LRB-0036/1
ARG:eev&sac:rs
2013 - 2014 LEGISLATURE
September 24, 2013 - Introduced by Senators Jauch,
L. Taylor and Hansen,
cosponsored by Representatives
Bewley, Kahl, Spiros, Ohnstad, Ringhand,
Pope and Wright. Referred to Committee on Transportation, Public Safety,
and Veterans and Military Affairs.
SB305,1,5
1An Act to renumber and amend 341.14 (6r) (b) 1m.;
to amend 341.14 (6r) (b)
21., 341.14 (6r) (c) and 341.14 (6r) (fm) 7.; and
to create 20.395 (5) (ei), 25.40 (1)
3(a) 30., 341.14 (6r) (b) 1m. b., 341.14 (6r) (b) 15., 341.14 (6r) (f) 63. and 341.14
4(10) of the statutes;
relating to: special registration plates honoring this state's
5support of the United States Olympic Committee and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a group or organization that meets certain criteria 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 registration plates for certain vehicles, including
automobiles and motor homes, that are owned or leased by special group members.
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. 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.
This bill establishes an authorized special group specifically enumerated in
state law for persons interested in obtaining special plates honoring this state's
support of the United States Olympic Committee. 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 to annually include payment of $25 that provides
funds in equal amounts to Pettit National Ice Center, Inc., the Central Cross Country
Ski Association, and the United States Olympic Committee. The bill requires the
special plates to display a logo or symbol associated with the United States Olympic
Committee. DOT may not specify a design for the plates unless the design is
approved by the United States Olympic Committee. DOT may not issue these special
plates until DOT has obtained authority to use any applicable trademark or service
mark associated with the United States Olympic Committee on these special plates
and until DOT receives contributions from interested persons in the amount of the
initial costs of production of these special plates or $11,800, whichever is less.
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:
SB305,1
1Section
1. 20.395 (5) (ei) of the statutes is created to read:
SB305,2,42
20.395
(5) (ei)
Payments related to United States Olympic Committee plates. 3From the general fund, all moneys received under s. 341.14 (6r) (b) 15. for payments
4as provided in s. 341.14 (10) (a).
SB305,2
5Section
2. 25.40 (1) (a) 30. of the statutes is created to read:
SB305,2,86
25.40
(1) (a) 30. Moneys received under s. 341.14 (6r) (b) 15. that are deposited
7into the general fund and credited to the appropriation account under s. 20.395 (5)
8(ei).
SB305,3
9Section
3. 341.14 (6r) (b) 1. of the statutes is amended to read:
SB305,3,1910
341.14
(6r) (b) 1. Subject to subd. 1m., upon application to register an
11automobile or motor home, or a motor truck, dual purpose motor home or dual
12purpose farm truck which has a gross weight of not more than 8,000 pounds, or a
13farm truck which has a gross weight of not more than 12,000 pounds, by any person
14who is a resident of this state and a member of an authorized special group, the
15department shall issue to the person special plates whose colors and design shall
1indicate that the vehicle is owned by a person who is a member of the applicable
2special group. The department may not issue any special group plates under par. (f)
355., 60., or 61r. until 6 months after the department has received information
4sufficient for the department to determine that any approvals required for use of any
5logo, trademark, trade name or other commercial symbol designating the
6professional football team or professional baseball team or associated with
7Harley-Davidson, Inc., have been obtained. Subject to
sub. subs. (9) (d)
and (10) (d),
8the department may not issue any special group plates under par. (f) 61m.
or 63. until
9the department has received information sufficient for the department to determine
10that any license or other approval required for use of any logo, trademark or service
11mark, trade name or other commercial symbol to be used on or in association with
12these plates has been obtained. Notwithstanding s. 341.12 (2), if the department of
13corrections does not have flat-plate technology available for use in manufacturing
14license plates at quality and cost comparable to that available from the state of
15Minnesota, the department of transportation may not issue any special group plates
16under par. (f) 59. unless the department of transportation purchases the plates from
17the state of Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765,
1816.77, and 16.82 do not apply to purchases of plates issued under par. (f) 59. from the
19state of Minnesota.
SB305,4
20Section
4. 341.14 (6r) (b) 1m. of the statutes is renumbered 341.14 (6r) (b) 1m.
21a. and amended to read:
SB305,4,2122
341.14
(6r) (b) 1m. a. Upon receipt of contributions totaling an amount equal
23to the initial costs of production of the special group plates under par. (f) 61. or
24$11,800, whichever is less, from Marquette University or other persons interested
25in the special group plates under par. (f) 61., the department shall commence any
1development work necessary to implement the provisions of par. (f) 61. and related
2provisions under this subsection and shall complete the development work within 6
3months of its commencement. The development work under this
subdivision subd.
41m. a. shall be funded only from the appropriation under s. 20.395 (4) (ch) from
5contributions received by the department for purposes of this
subdivision subd. 1m.
6a. If the department does not receive, by June 30, 2013, sufficient contributions to
7commence development work under this
subdivision
subd. 1m. a., the department
8may not commence development work under this
subdivision subd. 1m. a. and shall
9promptly return to each contributor all contributions, less a transaction fee of no
10more than $2.50 per contributor for costs associated with the return of contributions,
11received by the department for purposes of this
subdivision subd. 1m. a. If the
12department receives contributions in excess of the amount necessary to commence
13development work under this
subdivision subd. 1m. a., the department shall
14discontinue receiving contributions under this
subdivision subd. 1m. a. and
15promptly return to each contributor all contributions, less a transaction fee of no
16more than $2.50 per contributor for costs associated with the return of contributions,
17received by the department after the department had received sufficient
18contributions. No contribution received by the department under this
subdivision 19subd. 1m. a. may be applied to any fee established under subd. 2. The department
20may not issue any special group plates under par. (f) 61. until the department has
21completed the development work specified in this
subdivision subd. 1m. a.
SB305,5
22Section
5. 341.14 (6r) (b) 1m. b. of the statutes is created to read:
SB305,5,2123
341.14
(6r) (b) 1m. b. Upon receipt of contributions totaling an amount equal
24to the initial costs of production of the special group plates under par. (f) 63. or
25$11,800, whichever is less, from persons interested in the special group plates under
1par. (f) 63., the department shall commence any development work necessary to
2implement the provisions of par. (f) 63. and related provisions under this subsection
3and shall complete the development work within one year of its commencement. The
4development work under this subd. 1m. b. shall be funded only from the
5appropriation under s. 20.395 (4) (ch) from contributions received by the department
6for purposes of this subd. 1m. b. If the department does not receive, by June 30, 2017,
7sufficient contributions to commence development work under this subd. 1m. b., the
8department may not commence development work under this subd. 1m. b. and shall
9promptly return to each contributor all contributions, less a transaction fee of no
10more than $2.50 per contributor for costs associated with the return of contributions,
11received by the department for purposes of this subd. 1m. b. If the department
12receives contributions in excess of the amount necessary to commence development
13work under this subd. 1m. b., the department shall discontinue receiving
14contributions under this subd. 1m. b. and promptly return to each contributor all
15contributions, less a transaction fee of no more than $2.50 per contributor for costs
16associated with the return of contributions, received by the department after the
17department had received sufficient contributions. No contribution received by the
18department under this subd. 1m. b. may be applied to any fee established under
19subd. 2. The department may not issue any special group plates under par. (f) 63.
20until the department has completed the development work specified in this subd. 1m.
21b.
SB305,6
22Section
6. 341.14 (6r) (b) 15. of the statutes is created to read:
SB305,6,1323
341.14
(6r) (b) 15. Subject to sub. (10) (d), a voluntary payment of $25 that is
24in addition to the fee under subd. 2. shall be collected in connection with the issuance
25or renewal of a plate issued on an annual basis for the special group specified under
1par. (f) 63. Subject to sub. (10) (d), a voluntary payment of $50 that is in addition to
2the fee under subd. 2. shall be collected in connection with the issuance or renewal
3of a plate issued on a biennial basis for the special group specified under par. (f) 63.
4if the plate is issued or renewed during the first year of the biennial registration
5period or $25 for the issuance or renewal if the plate is issued or renewed during the
62nd year of the biennial registration period. No plate may be issued for the special
7group specified under par. (f) 63. unless the voluntary payment under this
8subdivision is collected. All moneys received under this subdivision in excess of the
9initial costs of production of the special group plate under par. (f) 63. or $11,800,
10whichever is less, shall be deposited into the general fund and credited to the
11appropriation under s. 20.395 (5) (ei). To the extent permitted under ch. 71, the
12voluntary payment under this subdivision is deductible as a charitable contribution
13for purposes of the taxes under ch. 71.
SB305,7
14Section
7. 341.14 (6r) (c) of the statutes is amended to read:
SB305,8,415
341.14
(6r) (c) Special group plates shall display the word "Wisconsin", the
16name of the applicable authorized special group, a symbol representing the special
17group, not exceeding one position, and identifying letters or numbers or both, not
18exceeding 6 positions and not less than one position. Except as provided in this
19paragraph, the department shall specify the design for special group plates, but the
20department shall consult the president of the University of Wisconsin System before
21specifying the word or symbol used to identify the special groups under par. (f) 35.
22to 47., the secretary of natural resources before specifying the word or symbol used
23to identify the special groups under par. (f) 50. and 59., the chief executive officer of
24the professional football team and an authorized representative of the league of
25professional football teams described in s. 229.823 to which that team belongs before
1specifying the design for the applicable special group plate under par. (f) 55., the chief
2trademark officer of Harley-Davidson Michigan, LLC before specifying the design
3for the applicable special group plate under par. (f) 61r., the department of veterans
4affairs before specifying the design for the special group plates under par. (f) 49d.,
549h., and 49s., and the department of tourism and chief executive officer of the
6organization specified in par. (f) 55m. before specifying the design and word or
7symbol used to identify the special group name for special group plates under par.
8(f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to
9regular registration plates in color and design. The department shall make available
102 designs for the special group plates under par. (f) 60. The department may not
11specify any design for the special group plates under par. (f) 60. unless the design is
12approved by the executive vice president of the Milwaukee Brewers Baseball Club
13LP. The word or symbol used to identify the special group under par. (f) 59. shall be
14different from the word or symbol used to identify the special group under par. (f) 50.
15and the design shall cover the entire plate. Special group plates under par. (f) 61m.
16shall display a logo or image of the lion associated with the Lions Clubs
17International. Special group plates under par. (f) 61r. shall display a bar and shield
18logo associated with Harley-Davidson, Inc., on the left portion of the plates and the
19words "share the road" on the bottom portion of the plates.
Special group plates
20under par. (f) 63. shall display a logo or symbol associated with the United States
21Olympic Committee and the department may not specify any design for the special
22group plates under par. (f) 63. unless the design is approved by the United States
23Olympic Committee, with a new approval required for each new design of these
24plates under s. 341.135. Notwithstanding par. (e), special group plates under par.
25(f) 33m. and 48m. shall be the same color and design that was specified by the
1department for special group plates under par. (f) 33. and 48., respectively,
2immediately prior to January 1, 2007. The design for special group plates under par.
3(f) 33. and 48. shall be different from the design of special group plates under par. (f)
433m. and 48m., respectively.
SB305,8
5Section
8. 341.14 (6r) (f) 63. of the statutes is created to read:
SB305,8,76
341.14
(6r) (f) 63. Persons interested in obtaining a plate honoring this state's
7support of the United States Olympic Committee.
SB305,9
8Section
9. 341.14 (6r) (fm) 7. of the statutes is amended to read:
SB305,8,159
341.14
(6r) (fm) 7. After October 1, 1998, additional authorized special groups
10may only be special groups designated by the department under this paragraph. The
11authorized special groups enumerated in par. (f) shall be limited solely to those
12special groups specified under par. (f) on October 1, 1998. This subdivision does not
13apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,
1415m., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m.,
15and 61r.
, and 63.
SB305,10
16Section
10. 341.14 (10) of the statutes is created to read:
SB305,8,1917
341.14
(10) (a) Subject to par. (c), from the appropriation under s. 20.395 (5)
18(ei), the department shall make payments to all of the following, in amounts as equal
19as possible if the department issues special group plates under sub. (6r) (f) 63.:
SB305,8,2020
1. Pettit National Ice Center, Inc.
SB305,8,2121
2. The Central Cross Country Ski Association.
SB305,8,2222
3. The United States Olympic Committee.
SB305,9,223
(b) For each year in which the department makes payments to it under par. (a),
24Pettit National Ice Center, Inc., the Central Cross Country Ski Association, and the
25United States Olympic Committee shall submit to the presiding officer of each house
1of the legislature an audited financial statement of its use of the payments under this
2subsection, prepared in accordance with generally accepted accounting principles.
SB305,9,63
(c) The department shall discontinue payments to any recipient identified in
4this subsection if the recipient dissolves, becomes insolvent, files a petition for
5bankruptcy, or is no longer exempt from taxation under section
501 (a) of the Internal
6Revenue Code.
SB305,9,117
(d) 1. If the special group plates under sub. (6r) (f) 63. will display any logo,
8trademark or service mark, trade name, or other commercial symbol associated with
9the United States Olympic Committee, the department may not issue any plates
10under sub. (6r) (f) 63. unless the approval specified in sub. (6r) (b) 1. for these plates
11provides for all of the following:
SB305,9,1312
a. That the approval is irrevocable with respect to all plates issued for vehicles
13after the plates are issued for these vehicles.
SB305,9,1714
b. That, if the approval is withdrawn, the department may continue to renew
15the registration of vehicles previously issued plates under sub. (6r) (f) 63., without
16replacing those plates, but the department shall discontinue charging the voluntary
17payment specified in sub. (6r) (b) 15. with respect to these renewals.
SB305,9,2118
2. Notwithstanding sub. (6r) (b) 1. and (f) (intro.), if the approval specified in
19sub. (6r) (b) 1. for plates issued under sub. (6r) (f) 63. is withdrawn, the department
20shall discontinue issuing plates under sub. (6r) (f) 63. unless additional approval, as
21specified in this paragraph and sub. (6r) (b) 1., is obtained by the department.
SB305,9,2423
(1)
This act takes effect on the first day of the 7th month beginning after
24publication.
