Amendment ASA1-SB20

LRBs0140/2

ARG:jld:jf

2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 20

October 24, 2007 - Offered by Representative Musser.

SB20-ASA1,1,8 An Act to renumber and amend 341.14 (6r) (g); to amend 341.135 (2m), 341.14 (6m) (a), 341.14 (6r) (b) 9., 341.14 (6r) (c), 341.14 (6r) (d) 1., 341.14 (6r) (f) 33., 341.14 (6r) (fm) 7. and 341.14 (8) (a) and (b); and to create 341.08 (2) (f), 341.14 (6m) (d), 341.14 (6r) (d) 3. and 4., 341.14 (6r) (f) 49p. and 341.14 (6r) (g) 2. of the statutes; relating to: special distinguishing registration plates for fire fighters and their surviving spouses, rescue squad members, emergency medical technicians, groups that are military in nature, and members of the national guard.

Analysis by the Legislative Reference Bureau

Under current law, members of authorized special groups may obtain special distinguishing registration plates for automobiles and certain other vehicles that are owned or leased by members of these groups. There are special plates for fire fighters, rescue squad members, and emergency medical technicians (EMTs) and numerous special plates related to military service, military honors, and groups associated with a branch of the armed services (military special plates). State residents who are members or retired members of the national guard may obtain special plates that display the words "Wisconsin guard member" (national guard special plates). Subject to certain limitations, the Department of Transportation (DOT) specifies the design for special plates. Military special plates must be colored red, white, and blue. If a person issued special fire fighter plates, rescue squad member plates, or EMT plates is no longer a fire fighter, rescue squad member, or EMT, the person must dispose of the special plates in a manner prescribed by DOT. If military special plates have been issued to a person, upon application by the surviving spouse of that person, DOT may permit the surviving spouse to retain these special plates.

Current law also 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 substitute amendment adds as special group members, authorized to obtain special fire fighter plates, surviving spouses of fire fighters who die in the line of duty. In addition, if a fire fighter has been issued special fire fighter plates and the fire fighter dies in the line of duty, DOT must allow the surviving spouse of the fire fighter, upon application to DOT, to retain the special fire fighter plates. DOT must also allow the surviving spouse, upon request, to change the plate from a personalized plate to a standard plate or from a standard plate to a personalized plate. If the special plates were surrendered or returned to DOT within the prior two years, DOT must reissue the plates. The substitute amendment also modifies current law to make these special plate retention, modification, and reissuance provisions applicable to military special plates. The substitute amendment further provides that, if a person issued special fire fighter plates, rescue squad member plates, or EMT plates suffers an injury in the course of his or her job duties as a fire fighter, rescue squad member, or EMT and the injury prevents the person from subsequently performing his or her job duties, the person may retain these special plates.

Under this substitute amendment, if an applicant for initial issuance of national guard special plates identifies himself or herself as a member or former member of the 32nd "Red Arrow" Brigade or Division, DOT must affix to each special plate two decals (stickers), one of which displays the words "Red Arrow" and the other of which displays the red arrow symbol associated with the 32nd "Red Arrow" Brigade or Division. An applicant for renewal of registration of national guard special plates may also receive these stickers, free of charge, if these stickers were not previously affixed by DOT to the applicant's national guard special plates.

This substitute amendment also establishes as an authorized special group members or former members of the 32nd "Red Arrow" Brigade or Division. 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, which fee is mostly deposited in the veterans trust fund. These special plates must display the words "Red Arrow" and the red arrow symbol associated with the 32nd "Red Arrow" Brigade or Division.

This substitute amendment requires military special plates to have background coloring identical to that specified by DOT for such plates issued immediately prior to December 4, 2006 (red at the top of the plate, shaded into white in the middle of the plate, and shaded into blue at the bottom of the plate) and to display the name of the special group in letters of a size equal to the letters in the word "Wisconsin" on the plates. The substitute amendment also prohibits DOT from specifying a design for military special plates unless the design is approved in writing by the secretary of veterans affairs or his or her designee, the chairperson of the Council on Veterans Programs or his or her designee, and the chairperson of the Board of Veterans Affairs or his or her designee. The substitute amendment also exempts these military special plates from the ten-year redesign cycle.

This substitute amendment also requires special plates for fire fighters and EMTs to be the same color and design that was specified by DOT for these plates immediately prior to December 4, 2006. The substitute amendment exempts these special plates from the ten-year redesign cycle.

Under current law, DOT must consult with or obtain the approval of the adjutant general with respect to any word or symbol used to identify the national guard on national guard special plates. This substitute amendment eliminates the consultation option, thereby requiring DOT to obtain approval.

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

SB20-ASA1, s. 1 Section 1. 341.08 (2) (f) of the statutes is created to read:

SB20-ASA1,3,4 341.08 (2) (f) If the application is for registration of a vehicle under s. 341.14 (6m), an opportunity for the applicant to identify himself or herself as a member or former member of the 32nd "Red Arrow" Brigade or Division.

SB20-ASA1, s. 2 Section 2. 341.135 (2m) of the statutes is amended to read:

SB20-ASA1,3,9 341.135 (2m) Applicability. This section does not apply to special group plates under s. 341.14 (6r) (f) 19m., 33., and 48. or to other special group plates under s. 341.14 (6r) (f) for groups associated with a branch of the armed services or a related organization.

SB20-ASA1, s. 3 Section 3. 341.14 (6m) (a) of the statutes is amended to read:

SB20-ASA1,4,10 341.14 (6m) (a) Upon application to register an automobile or a 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 or retired member of the national guard, the department shall issue to the person special plates whose colors and design shall be determined by the department and which have the words "Wisconsin guard member" placed on the plates in the manner designated by the department. The department shall consult with or obtain the approval of the adjutant general with respect to any word or symbol used to identify the national guard. An additional fee of $15 shall be charged for the issuance or reissuance of the plates. Registration plates issued under this subsection shall expire annually.

SB20-ASA1, s. 4 Section 4. 341.14 (6m) (d) of the statutes is created to read:

SB20-ASA1,4,18 341.14 (6m) (d) 1. If an applicant for initial issuance of special plates under this subsection identifies himself or herself in the application as a member or former member of the 32nd "Red Arrow" Brigade or Division, the department shall affix to each plate issued under this subsection 2 decals related to the 32nd "Red Arrow" Brigade or Division. One decal shall display only the words "Red Arrow." The other decal shall display only the red arrow symbol associated with the 32nd "Red Arrow" Brigade or Division.

SB20-ASA1,4,25 2. Upon receiving any application for renewal of registration of a vehicle for which special plates have been issued under this subsection, if the applicant identifies himself or herself in the application as a member or former member of the 32nd "Red Arrow" Brigade or Division and if the department has not previously issued plates with decals affixed as provided under subd. 1. or 3., the department shall provide decals described in subd. 1. to the applicant, free of charge, with instructions for placement of the decals on the special plates.

SB20-ASA1,5,6 3. Notwithstanding subd. 2., upon receiving any application for renewal of registration of a vehicle for which special plates have been issued under this subsection, if the applicant identifies himself or herself in the application as a member or former member of the 32nd "Red Arrow" Brigade or Division and if the department is required under s. 341.135 (2) to issue new registration plates for the vehicle, the department shall affix to the plates decals described in subd. 1.

SB20-ASA1,5,8 4. This paragraph also applies to personalized registration plates issued under s. 341.145 (1g) (a).

SB20-ASA1, s. 5 Section 5. 341.14 (6r) (b) 9. of the statutes is amended to read:

SB20-ASA1,5,15 341.14 (6r) (b) 9. A fee of $15 shall be charged for the issuance or reissuance of a plate for a special group specified under par. (f) 1. to 19., 20. to 32., 49. to 49s., 51., or 56. All moneys received under this subdivision in excess of the initial costs of production of the special group plates under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 49d., 49h., 49p., 49s., and 56. or $37,800, whichever is less, shall be deposited in the veterans trust fund.

SB20-ASA1, s. 6 Section 6. 341.14 (6r) (c) of the statutes is amended to read:

SB20-ASA1,6,12 341.14 (6r) (c) 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 Except as otherwise provided in this paragraph, 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 the special group under par. (f) 50.,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., and the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s, and the department of tourism and chief executive officer of the organization specified in par. (f) 56. 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 56. 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. Notwithstanding par. (e), special group plates under par. (f) 33. and 48. shall be the same color and design that was specified by the department for such plates immediately prior to December 4, 2006.

SB20-ASA1, s. 7 Section 7. 341.14 (6r) (d) 1. of the statutes is amended to read:

SB20-ASA1,6,24 341.14 (6r) (d) 1. Subject to subd. subds. 2. to 4. and par. (c), 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 associated with a branch of the armed services or a related organization after consultation with the appropriate state or federal representative of that service or organization. Special group plates for a group associated with a branch of the armed services or a related organization shall be colored red, white, and blue and, if the plates are issued after the effective date of this subdivision .... [revisor inserts date], shall have background coloring identical to that specified by the department for such plates issued immediately prior to December 4, 2006, and display the name of the applicable authorized special group in letters of a size equal to the letters in the word "Wisconsin" displayed on the plate.

SB20-ASA1, s. 8 Section 8. 341.14 (6r) (d) 3. and 4. of the statutes are created to read:

SB20-ASA1,7,7 341.14 (6r) (d) 3. The department may not specify a design for special group plates for a group associated with a branch of the armed services or a related organization unless the design is approved in writing by the secretary of veterans affairs or his or her designee, the chairperson of the council on veterans programs or his or her designee, and the chairperson of the board of veterans affairs or his or her designee. This subdivision does not apply to special group plates under par. (f) 19m.

SB20-ASA1,7,9 4. Special group plates under par. (f) 49p. shall display the words "Red Arrow" and the red arrow symbol associated with the 32nd "Red Arrow" Brigade or Division.

SB20-ASA1, s. 9 Section 9. 341.14 (6r) (f) 33. of the statutes is amended to read:

SB20-ASA1,7,12 341.14 (6r) (f) 33. Fire fighters and surviving spouses of fire fighters who die in the line of duty.

SB20-ASA1, s. 10 Section 10. 341.14 (6r) (f) 49p. of the statutes is created to read:

SB20-ASA1,7,15 341.14 (6r) (f) 49p. Members or former members of the 32nd "Red Arrow" Brigade or Division.

SB20-ASA1, s. 11 Section 11. 341.14 (6r) (fm) 7. of the statutes is amended to read:

SB20-ASA1,7,22 341.14 (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) 3m., 6m., 9g., 9m., 12g., 12m., 19m., 49d., 49h., 49p., 49s., 54., 55., 55m., 56. and 57.

SB20-ASA1, s. 12 Section 12. 341.14 (6r) (g) of the statutes is renumbered 341.14 (6r) (g) 1. and amended to read:

SB20-ASA1,8,8 341.14 (6r) (g) 1. If Except as provided in subd. 2. and sub. (8) (a), if an individual in possession of special plates under par. (f) 33., 34. or 48. or of personalized plates under s. 341.145 (1) (c) of the same color and design as special plates under par. (f) 33., 34. or 48. does not maintain membership in the applicable authorized special group during a year that is not a plate issuance year, the individual shall dispose of the special plates in a manner prescribed by the department. This subdivision does not apply to plates issued to the surviving spouse of a fire fighter who died in the line of duty.

SB20-ASA1, s. 13 Section 13. 341.14 (6r) (g) 2. of the statutes is created to read:

SB20-ASA1,8,15 341.14 (6r) (g) 2. If an individual in possession of special plates under par. (f) 33., 34., or 48. or of personalized plates under s. 341.145 (1) (c) of the same color and design as special plates under par. (f) 33., 34., or 48. suffers an injury in the course of his or her job duties as a fire fighter, rescue squad member, or emergency medical technician and the injury prevents the individual from subsequently performing such job duties, the individual may retain these special plates.

SB20-ASA1, s. 14 Section 14. 341.14 (8) (a) and (b) of the statutes are amended to read:

SB20-ASA1,8,25 341.14 (8) (a) If a special plate for a group associated with a branch of the armed services or otherwise military in nature has been issued to a person under this section, or if a special plate under sub. (6r) (f) 33. has been issued to a person who dies in the line of duty, upon application by the surviving spouse of the person, the department may shall permit the surviving spouse to retain the plate. If the plate has been returned to the department or surrendered to another state, the department may shall reissue the plate to the surviving spouse if the application for reissuance of the plate is made within 2 years of the plate's return or surrender. The department shall charge an additional fee of $15 to reissue the plate.

SB20-ASA1,9,5 (b) For a plate retained or reissued under this subsection, upon request of the surviving spouse, the department may shall change the plate from a personalized plate to a standard plate. Upon request of a surviving spouse and upon payment of the additional fee under s. 341.145 (3), the department may shall personalize the plate or modify any existing personalization to the plate.

SB20-ASA1, s. 15 Section 15 . Nonstatutory provisions.