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. 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
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing. 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 (3) is 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.
Section 3. Trans 134.03 (1) (b) and (f) are repealed.
Section 4. Trans 134.03 (2) (a), (b), (c), and (d) are 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. If the application is not approved, up to $12,000 of the deposit may be returned the department shall return the deposit to the group as provided in s. 341.14 (6r) (fm) 2. a., Stats.
(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 the check deposit.
(c) If 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 5. Trans 134.03 (2) (d) (Note) is created to read:
Section 6. Trans 134.03 (2) (e) is amended to read:
Trans 134.03 (2) (e) A group may withdraw its application any time before the department has approved the application, and the department shall refund the entire deposit. If the application is withdrawn by an applicant, the department shall deny the application and refund the entire deposit. In order to receive a full refund, a notice of withdrawal must be received by the department prior to its any decision approving the application.
Section 7. Trans 134.03 (2) (f) is repealed.
Section 8. Trans 134.03 (2) (g) and (Note) are amended to read:
Trans 134.03 (g) If the group withdraws its application after the department has approved the application and after plates are ordered, the department shall retain the entire $15,500 deposit to offset the cost of data processing work and the cost of purchasing and issuing the plates may not issue any refund to the applicant.
Section 9. Trans 134.04 (1) (intro.) is amended to read:
