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Section 9.   Trans 134.04 (1) (intro.) is amended to read:
Trans 134.04 (1) (intro.)The department shall approve an application by a group or organization for designation as an authorized special group if the department determines that the group or organization meets all of the criteria specified in s. 341.14 (6r) (fm) 1., Stats. all of the following conditions are met:
Section 10. Trans 134.04 (1) (a) and (b) are created to read:
Trans 134.04 (1) (a) The applicant group or organization files a complete application and all required fees with the department.
(b) The department determines that the applicant group or organization meets all of the criteria specified in s. 341.14 (6r) (fm), Stats.
Section 11. Trans 134.04 (2) (a) is amended to read:
Trans 134.04 (2) (a) The department shall notify the group immediately after initial screening if the application is not acceptable and the notice shall specify why the application is not acceptable.
Section 12. Trans 134.04 (2) (b) and (c) are repealed.
Section 13. Trans 134.04 (2) (dm) and (Note) are created to read:
Trans 134.04 (2) (dm) Upon receiving a complete application and payment, the department shall follow the required steps set forth in s. 341.14 (6r) (fm) 1m., Stats., to determine whether there are objections to the group and, if objections are made, to obtain a decision on approval of designation from the appropriate standing committees of the legislature. The application shall not be considered approved unless each standing committee to which the application was referred under s. 341.14 (6r) (fm) 1m. c., Stats., expressly approves the application. If the legislative session ends and an application that has been referred to one or more committees of the legislature has not been approved by each of those committees, the department shall deny the application and refund fees to the applicant.
(Note) Section 341.14 (6r) (fm) 1m., Stats., provides:
a. Upon receiving a complete application and payment under subd. 2., the department shall post a notice of the application on the department's Internet site. The notice shall identify the group or organization applying for designation as an authorized special group, include the date that the notice is posted, and describe the process by which a person may object to designation of the group or organization as an authorized special group and the deadline under subd. 1m. b. for submitting the objection.
b. Subject to subd. 1r., any person may, within 30 days after the date of the department's notice under subd. 1m. a., object to designation of the group or organization as an authorized special group by submitting a written objection to the department in the manner prescribed by the department.
c. If no timely objection is received under subd. 1m. b., the department shall designate the group or organization as an authorized special group. If the department receives a timely objection under subd. 1m. b., the department shall refer the application to the standing committees of each house of the legislature dealing with transportation matters.
d. If an application is referred under subd. 1m. c. and the chairperson of each applicable standing committee does not notify the department within 14 days after the date on which the application is referred that the committee has scheduled a meeting for the purpose of reviewing the application, the application is approved. If, within 14 days after the date on which the application is referred by the department, the chairperson of any applicable standing committee notifies the department that the committee has scheduled a meeting for the purpose of reviewing the application, the application is approved only if each standing committee to which the application was referred under subd. 1m. c. expressly approves the application.
e. After referring an application to the standing committees under subd. 1m. c., the department shall designate the applicant as an authorized special group only if the application is approved under subd. 1m. d.
Objections to groups may be made on DMV form MV 2091 which is available online at https://wisconsindot.gov/Documents/formdocs/mv2091.pdf. Directions for objecting can be found at https://wisconsindot.gov/Pages/dmv/vehicles/title-plates/groupreview.aspx.
Section 14. Trans 134.04 (2) (e), (f), and (3) and (Note) are amended to read:
Trans 134.04 (2) (e) The department shall begin data processing work as soon as it approves the group's application as an authorized special group. The department shall endeavor to complete data processing work within 6 12 months.
(f) After the department and the authorized special group agree on a plate design concept, the department shall endeavor to complete a production-ready plate design and purchase plate materials within 6 12 months.
(3)If the department denies an application by a group or organization, it shall return the application and deposit promptly in the manner provided in s. Trans 134.03 (2) (d), and shall notify the group or organization of the reasons for the denial.
(Note) Section 341.14 (6r) (fm) 4., Stats., provides that the decision of the department or legislature denying an application for designation as an authorized special group is final and is not subject to judicial review under ch. 227.
Section 15. Trans 134.05 (2) is amended to read:
Trans 134.05 (2)A special group plate shall display, on the left of the plate, a symbol representing the special group. The symbol may not exceed ¼ the width of the plate.
Section 16. Trans 134.06 (1) (d) 1. (Note) is created to read:
Trans 134.06 (1) (d) 1. (Note) Certification of eligibility is generally accomplished by a representative of the group signing a verification of the person’s membership in the group as part of the person’s application for the special plate.
Section 17. Trans 134.06 (1) (d) 2. is repealed.
Section 18. Trans 134.06 (2) (intro.) and (a) are consolidated, renumbered Trans 134.06 (2) (intro.), and amended to read:
Trans 134.06 (2) (intro.) General requirements. (a) The department may not conduct any special advertising or promotion for authorized special group license plates. Any promotion shall be the responsibility of the authorized special group. Nothing in this paragraph shall prohibit the department from issuing a press release related to the plates or from including the special group plate on any website related to special group plates.
Section 19. Trans 134.06 (2) (b) is repealed.
Section 20. Trans 134.06 (3) (a) and (Note), and (4) (a) are repealed and recreated to read:
Trans 134.06 (3) (a) Except as provided in ss. Trans 134.03 (2) (a) to (e) and Trans 134.04 (2) (d) and (3), the department may not refund a deposit.
(Note) Statutory provisions related to the collection and remittal of voluntary fundraising amounts for groups qualifying for special plates is found at s. 341.14 (6r) (fm) 8., Stats.
(4) (a) If, at any time after 3 years from the date that special plates associated with an authorized special group are first issued under s. 341.14 (6r) (fm), Stats., there are fewer than 500 motor vehicles registered for which these special plates have been issued and are valid for the motor vehicles' then current registration period, the department shall follow the process set forth in s. 341.14 (6r) (fm) 3m., Stats., to determine whether the authorized special group’s designation should be continued or rescinded.
Section 21. Trans 134.06 (4) (a) (Note) is created to read:
Trans 134.06 (4) (a) (Note) Section 341.14 (6r) (fm) 3m., Stats., provides:
a. If, at any time after 3 years from the date that special plates associated with an authorized special group are first issued under this paragraph, there are fewer than 500 motor vehicles registered for which these special plates have been issued and are valid for the motor vehicles' then current registration period, the department shall give notice to the authorized special group that it will rescind its designation of the authorized special group and cease issuing special plates associated with the authorized special group unless, within one year after the date of this notice, this threshold of at least 500 currently registered vehicles displaying these special plates is met.
b. If one year elapses after the department has given notice under subd. 3m. a. and the threshold under subd. 3m. a. is still not met, the department shall rescind its designation of the authorized special group and, except as provided in subd. 3m. c., cease issuing special plates associated with the authorized special group.
c. After rescinding its designation of an authorized special group under subd. 3m. b., the department may continue issuing special plates associated with the authorized special group until the department's inventory of these special plates is depleted and the department may continue to renew registrations of vehicles displaying these special plates and continue to collect the involuntary payment under subd. 8. a. After the department's inventory of these special plates is depleted, the department may not accept applications for initial issuance of these special plates or issue these special plates as replacement plates, but may continue to renew registrations of vehicles displaying these special plates and may continue to collect the involuntary payment under subd. 8. a. in connection with these registration renewals.
d. This subdivision does not apply to any group or organization designated by the department as an authorized special group prior to October 1, 2016.
Section 22. Trans 134.06 (4) (c) is repealed and recreated to read:
Trans 134.06 (4) (c) If the department rescinds designation of a group under s. 341.14 (6r) (fm) 3m. b., Stats., the department shall not replenish its supply of that group’s special plates and shall cease issuing the plates and any related decals once its supply is exhausted.
Section 23. Trans 134.06 (4) (d) is amended to read:
Trans 134.06 (4) (d) If an authorized special group plate has been discontinued and the group decides to re-apply for designation as an authorized special group, the department may waive up to $3,500 of the fee deposit if its data processing system will need no changes to reissue the special group plate group must apply for authorized special group status following the procedure set forth in s. 341.14 (6r) (fm), Stats.
Section 24. Effective Date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
(END OF RULE TEXT)
        Signed this ____ day of ______________ 2022.
                                  ________________________________________________
        Craig Thompson, Secretary
        State of Wisconsin Department of Transportation
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