500 signatures from Wisconsin residents who intend to purchase the group’s special plate. (see s. 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. Illinois has two types of specialty plates. Printed plates specific to a group or organization are allowed only if authorized by the Illinois General Assembly. "Universal special plates," in contrast, are plates with a blank space into which a state--approved decal may be affixed. The requirements for these plates are defined in 625 ILCS 5/3-600:
Illinois Compiled Statutes, s. 5/3-600. 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 legislator, 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,
and 500 new plates each of the next 5 years,
and 500 new plates every 2 years thereafter.If the sales numbers are not met, the Department of State is required to cease sales of the plate.
Minnesota.
Under Minnesota law, new special plates must be created by legislative enactment. Under a 2003 law that was modified in 2010, proponents for a new special plate must submit an application to the Department of Public Safety that includes information on the plate, a proposed plate fee amount, an analysis of likely plate purchasers, an application fee to cover administrative costs, and a plate marketing plan. The department must provide information to the legislature on each special plate proposal, including determination of whether the application requirements have been met. Minn. Stat. s. 168.1293. Summary of the Factual Data and Analytical Methodologies:
The proposed modifications are not based on data analysis. The department is updating this rule to comply with 2015 Wisconsin Act 227. Analysis Regarding Rule’s Effect on Small Businesses:
This rulemaking is not expected to have any effect on small businesses. State registration plates do not compete with any products manufactured and sold in the private sector. Participation in a special plate program is entirely voluntary and is not required of any individual or business.
The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://docs.legis.wisconsin.gov/code. Place Where Comments may be Submitted:
A public hearing was held in-person at 4822 Madison Yards Way, Room N134, Madison, WI 53705 at 9:30 a.m. Comments could be submitted at the hearing, by postal mail, or by email to DOTAdminRules@dot.wi.gov. The published deadline for submission of comments was 4:30 p.m. on June 29, 2022. Agency Contact Person:
Reed McGinn
DMV Program Officer
Wisconsin Department of Transportation
4822 Madison Yards Way
Second Floor South
Madison, WI 53707
(608) 266-7857
TEXT OF RULE
Section 1. Trans 134.02 (intro.) is amended to read:
Trans 134.02 (intro.) Definitions. The words and phrases defined in s. ss. 341.14 (6r), 341.01, and 340.01, Stats., have the same meaning in this chapter, in that order of priority, unless a different definition is specifically provided. In this chapter:
Section 2. Trans 134.02 (1) is repealed.
Section 3. Trans 134.02 (3) and (Note) are created to read:
Trans 134.02 (3) “Special plate” means a license plate imprinted with a message for an authorized special group or a decal plate for which stickers are issued for an authorized special group.
(Note) The term “authorized special group” as used in this chapter is defined in s. 341.14 (6r) (a) 1., Stats., to mean a special group enumerated in s. 341.14 (6r) (f), Stats., or designated by the department under s. 341.14 (6r) (fm), Stats. Section 4. Trans 134.03 (1) (b) and (f) are repealed.
Section 5. Trans 134.03 (2) (a) is amended to read:
Trans 134.03 (2) (a) Along with the application, the group shall submit a deposit of $15,500 by check made payable to the department of transportation, or by another method approved by the department. If the application is not approved, up to $12,000 of the deposit may be returned the department shall return or refund the deposit to the group as provided in s. 341.14 (6r) (fm) 2. a., Stats., and this section.
Section 6. Trans 134.03 (2) (a) (Note) is created to read:
Trans 134.03 (2) (a) (Note) Currently, deposits are made by a single check payable to Wisconsin Department of Transportation.
Section 7. Trans 134.03 (2) (b), (c), and (d) are amended to read:
Trans 134.03 (2) (b) The department shall do an initial review of the group's application, and if the application is not acceptable after the initial review, the department shall return the application and return or refund the check deposit.
(c) If the group’s application is not returned to the group following the department's initial review of the application indicates that further review is necessary, the department shall deposit the check funds received in the general fund and credit debit the appropriation under s. 20.395 (5) (cj), Stats.
(d) If the department rejects denies the group's application, it shall credit the appropriation under s. 20.395 (5) (cj), Stats., and refund the deposit to the group.
Section 8. Trans 134.03 (2) (d) (Note) is created to read:
Section 9. Trans 134.03 (2) (e) is amended to read:
