STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
PROPOSED ORDER AMENDING PERMANENT RULE
The Wisconsin Department of Transportation proposes an order to:
Amend ss. Trans 134.02 (intro.), 134.03 (2) (a), (b), (c), (d), (e), and (g) and (Note), 134.04 (1) (intro.), (2) (a), (e), (f) and (3) and (Note), 134.05 (2), 134.06 (4) (d); The Statement of Scope for this Permanent Rule, SS 005-22, was approved by the Governor on December 22, 2021, published in Register No. 793A4 on January 24, 2022, and approved by Secretary of the State of Wisconsin Department of Transportation (department) Craig Thompson, as required by s. 227.135 (2), Stats., on November 23, 2021. The analysis below was prepared by the department. ANALYSIS
Explanation of Agency Authority: Chapter Trans 134 administratively interprets s. 341.14 (6r) (fm), Stats., as authorized by s. 341.14 (6r) (fm) (6), Stats. Section 85.16, Stats., grants the department authority to make rules deemed necessary to the discharge of the powers, duties, and functions vested in the department. Section 227.11 (1) (a), Stats., provides executive agencies with authority to promulgate rules interpreting the provisions of any statute administered by the agency if the agency considers it necessary to effectuate the purpose of the statute. The department believes these rules are necessary to effectuate the purpose of s. 341.14 (6r) (fm), Stats. Plain Language Analysis:
Chapter Trans 134 administratively interprets s. 341.14 (6r) (fm), Stats., as authorized by s. 341.14 (6r) (fm) (6), Stats. Specifically, it establishes procedures for the designation of authorized special groups and the issuance or discontinuation of issuance of special group plates to members of an authorized special group including application procedures, eligibility determination procedures, license plate reservation, and sale procedures and discontinuance of license plate sale procedures for groups desiring to be designated as an authorized special group. The process for obtaining special group plates under this rule is intended to be used by groups interested in sponsoring an authorized special group license plate. These plates provide recognition for the group. A group may also receive contributions from the collection of annual $25 donations with the issuance of each plate and each subsequent registration renewal. Groups may choose not to accept donations for the plates.
In the past, groups needed to apply to their local state legislators to sponsor a bill to authorize issuance of special group license plates. The bill needed to be approved by the Wisconsin State Legislature and signed into law by the governor. 2015 Wisconsin Act 227 changed that process. Under this new process, groups apply directly to the Division of Motor Vehicles (DMV) for a special group plate under s. 341.14 (6r) (fm), Stats. Under current law, to apply under this new process, groups must pay a $15,500 fee for development costs and collect signatures from 500 Wisconsin residents who intend to purchase the special plates. If authorized, the group must maintain 500 valid special plate registrations after 3 years, or DMV will discontinue issuing the plates and stickers associated with the plates. This rulemaking describes the manner in which DMV will administer the plate and sticker discontinuance consistent with statutory requirements.
Any group or organization may apply for special group license plates. All groups are subject to the approval process.
To apply, an applicant must provide the department with all of the requirements of s. 341.14 (6r) (fm) 2., Stats., including:
—500 signatures from Wisconsin residents supporting the group’s special group. (see 341.14 (6r) (fm) 2. f., Stats.)
—A completed application form MV2090 Authorized Special Group License Plate Application and Signature Page. (see s. Trans 134.03 (1) (a).) Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
The federal government does not issue license plates for automobiles. No existing or proposed federal regulations address the issuance of license plates to special groups.
Comparison with Rules in Adjacent States:
Illinois. The Illinois special plates program is defined in 625 ILCS 5/3-600. It defines the program in this manner:
Illinois Compiles Statutes, s. 3-600. Requirements for issuance of special plates.
(a) The Secretary of State shall issue only special plates that have been authorized by the General Assembly. Except as provided in subsection (a-5), the Secretary of State shall not issue a series of special plates, or Universal special plates associated with an organization authorized to issue decals for Universal special plates, unless applications, as prescribed by the Secretary, have been received for 2,000 plates of that series. Where a special plate is authorized by law to raise funds for a specific civic group, charitable entity, or other identified organization, or when the civic group, charitable entity, or organization is authorized to issue decals for Universal special license plates, and where the Secretary of State has not received the required number of applications to issue that special plate within 2 years of the effective date of the Public Act authorizing the special plate or decal, the Secretary of State's authority to issue the special plate or a Universal special plate associated with that decal is nullified. All applications for special plates shall be on a form designated by the Secretary and shall be accompanied by any civic group's, charitable entity's, or other identified fundraising organization's portion of the additional fee associated with that plate or decal. All fees collected under this Section are non-refundable and shall be deposited in the special fund as designated in the enabling legislation, regardless of whether the plate or decal is produced. Upon the adoption of this amendatory Act of the 99th General Assembly, no further special license plates shall be authorized by the General Assembly unless that special license plate is authorized under subsection (a-5) of this Section.
Iowa.
There is a legislative and an administrative process for the creation of new special license plates. For the creation of a special plate through the legislative process, the special license plate concept must be in the form of legislation sponsored by a state senator or state representative, or by a Senate or House committee. The legislation must follow the traditional process of being approved by both the Senate and the House before being sent to the governor for final approval. An alternate administrative process for the creation of a special license plate is established in Iowa Administrative Code section 761, Chapter 401. Through this administrative process, any individual, group, or State department may submit a proposal for a new special license plate to the Department of Transportation (DOT). If the DOT approves the proposal, then the requestor has one calendar year to submit 500 paid applications before the new plate can be manufactured or issued. Michigan.
In Michigan, fundraising plates (a non-profit benefits from plate sales & renewals) must be created statutorily. The number of different designs available for sale is capped at 20, and the beneficiary organization must pay for the upfront costs incurred by the Department of State for developing the plates and making them available for sale.
In addition to the initial startup payment, the organization must file an annual report accounting for the disposition of the proceeds, as well as maintain a sales quota, in order for the plates to remain available for sale for new registrations under s. MCLA 257.811h:
—2,000 plates sold the first year the plate is made available for purchase,
