SB36: Bill Text

LRB-2035/2

PEN&TNF:jlg:jf

1999 - 2000 LEGISLATURE

1999 Senate BILL 36

February 10, 1999 - Introduced by Senators Drzewiecki, Fitzgerald, Schultz, Darling, Farrow, Rosenzweig, Roessler, Welch, Panzer, Huelsman, Zien and Wirch, cosponsored by Representatives Montgomery, Gard, Ryba, Urban, Huebsch, Sykora, Turner, Ainsworth, F. Lasee, Hahn, Handrick, Seratti and Kreuser. Referred to Committee on Insurance, Tourism, Transportation and Corrections.

SB36,1,8 An Act to amend 341.14 (6r) (b) 1., 341.14 (6r) (b) 3., 341.14 (6r) (c), 341.14 (6r) (e) and 341.14 (6r) (fm) 7.; and to create 16.25, 20.395 (5) (cL), 20.455 (2) (jp), 20.505 (3) (j), 25.40 (1) (a) 18., 165.86 (3), 341.14 (6r) (b) 7., 341.14 (6r) (f) 54. and 341.14 (6r) (h) of the statutes; relating to: special distinguishing registration plates associated with the Green Bay Packers professional football team, payments to D.A.R.E. Wisconsin, Ltd., Boys and Girls Clubs of Wisconsin, the University of Wisconsin Children's Hospital and Clinics and the Children's Hospital of Wisconsin, Inc., and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, members of authorized special groups may obtain special distinguishing registration plates for certain vehicles registered with the department of transportation (DOT). Special plates may be obtained for automobiles, station wagons, motor homes and certain dual purpose motor homes, farm trucks and dual purpose farm trucks 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 assessed for the issuance or reissuance of most special plates.

Members of authorized special groups related to certain campuses of the University of Wisconsin (UW) System or to the support of endangered or threatened species pay an additional annual fee as a tax deductible contribution to the UW System or to the endangered resources program administered by the department of natural resources.

This bill establishes an authorized special group for persons interested in obtaining special distinguishing registration plates expressing their support of the Green Bay Packers, a professional football team. Special group plates related to the Green Bay Packers may not be issued by DOT unless any approvals that are required for use of an applicable logo, trademark, trade name or commercial symbol designating the team have been obtained.

In addition to the regular vehicle registration fee, the special group members are required to pay a $15 fee for issuance or reissuance of the special plates and an additional $25 annual fee as a tax deductible contribution that, after payment of certain data processing and licensing fee costs, provides funds in equal amounts to D.A.R.E. Wisconsin, Ltd., a nonprofit corporation, for programs and activities relating to drug abuse resistance education and for the payment of marketing costs relating to the special group plates, to Boys and Girls Clubs of Wisconsin, to UW Children's Hospital and Clinics and to Children's Hospital of Wisconsin, Inc. Under the bill, D.A.R.E. Wisconsin, Ltd., is required to annually submit an audited financial statement of its use of the funds received from these tax deductible contributions. Funding to D.A.R.E. Wisconsin, Ltd., is discontinued if the nonprofit organization dissolves or loses its tax-exempt status under federal law.

Current law also prohibits enumerating special group license plates by legislative action. Instead, members of special groups desiring a special group license plate must apply to DOT for designation. This bill creates an exception to this administrative process.

For further information see the state and local 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:

SB36, s. 1 Section 1. 16.25 of the statutes is created to read:

SB36,2,6 16.25 Contributions from proceeds of special license plates. The secretary of administration shall make payments in equal amounts from the appropriation under s. 20.505 (3) (j) to the Boys and Girls Clubs of Wisconsin, to the University of Wisconsin Children's Hospital and Clinics and to the Children's Hospitals of Wisconsin, Inc.

SB36, s. 2 Section 2. 20.395 (5) (cL) of the statutes is created to read:

SB36,3,3 20.395 (5) (cL) Licensing fees, state funds. From the general fund, all moneys received under s. 341.14 (6r) (b) 7. a. for the purpose of making payments of licensing fees under s. 341.14 (6r) (h).

SB36, s. 3 Section 3. 20.455 (2) (jp) of the statutes is created to read:

SB36,3,7 20.455 (2) (jp) D.A.R.E. Wisconsin, Ltd., payments. All moneys received under s. 341.14 (6r) (b) 7. b. for payments to D.A.R.E. Wisconsin, Ltd., under s. 165.86 (3) (a).

SB36, s. 4 Section 4. 20.505 (3) (j) of the statutes is created to read:

SB36,3,12 20.505 (3) (j) Contributions to charitable organizations. All moneys received under s. 341.14 (6r) (b) 7. c. for payments under s. 16.25 to the Boys and Girls Clubs of Wisconsin, to the University of Wisconsin Children's Hospital and Clinics and to the Children's Hospital of Wisconsin, Inc.

SB36, s. 5 Section 5. 25.40 (1) (a) 18. of the statutes is created to read:

SB36,3,16 25.40 (1) (a) 18. Moneys received under s. 341.14 (6r) (b) 7. that are deposited in the general fund and credited to the appropriations under ss. 20.395 (5) (cL), 20.455 (2) (jp) and 20.505 (3) (j).

SB36, s. 6 Section 6. 165.86 (3) of the statutes is created to read:

SB36,3,20 165.86 (3) (a) Enter into an agreement with D.A.R.E. Wisconsin, Ltd., to make payments from the appropriation under s. 20.455 (2) (jp) to D.A.R.E. Wisconsin, Ltd., to fund any of the following:

SB36,3,24 1. Programs and activities relating to drug abuse resistance education, including law enforcement training to implement drug abuse resistance education programs in this state and to conduct public educational activities consistent with the purposes of D.A.R.E. Wisconsin, Ltd.

SB36,4,3 2. Reasonable costs relating to marketing of the special group plate under s. 341.14 (6r) (f) 54. D.A.R.E. Wisconsin, Ltd., may enter into a marketing agreement with any person to provide the services under this subdivision.

SB36,4,7 (b) The agreement under par. (a) shall require that D.A.R.E. Wisconsin, Ltd., annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under par. (a), prepared in accordance with generally accepted accounting principles.

SB36,4,10 (c) Payments to D.A.R.E. Wisconsin, Ltd., under par. (a) shall be discontinued by the department if D.A.R.E. Wisconsin, Ltd., dissolves or is no longer exempt from taxation under section 501 (c) of the Internal Revenue Code.

SB36, s. 7 Section 7. 341.14 (6r) (b) 1. of the statutes is amended to read:

SB36,4,23 341.14 (6r) (b) 1. Upon application to register an automobile, station wagon or 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 of an authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member of the applicable special group. The department may not issue any special group plates under par. (f) 54. until 6 months after the department has received information sufficient for the department to determine that any approvals required for use of any logo, trademark, trade name or other commercial symbol designating the professional football team have been obtained.

SB36, s. 8 Section 8. 341.14 (6r) (b) 3. of the statutes is amended to read:

SB36,5,12 341.14 (6r) (b) 3. An additional fee of $15 shall be charged for the issuance or reissuance of a plate issued on an annual basis for a special group specified under par. (f) 35. to 47. or, 53. or 54. or designated by the department under par. (fm). An additional fee of $15 shall be charged for the issuance or reissuance of a plate issued on a biennial basis for a special group specified under par. (f) 35. to 47. or, 53. or 54. or designated by the department under par. (fm) if the plate is issued during the first year of the biennial registration period or $15 for the issuance or reissuance if the plate is issued during the 2nd year of the biennial registration period. 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 subdivision for the issuance or reissuance of a plate for a special group designated by the department under par. (fm).

SB36, s. 9 Section 9. 341.14 (6r) (b) 7. of the statutes is created to read:

SB36,5,25 341.14 (6r) (b) 7. An additional fee of $25 that is in addition to the fee under subd. 3. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 54. An additional fee of $50 that is in addition to the fee under subd. 3. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 54. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. All moneys received under this subdivision in excess of the initial costs of data processing for the special group plate under par. (f) 54. or $35,000, whichever is less, shall be deposited in the general fund and credited as follows:

SB36,6,2 a. An amount equal to the costs of licensing fees under par. (h) shall be credited to the appropriation account under s. 20.395 (5) (cL).

SB36,6,4 b. One-fourth of the remainder after crediting the appropriation as provided in subd. 7. a. shall be credited to the appropriation account under s. 20.455 (2) (jp).

SB36,6,6 c. Three-fourths of the remainder after crediting the appropriation as provided in subd. 7. a. shall be credited to the appropriation account under s. 20.505 (3) (j).

SB36, s. 10 Section 10. 341.14 (6r) (c) of the statutes is amended to read:

SB36,6,20 341.14 (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 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 design for the special group plates under par. (f) 35. to 47., the secretary of natural resources before specifying the design for the special group plate under par. (f) 50. and the chief executive officer of the Green Bay Packers professional football team and an authorized representative of the National Football League before specifying the design for the applicable special group plate under par. (f) 53. 54. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

SB36, s. 11 Section 11. 341.14 (6r) (e) of the statutes is amended to read:

SB36,7,24 341.14 (6r) (e) The department shall specify one combination of colors for special group plates for groups or organizations which are not military in nature and not special group plates under par. (f) 35. to 47. and 50. The department, after consulting the president of the university of Wisconsin system, shall specify one combination of colors for special group plates under par. (f) 35. to 47. 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 or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization, except that the department may not specify the word or words or the symbol for special group plates under par. (f) 35. to 47. unless the word or words or symbol is approved in writing by the president of the university of Wisconsin system or, with respect to endangered resources, specify the word or words or the symbol for special group plates under par. (f) 50. unless the word or words or symbol is approved in writing by the secretary of natural resources or, with respect to the special group plate under par. (f) 54., specify the word or words or the symbol for the group unless the word or words and the symbol are approved in writing by the chief executive officer of the Green Bay Packers professional football team and an authorized representative of the National Football League or, with respect to child abuse and neglect prevention, specify any word or words other than "Children First" or the symbol for special group plates under par. (f) 53. unless the word or words or symbol is approved in writing by the child abuse and neglect prevention board. The president may not approve the word or words or symbol for a university specified under par. (f) 35. to 47. unless the chancellor of the university approves in writing the word or words or symbol. The department shall require that the word or words and symbol for a university specified under par. (f) 35. to 47. be a registration decal or tag and affixed to the special group plate and be of the colors for a university specified under par. (f) 35. to 47. that the president of the university of Wisconsin system specifies.

SB36, s. 12 Section 12. 341.14 (6r) (f) 54. of the statutes is created to read:

SB36,8,2 341.14 (6r) (f) 54. Persons interested in expressing their support of the Green Bay Packers professional football team.

SB36, s. 13 Section 13. 341.14 (6r) (fm) 7. of the statutes is amended to read:

SB36,8,9 341.14 (6r) (fm) 7. After Except for the authorized special group enumerated under par. (f) 54., 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, except for the authorized special group enumerated under par. (f) 54.

SB36, s. 14 Section 14. 341.14 (6r) (h) of the statutes is created to read:

SB36,8,13 341.14 (6r) (h) From the appropriation under s. 20.395 (5) (cL), the department shall pay reasonable licensing fees relating to the word or words or the symbol on special group plates under par. (f) 54.