LRB-4316/1
ARG:kjf&ahe
2015 - 2016 LEGISLATURE
January 20, 2016 - Introduced by Representatives Murphy, Ripp, Kooyenga,
Tauchen and Kremer, cosponsored by Senators Lazich,
Petrowski, Vukmir,
Gudex, Wanggaard and Bewley. Referred to Committee on Transportation.
AB754,1,9
1An Act to repeal 341.14 (6r) (fm) 5.;
to renumber and amend 341.14 (6r) (fm)
21. (intro.), 341.14 (6r) (fm) 1. a., 341.14 (6r) (fm) 1. b., 341.14 (6r) (fm) 1. c., 341.14
3(6r) (fm) 1. d. and 341.14 (6r) (fm) 1. e.;
to amend 20.395 (5) (cj), 341.14 (6r) (b)
41., 341.14 (6r) (fm) 2. c., 341.14 (6r) (fm) 4., 341.14 (6r) (fm) 6. and 341.145 (1)
5(c);
to repeal and recreate 341.14 (6r) (fm) 2. a.; and
to create 20.395 (5) (eL),
625.40 (1) (a) 32., 341.14 (6r) (fm) 1m., 341.14 (6r) (fm) 1r. (intro.), 341.14 (6r) (fm)
72. d., e. and f., 341.14 (6r) (fm) 3g. and 3m. and 341.14 (6r) (fm) 8. of the statutes;
8relating to: special distinguishing registration plates issued by the
9Department of Transportation and making appropriations.
Analysis by the Legislative Reference Bureau
This bill modifies the process and requirements for the Department of
Transportation to designate authorized special groups and issue special motor
vehicle registration plates to group members. The bill does not affect special plates
for groups enumerated by the legislature.
Under current law, any group or organization (group) may apply to DOT for
designation as an authorized special group and DOT must designate the group as
such if the group: is not organized or operated for profit; is not a political group; is
not a church or an organization operating under a creed; does not promote, practice,
or encourage hatred or discrimination; and does not carry connotations offensive to
good taste or decency or that would be misleading or in conflict with another group.
An application for designation by DOT as an authorized special group must include
a deposit of $15,500. If the application is denied, this deposit is returned to the group.
If the application is approved, the amount of the deposit returned to the group is the
lesser of $12,000 or $15 times the number of special registration plates (special
plates) issued for the group in the first year. An application must also include a
certification by the group that any approval required for use of a logo, trademark, or
other commercial symbol (trademark approval) related to the group has been
obtained and that the group is responsible for any related licensing fees. If DOT
denies an application for designation as an authorized special group, DOT must
promptly give notice to the group stating the reason for the denial, but DOT's decision
is final and not subject to judicial review. If the application is approved, members
of the authorized special group may obtain special plates for certain vehicles,
including automobiles and motor homes, that are owned or leased by special group
members. In addition to the regular registration fee, a fee of $15 is charged for the
issuance or reissuance of these special plates. DOT may not assist a group in the use
of special plates in any fund-raising effort by the group.
Before October 2, 1998, authorized special groups whose members may obtain
special plates were specifically enumerated by statute. With certain exceptions,
current law provides that statutory enumeration of authorized special groups is
limited to those special groups enumerated before October 2, 1998. Current law
specifies that, after October 1, 1998, the process described above by which DOT
designates groups as authorized special groups is the exclusive method for groups
to obtain special plates.
This bill modifies the process and requirements for DOT to designate
authorized special groups and issue special plates to group members. DOT must post
notice on DOT's Internet site of a group's application and the notice must identify the
group applying for designation as an authorized special group and describe the
process by which a person may object to this designation. Within 30 days after this
notice, any person may object in writing to this designation. If a timely objection is
made, DOT must refer the application to the senate and assembly standing
committees for transportation matters for passive review. DOT may then designate
the group as an authorized special group only if each standing committee, impliedly
or expressly, approves the application under the passive review process. If no timely
objection is made, DOT must designate the group as an authorized special group.
The bill eliminates the current law criteria under which DOT designates a group as
an authorized special group and requires DOT to make such a designation if no
timely objection is made, but allows an objection to be based on these current law
criteria.
Under the bill, a group's application for designation as an authorized special
group must include the signatures of at least 500 Wisconsin residents who affirm
their intent to obtain special plates associated with the group when these special
plates become available. The bill also eliminates the requirement under current law
that an applicant for designation by DOT as an authorized special group must
deposit $15,500 but is entitled to a partial refund based on the number of special
plates issued. Instead, under the bill, an applicant must make payment to DOT of
$15,500 for DOT's initial costs of production of the special plates. This payment is
in addition to any applicable registration fee or voluntary payment. DOT must
return this payment to the applicant if the application is denied. DOT must specify
the design for the special plates after consultation with the designated special group.
Under this bill, a designated special group may obtain special plates for which
DOT collects a $25 annual voluntary payment from group members or supporters
and directs this money to the designated special group or a designated state agency
as a gift. This money may not be used for any political purpose. DOT must cease
collecting these voluntary payments if DOT has knowledge that the recipient of the
money has dissolved, become insolvent, or filed a petition for bankruptcy or that the
money has been used for any political purpose.
Under the bill, if fewer than 500 special plates associated with the group have
been issued and are valid for currently registered vehicles after the third year
following the date the special plates were first issued, or in any year thereafter, DOT
must give notice to the group that it will rescind its designation and cease issuing the
special plates unless, within one year after this notice, this 500-plate threshold is
met. If one year elapses after this notice and the 500-plate threshold is still not met,
DOT must rescind the group's designation and, with an exception, cease accepting
new applications for issuance of the special plates, but may continue to renew the
special plates that have already been issued.
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:
AB754,1
1Section
1. 20.395 (5) (cj) of the statutes is amended to read:
AB754,3,52
20.395
(5) (cj)
Vehicle registration, special group plates, state funds. From the
3general fund, all moneys
deposited received under s. 341.14 (6r) (b) 3. and (fm) 2., for
4the purpose of producing and issuing special group plates under s. 341.14 (6r)
(fm) 5and
making returning payments under s. 341.14 (6r) (fm) 2.
a.
AB754,2
6Section
2. 20.395 (5) (eL) of the statutes is created to read:
AB754,4,27
20.395
(5) (eL)
Payments resulting from the issuance of certain special plates. 8From the general fund, all moneys from voluntary payments received under s. 341.14
1(6r) (fm) 8. a. for payments to authorized special groups or for gifts to state agencies
2as provided in s. 341.14 (6r) (fm) 8. b.
AB754,3
3Section
3. 25.40 (1) (a) 32. of the statutes is created to read:
AB754,4,64
25.40
(1) (a) 32. Moneys received under s. 341.14 (6r) (fm) 8. a. that are
5deposited into the general fund and credited to the appropriation account under s.
620.395 (5) (eL).
AB754,4
7Section
4. 341.14 (6r) (b) 1. of the statutes is amended to read:
AB754,5,108
341.14
(6r) (b) 1. Subject to subd. 1m., upon application to register an
9automobile or motor home, or a motor truck, dual purpose motor home or dual
10purpose farm truck which has a gross weight of not more than 8,000 pounds, or a
11farm truck which has a gross weight of not more than 12,000 pounds, by any person
12who is a resident of this state and a member of an authorized special group
or, with
13respect to an authorized special group designated under par. (fm) that includes the
14statement under par. (fm) 2. e., interested in supporting the authorized special
15group, the department shall issue to the person special plates whose colors and
16design shall indicate that the vehicle is owned by a person who is a member
, or if
17applicable a supporter, of the applicable special group. The department may not
18issue any special group plates under par. (f) 55., 60., or 61r. until 6 months after the
19department has received information sufficient for the department to determine that
20any approvals required for use of any logo, trademark, trade name or other
21commercial symbol
designating the professional football team or professional
22baseball team or associated with Harley-Davidson, Inc., have been obtained.
23Subject to subs. (9) (d) and (10) (d), the department may not issue any special group
24plates under par. (f) 61m. or 63. until the department has received information
25sufficient for the department to determine that any license or other approval
1required for use of any logo, trademark or service mark, trade name or other
2commercial symbol to be used on or in association with these plates has been
3obtained.
Notwithstanding s. 341.12 (2), if the department of corrections does not
4have flat-plate technology available for use in manufacturing license plates at
5quality and cost comparable to that available from the state of Minnesota, the
6department of transportation may not issue any special group plates under par. (f)
759. unless the department of transportation purchases the plates from the state of
8Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765, 16.77, and
916.82 do not apply to purchases of plates issued under par. (f) 59. from the state of
10Minnesota.
AB754,5
11Section
5. 341.14 (6r) (fm) 1. (intro.) of the statutes is renumbered 341.14 (6r)
12(fm) 1. and amended to read:
AB754,5,1813
341.14
(6r) (fm) 1. In addition to the special groups specified under par. (f), any
14group or organization may apply to the department for designation as an authorized
15special group.
The Except as provided in subd. 1m., after the department has
16received a complete application and the requisite period under subd. 1m. has
17elapsed, the department shall designate
any the group or organization
that meets
18all of the following criteria as an authorized special group
:.
AB754,6
19Section
6. 341.14 (6r) (fm) 1. a. of the statutes is renumbered 341.14 (6r) (fm)
201r. a. and amended to read:
AB754,5,2221
341.14
(6r) (fm) 1r. a. The group or organization is
not organized or operated
22for profit.
AB754,7
23Section
7. 341.14 (6r) (fm) 1. b. of the statutes, as affected by
2015 Wisconsin
24Act 117, is renumbered 341.14 (6r) (fm) 1r. b. and amended to read:
AB754,6,2
1341.14
(6r) (fm) 1r. b. The group or organization is
not a committee, as defined
2in s. 11.0101 (6).
AB754,8
3Section
8. 341.14 (6r) (fm) 1. c. of the statutes is renumbered 341.14 (6r) (fm)
41r. c. and amended to read:
AB754,6,75
341.14
(6r) (fm) 1r. c. The group or organization is
not a church, a synagogue,
6a mosque
, or any organization, whether or not organized under ch. 187, that operates
7under a creed.
AB754,9
8Section
9. 341.14 (6r) (fm) 1. d. of the statutes is renumbered 341.14 (6r) (fm)
91r. d. and amended to read:
AB754,6,1110
341.14
(6r) (fm) 1r. d. The group or organization
does not promote, practice or
11encourage promotes, practices, or encourages hatred or any form of discrimination.
AB754,10
12Section
10. 341.14 (6r) (fm) 1. e. of the statutes is renumbered 341.14 (6r) (fm)
131r. e. and amended to read:
AB754,6,1614
341.14
(6r) (fm) 1r. e. The group or organization
does not carry carries 15connotations offensive to good taste or decency, or that would be misleading, or in
16conflict with the enumeration or designation of any other authorized special group.
AB754,11
17Section
11. 341.14 (6r) (fm) 1m. of the statutes is created to read:
AB754,6,2418
341.14
(6r) (fm) 1m. a. Upon receiving a complete application and payment
19under subd. 2., the department shall post a notice of the application on the
20department's Internet site. The notice shall identify the group or organization
21applying for designation as an authorized special group, include the date that the
22notice is posted, and describe the process by which a person may object to designation
23of the group or organization as an authorized special group and the deadline under
24subd. 1m. b. for submitting the objection.
AB754,7,4
1b. Subject to subd. 1r., any person may, within 30 days after the date of the
2department's notice under subd. 1m. a., object to designation of the group or
3organization as an authorized special group by submitting a written objection to the
4department in the manner prescribed by the department.
AB754,7,95
c. If no timely objection is received under subd. 1m. b., the department shall
6designate the group or organization as an authorized special group. If the
7department receives a timely objection under subd. 1m. b., the department shall
8refer the application to the standing committees of each house of the legislature
9dealing with transportation matters.
AB754,7,1810
d. If an application is referred under subd. 1m. c. and the chairperson of each
11applicable standing committee does not notify the department within 14 days after
12the date on which the application is referred that the committee has scheduled a
13meeting for the purpose of reviewing the application, the application is approved.
14If, within 14 days after the date on which the application is referred by the
15department, the chairperson of any applicable standing committee notifies the
16department that the committee has scheduled a meeting for the purpose of reviewing
17the application, the application is approved only if each standing committee to which
18the application was referred under subd. 1m. c. expressly approves the application.
AB754,7,2119
e. After referring an application to the standing committees under subd. 1m.
20c., the department shall designate the applicant as an authorized special group only
21if the application is approved under subd. 1m. d.
AB754,12
22Section
12. 341.14 (6r) (fm) 1r. (intro.) of the statutes is created to read:
AB754,8,223
341.14
(6r) (fm) 1r. (intro.) An objection under subd. 1m. b. to designation of
24a group or organization as an authorized special group may be made only by a
1resident of this state and may be based on any of the following grounds or other
2grounds:
AB754,13
3Section
13. 341.14 (6r) (fm) 2. a. of the statutes is repealed and recreated to
4read:
AB754,8,125
341.14
(6r) (fm) 2. a. A payment to the department of $15,500 for the
6department's initial costs of production of special plates associated with the group
7making application under this paragraph. This payment may not be applied to, and
8is in addition to, any applicable registration fee and any voluntary payment under
9subd. 8. a. The department shall return this payment to the authorized special group
10making the application if the application is denied. All moneys received by the
11department under this subd. 2. a. shall be credited to the appropriation under s.
1220.395 (5) (cj).
AB754,14
13Section
14. 341.14 (6r) (fm) 2. c. of the statutes is amended to read:
AB754,8,1614
341.14
(6r) (fm) 2. c. Any other information that the department reasonably
15requires
to determine whether the group or organization is entitled by law to
16designation as an authorized special group.
AB754,15
17Section
15. 341.14 (6r) (fm) 2. d., e. and f. of the statutes are created to read:
AB754,8,2018
341.14
(6r) (fm) 2. d. If the applicant seeks issuance of special plates that
19provide moneys to the authorized special group or gifts to a state agency, a statement
20to this effect and identification of the intended recipient of the moneys or gifts.
AB754,8,2321
e. If the applicant wishes to allow issuance of special plates to supporters of the
22group or organization in addition to members of the group or organization, a
23statement to this effect.
AB754,9,224
f. On a form prescribed by the department and attached to the application, the
25signatures of at least 500 residents of this state who affirm their intent to obtain
1special plates associated with the applicant when these special plates become
2available.
AB754,16
3Section
16. 341.14 (6r) (fm) 3g. and 3m. of the statutes are created to read:
AB754,9,144
341.14
(6r) (fm) 3g. Upon receiving a complete application and payment under
5subd. 2., and upon satisfaction of all requirements under subds. 1. and 1m., the
6department shall commence any development work necessary for issuance of the
7special plates and shall complete the development work within one year of its
8commencement. The development work under this subdivision shall be funded only
9from the appropriation under s. 20.395 (5) (cj). The department shall specify the
10design for special plates issued under this paragraph after consultation with the
11authorized special group. The special plates for each authorized special group shall
12be distinguishable from the special plates of any other authorized special group. The
13department may use a decal to distinguish between special plates of different
14authorized special groups.
AB754,9,2315
3m. a. If, at any time after 3 years from the date that special plates associated
16with an authorized special group are first issued under this paragraph, there are
17fewer than 500 motor vehicles registered for which these special plates have been
18issued and are valid for the motor vehicles' then current registration period, the
19department shall give notice to the authorized special group that it will rescind its
20designation of the authorized special group and cease issuing special plates
21associated with the authorized special group unless, within one year after the date
22of this notice, this threshold of at least 500 currently registered vehicles displaying
23these special plates is met.
AB754,9,2524
b. If one year elapses after the department has given notice under subd. 3m.
25a. and the threshold under subd. 3m. a. is still not met, the department shall rescind
1its designation of the authorized special group and, except as provided in subd. 3m.
2c., cease issuing special plates associated with the authorized special group.
AB754,10,133
c. After rescinding its designation of an authorized special group under subd.
43m. b., the department may continue issuing special plates associated with the
5authorized special group until the department's inventory of these special plates is
6depleted and the department may continue to renew registrations of vehicles
7displaying these special plates and continue to collect the involuntary payment
8under subd. 8. a. After the department's inventory of these special plates is depleted,
9the department may not accept applications for initial issuance of these special
10plates or issue these special plates as replacement plates, but may continue to renew
11registrations of vehicles displaying these special plates and may continue to collect
12the involuntary payment under subd. 8. a. in connection with these registration
13renewals.
AB754,10,1614
d. This subdivision does not apply to any group or organization designated by
15the department as an authorized special group prior to the effective date of this subd.
163m. d. .... [LRB inserts date].
AB754,17
17Section
17. 341.14 (6r) (fm) 4. of the statutes is amended to read:
AB754,10,2318
341.14
(6r) (fm) 4. If the application for designation as an authorized special
19group is denied, the department shall promptly
return the application to the group
20or organization, together with a provide notice
stating the reason for of the denial.
21All
actions and decisions of the department
and the legislature with respect to
22applications under this paragraph shall be final and not subject to judicial review
23under ch. 227.
AB754,18
24Section
18. 341.14 (6r) (fm) 5. of the statutes is repealed.
AB754,19
25Section
19. 341.14 (6r) (fm) 6. of the statutes is amended to read: