2011 - 2012 LEGISLATURE
February 24, 2012 - Introduced by Representatives Jacque, A. Ott, Bies, Kooyenga,
Pridemore, Thiesfeldt, Wynn, Ziegelbauer and Kestell, cosponsored by
Senators Grothman, Schultz and Lazich. Referred to Committee on
Transportation.
AB633,1,4
1An Act to amend 341.14 (6r) (b) 1., 341.14 (6r) (c) and 341.14 (6r) (fm) 7.; and
2to create 20.395 (5) (ei), 25.40 (1) (a) 30., 341.14 (6r) (b) 15., 341.14 (6r) (f) 62.
3and 341.14 (10) of the statutes;
relating to: special distinguishing registration
4plates displaying the words Choose Life 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 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 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 that display the words
"Choose Life" and the proceeds from which support the purposes and bylaws of
Choose Life Wisconsin. 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 Choose Life Wisconsin. However,
DOT may not issue these special plates until DOT has obtained authority to use,
without fee, any applicable trademark or service mark associated with these "Choose
Life" 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:
AB633, s. 1
1Section
1. 20.395 (5) (ei) of the statutes is created to read:
AB633,2,42
20.395
(5) (ei)
Payments to Choose Life Wisconsin. From the general fund, all
3moneys received under s. 341.14 (6r) (b) 15. for payments to Choose Life Wisconsin
4under s. 341.14 (10).
AB633, s. 2
5Section
2. 25.40 (1) (a) 30. of the statutes is created to read:
AB633,2,86
25.40
(1) (a) 30. Moneys received under s. 341.14 (6r) (b) 15. that are deposited
7into the general fund and credited to the appropriation account under s. 20.395 (5)
8(ei).
AB633, s. 3
9Section
3. 341.14 (6r) (b) 1. of the statutes is amended to read:
AB633,3,1510
341.14
(6r) (b) 1. Subject to subd. 1m., upon application to register an
11automobile or motor home, or a motor truck, dual purpose motor home or dual
12purpose farm truck which has a gross weight of not more than 8,000 pounds, or a
13farm truck which has a gross weight of not more than 12,000 pounds, by any person
14who is a resident of this state and a member of an authorized special group, the
15department shall issue to the person special plates whose colors and design shall
16indicate that the vehicle is owned by a person who is a member of the applicable
17special group. The department may not issue any special group plates under par. (f)
1855., 60., or 61r. until 6 months after the department has received information
19sufficient for the department to determine that any approvals required for use of any
1logo, trademark, trade name or other commercial symbol designating the
2professional football team or professional baseball team or associated with
3Harley-Davidson, Inc., have been obtained. Subject to
sub. subs. (9) (d)
and (10) (d),
4the department may not issue any special group plates under par. (f) 61m.
or 62. until
5the department has received information sufficient for the department to determine
6that any license or other approval required for use of any logo, trademark or service
7mark, trade name or other commercial symbol to be used on or in association with
8these plates has been obtained. Notwithstanding s. 341.12 (2), if the department of
9corrections does not have flat-plate technology available for use in manufacturing
10license plates at quality and cost comparable to that available from the state of
11Minnesota, the department of transportation may not issue any special group plates
12under par. (f) 59. unless the department of transportation purchases the plates from
13the state of Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765,
1416.77, and 16.82 do not apply to purchases of plates issued under par. (f) 59. from the
15state of Minnesota.
AB633, s. 4
16Section
4. 341.14 (6r) (b) 15. of the statutes is created to read:
AB633,4,417
341.14
(6r) (b) 15. Subject to sub. (10) (d), a fee of $25 that is in addition to the
18fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on
19an annual basis for the special group specified under par. (f) 62. Subject to sub. (10)
20(d), a fee of $50 that is in addition to the fee under subd. 2. shall be charged for the
21issuance or renewal of a plate issued on the biennial basis for the special group
22specified under par. (f) 62. if the plate is issued or renewed during the first year of
23the biennial registration period or $25 for the issuance or renewal if the plate is
24issued or renewed during the 2nd year of the biennial registration period. All moneys
25received under this subdivision in excess of $23,700 or of the initial cost of production
1of the special group plate under par. (f) 62., whichever is less, shall be deposited into
2the general fund and credited to the appropriation under s. 20.395 (5) (ei). To the
3extent permitted under ch. 71, the fee under this subdivision is deductible as a
4charitable contribution for purposes of the taxes under ch. 71.
AB633,5,177
341.14
(6r) (c) Special group plates shall display the word "Wisconsin", the
8name of the applicable authorized special group, a symbol representing the special
9group, not exceeding one position, and identifying letters or numbers or both, not
10exceeding 6 positions and not less than one position. Except as provided in this
11paragraph, the department shall specify the design for special group plates, but the
12department shall consult the president of the University of Wisconsin System before
13specifying the word or symbol used to identify the special groups under par. (f) 35.
14to 47., the secretary of natural resources before specifying the word or symbol used
15to identify the special groups under par. (f) 50. and 59., the chief executive officer of
16the professional football team and an authorized representative of the league of
17professional football teams described in s. 229.823 to which that team belongs before
18specifying the design for the applicable special group plate under par. (f) 55., the chief
19trademark officer of Harley-Davidson Michigan, LLC before specifying the design
20for the applicable special group plate under par. (f) 61r., the department of veterans
21affairs before specifying the design for the special group plates under par. (f) 49d.,
2249h., and 49s., and the department of tourism and chief executive officer of the
23organization specified in par. (f) 55m. before specifying the design and word or
24symbol used to identify the special group name for special group plates under par.
25(f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to
1regular registration plates in color and design.
Special group plates issued under
2par. (f) 62. shall display the words "Choose Life". The department shall make
3available 2 designs for the special group plates under par. (f) 60. The department
4may not specify any design for the special group plates under par. (f) 60. unless the
5design is approved by the executive vice president of the Milwaukee Brewers
6Baseball Club LP. The word or symbol used to identify the special group under par.
7(f) 59. shall be different from the word or symbol used to identify the special group
8under par. (f) 50. and the design shall cover the entire plate. Special group plates
9under par. (f) 61m. shall display a logo or image of the lion associated with the Lions
10Clubs International. Special group plates under par. (f) 61r. shall display a bar and
11shield logo associated with Harley-Davidson, Inc., on the left portion of the plates
12and the words "share the road" on the bottom portion of the plates. Notwithstanding
13par. (e), special group plates under par. (f) 33m. and 48m. shall be the same color and
14design that was specified by the department for special group plates under par. (f)
1533. and 48., respectively, immediately prior to January 1, 2007. The design for
16special group plates under par. (f) 33. and 48. shall be different from the design of
17special group plates under par. (f) 33m. and 48m., respectively.
AB633, s. 6
18Section
6. 341.14 (6r) (f) 62. of the statutes is created to read:
AB633,5,2119
341.14
(6r) (f) 62. Persons interested in obtaining registration plates that
20display the words "Choose Life" and the proceeds from which support the purposes
21and bylaws of Choose Life Wisconsin.
AB633,6,524
341.14
(6r) (fm) 7. After October 1, 1998, additional authorized special groups
25may only be special groups designated by the department under this paragraph. The
1authorized special groups enumerated in par. (f) shall be limited solely to those
2special groups specified under par. (f) on October 1, 1998. This subdivision does not
3apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,15m.,
419m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m.,
and 561r.
, and 62.
AB633, s. 8
6Section
8. 341.14 (10) of the statutes is created to read:
AB633,6,87
341.14
(10) (a) Subject to par. (c), from the appropriation under s. 20.395 (5)
8(ei), the department shall make payments to Choose Life Wisconsin.
AB633,6,129
(b) For each year in which the department makes payments under par. (a),
10Choose Life Wisconsin shall submit to the presiding officer of each house of the
11legislature an audited financial statement of its use of the payments under this
12subsection, prepared in accordance with generally accepted accounting principles.
AB633,6,1613
(c) The department shall discontinue payments to Choose Life Wisconsin under
14this subsection if Choose Life Wisconsin dissolves, becomes insolvent, files a petition
15for bankruptcy, or is no longer exempt from taxation under section
501 (a) of the
16Internal Revenue Code.
AB633,6,1917
(d) 1. The department may not issue any plates under sub. (6r) (f) 62. unless
18the approval specified in sub. (6r) (b) 1. for these plates provides for all of the
19following:
AB633,6,2120
a. That the approval is provided without fee and as a condition of receiving
21payments under par. (a).
AB633,6,2322
b. That the approval is irrevocable with respect to all plates issued for vehicles
23after the plates are issued for these vehicles.
AB633,7,224
c. That, if the approval is withdrawn, the department may continue to renew
25the registration of vehicles previously issued plates under sub. (6r) (f) 62., without
1replacing those plates, but the department shall discontinue charging the fee
2specified in sub. (6r) (b) 15. with respect to these renewals.
AB633,7,63
2. Notwithstanding sub. (6r) (b) 1. and (f) (intro.), if the approval specified in
4sub. (6r) (b) 1. for plates issued under sub. (6r) (f) 62. is withdrawn, the department
5shall discontinue issuing plates under sub. (6r) (f) 62. unless additional approval, as
6specified in sub. (6r) (b) 1. and this paragraph, is obtained by the department.
AB633,7,158
(1) Notwithstanding section 16.42 (1) (e) of the statutes, if this subsection takes
9effect in fiscal year 2012-13, in submitting information under section 16.42 of the
10statutes for purposes of the 2013-15 biennial budget bill, the department of
11transportation shall submit information concerning the appropriation under section
1220.395 (5) (cq) of the statutes as though the total amount appropriated under section
1320.395 (5) (cq) of the statutes for the 2012-13 fiscal year was $23,700 less than the
14total amount that was actually appropriated under section 20.395 (5) (cq) of the
15statutes for the 2012-13 fiscal year.
AB633,7,2117
(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
18to the department of transportation under section 20.395 (5) (cq) of the statutes, as
19affected by the acts of 2011, the dollar amount is increased by $23,700 for the fiscal
20year in which this subsection takes effect to increase funding for special registration
21plates displaying the words "Choose Life."
AB633,7,2423
(1) This act takes effect on the first day of the 7th month beginning after
24publication.