The word "Wisconsin" shall be displayed on the top center of these plates, colored in yellow.

SB209-SSA1, s. 9 Section 9. 341.14 (6r) (e) of the statutes is amended to read:

SB209-SSA1,6,17 341.14 (6r) (e) The Subject to par. (c) 2., 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. and for each professional football team under par. (f) 55. The Subject to par. (c) 2., the department 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. 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.

SB209-SSA1, s. 10 Section 10. 341.14 (6r) (f) (intro.) of the statutes is amended to read:

SB209-SSA1,6,21 341.14 (6r) (f) (intro.) The Subject to par. (b) 1. and 1m., the department shall issue special group plates under this subsection for the following authorized special groups:

SB209-SSA1, s. 11 Section 11. 341.14 (6r) (f) 58. of the statutes is created to read:

SB209-SSA1,6,24 341.14 (6r) (f) 58. Persons interested in obtaining a plate expressing their enthusiasm for hunting and fishing for sport and recreation in this state.

SB209-SSA1, s. 12 Section 12. 341.14 (6r) (fm) 7. of the statutes, as affected by 2005 Wisconsin Act 25, section 2247r, is amended to read:

SB209-SSA1,7,7 341.14 (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) 19m., 54., 55., and 56., and 58.

SB209-SSA1,7,8 (End)