Chapter Trans 134

Register April 2011 No. 664

Chapter Trans 134

AUTHORIZED SPECIAL GROUPS

Trans 134.01   Authority and purpose.

Trans 134.02   Definitions.

Trans 134.03   Application for designation as an authorized special group.

Trans 134.04   Designation of authorized special groups.

Trans 134.05   Special group plate design.

Trans 134.06   Authorized special group license plate sales.

Trans 134.01 Trans 134.01 Authority and purpose.

Trans 134.01(1) (1) As authorized by s. 341.14 (6r) (fm), Stats., the purpose of this chapter is to establish procedures for the designation of authorized special groups and the issuance or discontinuation of issuance of special group plates to members of an authorized special group including application procedures, eligibility determination procedures, license plate reservation and sale procedures and discontinuance of license plate sale procedures for groups desiring to be designated as an authorized special group under s. 341.14 (6r) (fm), Stats.

Trans 134.01 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00.

Trans 134.02 Trans 134.02 Definitions. The words and phrases defined in 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:

Trans 134.02(2) (2) “Department” means the department of transportation.

Trans 134.02(3) (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.

Trans 134.02 Note 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.

Trans 134.02 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: am. (intro.), r. (1), cr. (3) Register May 2023 No. 809, eff. 6-1-23.

Trans 134.03 Trans 134.03 Application for designation as an authorized special group.

Trans 134.03(1) (1) Application.

Trans 134.03(1)(a) (a) A group wishing to be designated as an authorized special group may apply to the department upon the form provided by the department.

Trans 134.03(1)(c) (c) The application shall require that the group certify that it has obtained any necessary approvals for use of a logo or trademark to be included in the design of a special group license plate.

Trans 134.03(1)(d) (d) If the group is incorporated, the application shall be accompanied by a copy of the group’s articles of incorporation and by-laws.

Trans 134.03(1)(e) (e) If the group is not incorporated, the application shall be accompanied by a copy of a document setting forth the group’s purpose.

Trans 134.03(2) (2) Fee deposit.

Trans 134.03(2)(a) (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, 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.

Trans 134.03 Note Note: Currently, deposits are made by a single check payable to Wisconsin Department of Transportation.

Trans 134.03(2)(b) (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 deposit.

Trans 134.03(2)(c) (c) If the group’s application is not returned to the group following the department’s initial review, the department shall deposit the funds received in the general fund and debit the appropriation under s. 20.395 (5) (cj), Stats.

Trans 134.03(2)(d) (d) If the department denies the group’s application, it shall credit the appropriation under s. 20.395 (5) (cj), Stats., and refund the deposit to the group.

Trans 134.03 Note Note: See s. Trans 134.04 (3) and s. 341.14 (6r) (fm) 2. a., Stats.

Trans 134.03(2)(e) (e) A group may withdraw its application any time before the department has approved the application. If the application is timely withdrawn by an applicant, the department shall deny the application and refund the deposit in accordance with par. (d). In order to receive a refund, a notice of withdrawal must be received by the department prior to any decision approving the application.

Trans 134.03(2)(g) (g) If the group withdraws its application after the department has approved the application, the department may not issue any refund to the applicant.

Trans 134.03 Note Note:  Refunds may only be issued if an application is denied. See s. 341.14 (6r) (fm) 2. a., Stats. To apply for designation as an authorized special group, complete Form MV2090 which can be obtained by writing to the Department of Transportation, Bureau of Vehicle Services, P.O. Box 7911, Madison, WI 53707, or online at https://wisconsindot.gov/Documents/formdocs/mv2090.pdf. Additional information about special plates may be viewed online at https://wisconsindot.gov/pages/dmv/vehicles/title-plates/special-list.aspx.

Trans 134.03 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: r. (1) (b), (f), am. (2) (a) to (e), r. (2) (f), am. (2) (g) Register May 2023 No. 809, eff. 6-1-23; correction in (2) (e) made under s. 35.17, Stats., Register May 2023 No. 809.

Trans 134.04 Trans 134.04 Designation of authorized special groups.

Trans 134.04(1) (1) The department shall approve an application by a group or organization for designation as an authorized special group if all of the following conditions are met:

Trans 134.04(1)(a) (a) The applicant group or organization files a complete application and all required fees with the department.

Trans 134.04(1)(b) (b) The department determines that the applicant group or organization meets all of the criteria specified in s. 341.14 (6r) (fm), Stats.

Trans 134.04(2) (2) The department shall process applications according to the following schedule:

Trans 134.04(2)(a) (a) The department shall notify the group after initial screening if the application is not acceptable and the notice shall specify why the application is not acceptable.

Trans 134.04(2)(d) (d) If the department has not received additional information needed to determine eligibility within 90 days of asking for this information, the application shall be considered withdrawn and the department shall refund the deposit as provided in s. Trans 134.03 (2) (e).

Trans 134.04(2)(dm) (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 any objections to designation of the group and, if any objections are made, to obtain a decision on approval of designation from the standing committees of each house of the legislature dealing with transportation matters. If the department receives any objections within 30 days after the date of the department’s notice under s. 341.14 (6r) (fm) 1m. a., Stats., the department shall refer the application to those standing committees.

Trans 134.04(2)(dm)1. 1. If fewer than 61 days remain in a legislative session, the referral shall not be made sooner than the first day of the next legislative session.

Trans 134.04(2)(dm)2. 2. If, within 14 days of a department referral of an application to the standing committees dealing with transportation matters, no chairperson of one or both of the standing committees notifies the department that one or both of the committees has scheduled a meeting for the purpose of reviewing the application, the department shall process the application as if approved by the legislature notwithstanding the objection.

Trans 134.04(2)(dm)3. 3. If the chairperson of one or both of the standing committees dealing with transportation matters 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 s. 341.14 (6r) (fm) 1m. c., Stats., expressly approves the application.

Trans 134.04(2)(dm)4. 4. If the express approval by each standing committee dealing with transportation matters is required, and the legislative session ends without express approval of the group plate application by each applicable standing committee, the application is not approved by the legislature and the department shall deny the application and refund any deposit in accordance with s. Trans 134.03 (2) (d).

Trans 134.04 Note Note: Unless modified by the legislature, the applicable standing committees are the Assembly and Senate Transportation Committees. Express approval of the standing committees is not required for approval of a special group plate following an objection. Specific approval is required only if one of the committees to which the objection is referred notifies the department within 14 days of the referral that it will hold a hearing. If either committee schedules a hearing, an application must be specifically approved by both standing committees or it is deemed denied under s. 341.14 (6r) (fm) (1m) d., Stats. Because committees terminate at the end of the legislative session, this rule prohibits the department from referring an objection to the standing committees during the final days of a legislative session. To ensure that the committees have adequate time to schedule and hold committee meetings, the department is prohibited from referring a matter to the standing committees in the last 61 days of a legislative session. Assuming a session ends on December 31 every even-numbered year, no referrals will be made from November 1 of that year until the start of the next legislative session.

Trans 134.04(2)(e) (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 12 months.

Trans 134.04(2)(f) (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 12 months.

Trans 134.04(3) (3) If the department denies an application by a group or organization, it shall return the application and deposit in the manner provided in s. Trans 134.03 (2) (d) and shall notify the group or organization of the reasons for the denial.

Trans 134.04 Note 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.

Trans 134.04 History History: Cr. Register, December, 1999, No. 528, eff. 1-1-00; CR 22-049: renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), am. (2) (a), r. (2) (b), (c), cr. (2) (dm), am. (2) (e), (f), (3) Register May 2023 No. 809, eff. 6-1-23.

Trans 134.05 Trans 134.05 Special group plate design.

Trans 134.05(1) (1) Special group plates shall display the word “Wisconsin” and the name of the applicable authorized special group shall be displayed on the plate.

Trans 134.05(2) (2) A special group plate shall display a symbol representing the special group. The symbol may not exceed ¼ the width of the plate.

Trans 134.05 Note Note: For personalized plates, up to 6 positions are available for the desired message. Sequential plate numbering shall be as the department determines.

Trans 134.05(3) (3) Special group plates shall be the combination of colors specified by the department for special group plates under s. 341.14 (6r) (f), Stats., which are not military in nature and not special groups under s. 341.14 (6r) (f) 35. to 47. and 50., Stats.