AB666: Bill Text

LRB-3960/1

ARG:jld:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 666

January 22, 2010 - Introduced by Representatives Vruwink, Honadel, Ziegelbauer, Sinicki, Turner, Fields, Schneider, Zepnick and A. Ott, cosponsored by Senators Sullivan, Lehman, Taylor, Olsen, Schultz, Hansen, Wirch and Plale. Referred to Committee on Transportation.

AB666,1,4 An Act to amend 341.14 (6r) (b) 1., 341.14 (6r) (c), 341.14 (6r) (e) and 341.14 (6r) (fm) 7.; and to create 20.395 (5) (cs), 20.395 (5) (ct), 341.14 (6r) (b) 14., 341.14 (6r) (f) 61. and 341.14 (6r) (j) of the statutes; relating to: special distinguishing registration plates supporting motorcycle safety and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, any group or organization may apply to the Department of Transportation (DOT) for designation as an authorized special group. If the application is approved, members of the authorized special group may obtain special distinguishing registration plates for certain vehicles, including automobiles and motor homes, 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 charged for the issuance or reissuance of most special plates.

Before October 2, 1998, authorized special groups whose members may obtain special plates were specifically enumerated in state law. With certain exceptions, current law provides that specific enumeration in state law of authorized special groups is limited to those special groups enumerated before October 2, 1998.

This bill establishes an authorized special group specifically enumerated in state law for persons interested in supporting motorcycle safety. 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 and an additional $25 annual fee that, after paying applicable licensing fees, provides funds for the following activities under the Type 1 motorcycle, moped, and motor bicycle safety program administered by DOT: evaluation of basic rider education courses; conducting public workshops, rallies, and programs related to Type 1 motorcycle safety and training; and making grants for providing motorcycle riding courses. The bill requires these plates to display the words "share the road" and a logo associated with Harley-Davidson, Inc. The plates may not be issued until after DOT has obtained licensing rights for this logo.

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:

AB666, s. 1 Section 1. 20.395 (5) (cs) of the statutes is created to read:

AB666,2,7 20.395 (5) (cs) Motorcycle safety program supplement, state funds. All moneys received under s. 341.14 (6r) (b) 14. b., for activities under the Type 1 motorcycle, moped, and motor bicycle safety program under s. 85.30 limited to evaluation of basic rider education courses, conducting public workshops, rallies, and programs related to Type 1 motorcycle safety and training, and making grants for providing motorcycle riding courses.

AB666, s. 2 Section 2. 20.395 (5) (ct) of the statutes is created to read:

AB666,2,11 20.395 (5) (ct) Motorcycle safety plate licensing fees, state funds. All moneys received under s. 341.14 (6r) (b) 14. a. for the purpose of making payments of licensing fees under s. 341.14 (6r) (j).

AB666, s. 3 Section 3. 341.14 (6r) (b) 1. of the statutes, as affected by 2009 Wisconsin Act 28, section 2811, is amended to read:

AB666,3,15 341.14 (6r) (b) 1. Upon application to register an automobile 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) 55. or, 60., or 61. 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, respectively, the professional football team or the professional baseball team or associated with Harley-Davidson, Inc., have been obtained. Notwithstanding s. 341.12 (2), if the department of corrections does not have flat-plate technology available for use in manufacturing license plates at quality and cost comparable to that available from the state of Minnesota, the department of transportation may not issue any special group plates under par. (f) 59. unless the department of transportation purchases the plates from the state of Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765, 16.77, and 16.82 do not apply to purchases of plates issued under par. (f) 59. from the state of Minnesota.

AB666, s. 4 Section 4. 341.14 (6r) (b) 14. of the statutes is created to read:

AB666,4,2 341.14 (6r) (b) 14. An additional fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 61. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 61. 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. All moneys received under this subdivision, in excess of $43,200 for the initial costs of production of the special group plate under par. (f) 61., shall be credited as follows:

AB666,4,4 a. An amount equal to the costs of licensing fees under par. (j) shall be credited to the appropriation account under s. 20.395 (5) (ct).

AB666,4,6 b. The remainder after crediting the appropriation account as provided in subd. 14. a. shall be credited to the appropriation account under s. 20.395 (5) (cs).

AB666, s. 5 Section 5. 341.14 (6r) (c) of the statutes, as affected by 2009 Wisconsin Act 28, section 2818, is amended to read:

AB666,5,11 341.14 (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 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., the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the design for the applicable special group plate under par. (f) 61., 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) 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. The department shall make available 2 designs for the special group plates under par. (f) 60. The department may not specify any design for the special group plates under par. (f) 60. unless the design is approved by the executive vice president of the Milwaukee Brewers Baseball Club LP. The word or symbol used to identify the special group under par. (f) 59. shall be different from the word or symbol used to identify the special group under par. (f) 50. and the design shall cover the entire plate. Special group plates under par. (f) 61. shall display a bar and shield logo associated with Harley-Davidson, Inc., on the left portion of the plates and the words "share the road" on the bottom portion of the plates.

AB666, s. 6 Section 6. 341.14 (6r) (e) of the statutes, as affected by 2009 Wisconsin Act 28, section 2820, is amended to read:

AB666,6,3 341.14 (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., 50., and 59., for each professional football team under par. (f) 55., and for each professional baseball team under par. (f) 60. The department shall specify one combination of colors for special group plates under par. (f) 35. to 47. Subject to 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 or organization which is not military in nature after consultation with the chief executive officer in this state of the group or organization. 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. The department shall consult the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the colors for the special group plate under par. (f) 61.

AB666, s. 7 Section 7. 341.14 (6r) (f) 61. of the statutes is created to read:

AB666,6,5 341.14 (6r) (f) 61. Persons interested in supporting motorcycle safety.

AB666, s. 8 Section 8. 341.14 (6r) (fm) 7. of the statutes, as affected by 2009 Wisconsin Act 28, section 2824, is amended to read:

AB666,6,13 341.14 (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., 49s., 54., 55., 55m., 56., 57., 58., 59., and 60., and 61.

AB666, s. 9 Section 9. 341.14 (6r) (j) of the statutes is created to read:

AB666,6,17 341.14 (6r) (j) From the appropriation under s. 20.395 (5) (ct), the department shall pay reasonable licensing fees relating to the word or words or the symbol on, or otherwise required for, special group plates under par. (f) 61.

AB666, s. 10 Section 10. Nonstatutory provisions.

AB666,7,2 (1) Notwithstanding section 16.42 (1) (e) of the statutes, if this subsection takes effect in fiscal year 2010-11, in submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (5) (cq) of the statutes as though the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 2010-11 fiscal year was $43,200 less than the total amount that was actually appropriated under section 20.395 (5) (cq) of the statutes for the 2010-11 fiscal year.

AB666,7,5 (2) No later than the first day of the 3rd month beginning after the effective date of this subsection, the department of transportation shall consult with the chief trademark officer of Harley-Davidson Michigan, LLC regarding all of the following:

AB666,7,7 (a) The design and colors for the special group plates under section 341.14 (6r) (f) 61. of the statutes, as created by this act.

AB666,7,9 (b) The department of transportation's obtaining of the approval described in section 341.14 (6r) (b) 1. of the statutes, as affected by this act.

AB666, s. 11 Section 11. Fiscal changes.

AB666,7,15 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (cq) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $43,200 for the fiscal year in which this subsection takes effect to increase funding for special registration plates supporting motorcycle safety.

AB666, s. 12 Section 12. Effective date.

AB666,7,18 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB666,7,19 (End)