2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 173
November 14, 2013 - Offered by Representatives Ripp and Bernard Schaber.
1An Act to repeal
25.40 (1) (a) 13m. and 341.14 (6r) (fm) 5.; to renumber and
20.395 (5) (cj); to amend
227.43 (1) (bg), 341.14 (6r) (b) 3., 341.14 (6r) 3
(fm) 2. b. and 341.14 (6r) (fm) 4.; to repeal and recreate
341.14 (6r) (fm) 2. a.; 4
and to create
20.395 (5) (ei), 25.40 (1) (a) 32., 341.14 (6r) (fm) 2. d., 341.14 (6r) 5
(fm) 3g. and 341.14 (6r) (fm) 8. of the statutes; relating to: special
6distinguishing registration plates issued by the Department of Transportation
7and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.395 (5) (cj) of the statutes is renumbered 20.395 (5) (eq) and 9
amended to read:
(eq) Vehicle registration, special group plates, state funds. From the
11general fund, all All
moneys deposited received
under s. 341.14 (6r) (b) 3. and (fm)
2., for the purpose of producing and issuing special group plates under s. 341.14 (6r) 2(fm)
and making returning
payments from denied applications
under s. 341.14 (6r) 3
20.395 (5) (ei) of the statutes is created to read:
(ei) Payments resulting from the issuance of certain special plates. 6
From the general fund, all moneys from voluntary payments received under s. 341.14 7
(6r) (fm) 8. a. for payments to authorized special groups or for gifts to state agencies 8
as provided in s. 341.14 (6r) (fm) 8. b.
25.40 (1) (a) 13m. of the statutes is repealed.
25.40 (1) (a) 32. of the statutes is created to read:
(a) 32. Moneys received under s. 341.14 (6r) (fm) 8. a. that are 12
deposited into the general fund and credited to the appropriation account under s. 13
20.395 (5) (ei).
227.43 (1) (bg) of the statutes is amended to read:
(bg) Assign a hearing examiner to preside over any hearing or review 16
under ss. 84.30 (18), 84.305, 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) 17
(b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 18
114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 19
(2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and 20
(b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 341.14
and 348.25 (9).
341.14 (6r) (b) 3. of the statutes is amended to read:
(b) 3. An additional fee of $15 shall be charged for the issuance or 24
reissuance of a plate issued for a special group designated by the department under 25
par. (fm). The department shall deposit in the general fund and
credit to the
appropriation account under s. 20.395 (5) (cj)
all fees collected under this 2
341.14 (6r) (fm) 2. a. of the statutes is repealed and recreated to 4
(fm) 2. a. A payment to the department of $9,000 for the 6
department's initial costs of production of special plates associated with the group 7
making application under this paragraph. This payment may not be applied to, and 8
is in addition to, any applicable registration fee and any voluntary payment under 9
subd. 8. a. The department shall return this payment to the authorized special group 10
making the application if the application is denied. All moneys received by the 11
department under this subd. 2. a. shall be credited to the appropriation under s. 12
20.395 (5) (eq).
341.14 (6r) (fm) 2. b. of the statutes is amended to read:
(fm) 2. b. A certification by the group or organization that any 15
approvals required for use of any logo, trademark, trade name,
or other commercial 16
symbol related to the group or organization have been obtained and that the group 17
or organization shall be responsible for any licensing fees related to the word or 18
words or the symbol on special group plates for the group or organization. Upon
19discovering that any approval provided by the applicant under this subd. 2. b. has
20been revoked or withdrawn, the department may cease issuing special plates for the
21applicable authorized special group under this paragraph.
341.14 (6r) (fm) 2. d. of the statutes is created to read:
(fm) 2. d. If the applicant seeks issuance of special plates that 24
provide moneys to the authorized special group or gifts to a state agency, a statement 25
to this effect and identification of the intended recipient of these gifts.
341.14 (6r) (fm) 3g. of the statutes is created to read:
(fm) 3g. Upon approval of an application under this paragraph and 3
the department's receipt of the payment under subd. 2. a., the department shall 4
commence any development work necessary for issuance of the special plates and 5
shall complete the development work within one year of its commencement. The 6
development work under this subdivision shall be funded only from the 7
appropriation under s. 20.395 (5) (eq). The department shall specify the design for 8
special plates issued under this paragraph subject to approval by the authorized 9
special group. The special plates for each authorized special group shall be 10
distinguishable from the special plates of any other authorized special group and the 11
design shall cover the entire plate.
341.14 (6r) (fm) 4. of the statutes is amended to read:
(fm) 4. If the application for designation as an authorized special 14
group is denied, the department shall promptly return the application to the group 15
or organization, together with a notice stating the reason for the denial. All decisions 16
of the department with respect to applications under this paragraph
shall be final
17and not are
subject to judicial review under ch. 227.
341.14 (6r) (fm) 5. of the statutes is repealed.
341.14 (6r) (fm) 8. of the statutes is created to read:
(fm) 8. a. An authorized special group may, as provided in subd. 2. 21
d., be, or designate a state agency as, the recipient for voluntary payments collected 22
by the department in connection with the initial issuance or renewal of special plates 23
associated with the authorized special group. With each initial issuance or renewal, 24
the voluntary payment shall be $25 for special plates issued or renewed on an annual 25
basis and $50 for special plates issued or renewed on a biennial basis except that, if
the plate is issued or renewed during the 2nd year of a biennial registration period, 2
the voluntary payment for that year shall be $25. This voluntary payment is in 3
addition to any fee collected by the department. If an authorized special group 4
included a statement under subd. 2. d. in its application, no plate may be issued for 5
the authorized special group unless the voluntary payment is collected. All moneys 6
received under this subd. 8. a. shall be deposited into the general fund and credited 7
to the appropriation under s. 20.395 (5) (ei). To the extent permitted under ch. 71, 8
the voluntary payment under this subd. 8. a. is deductible as a charitable 9
contribution for purposes of the taxes under ch. 71.
b. Subject to subd. 8. c., if the department collects voluntary payments under 11
subd. 8. a., the department shall, from the appropriation under s. 20.395 (5) (ei), 12
make payments of all such moneys collected to the authorized special groups or 13
designated state agency.
c. The department shall cease collecting voluntary payments under subd. 8. a. 15
if the department has knowledge that the recipient of these moneys has dissolved, 16
become insolvent, filed a petition for bankruptcy, or expended moneys forwarded to 17
the recipient under subd. 8. b. for activities prohibited under subd. 8. d.
d. No recipient may expend moneys received under subd. 8. b. to influence 19
legislation, except as provided under section 501
(h) of the Internal Revenue Code, 20
or to participate or intervene in any political campaign on behalf of, or in opposition 21
to, any candidate for public office, including publishing or distributing statements.
(1) This act takes effect on the first day of the 7th month beginning after 24