HF 399

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; establishing procedures 
  1.3             for authorization and issuance of special license 
  1.4             plates; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 168.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [168.1293] [SPECIAL LICENSE PLATES; 
  1.8   AUTHORIZATION; DISCONTINUANCE.] 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of this section 
  1.10  "special license plate" means a license plate that is authorized 
  1.11  by law to have wording and graphics that differ from a standard 
  1.12  Minnesota passenger vehicle license plate, other than a license 
  1.13  plate authorized under section 168.10, 168.105, 168.12, 168.123, 
  1.14  168.1235, 168.124, 168.125, 168.1255, 168.128, 168.129, or 
  1.15  168.1296. 
  1.16     Subd. 2.  [SUBMISSIONS TO DEPARTMENT.] (a) A person, legal 
  1.17  entity, or other requester, however organized, that plans to 
  1.18  seek legislation establishing a new special license plate shall 
  1.19  submit the following information and fee to the department of 
  1.20  public safety: 
  1.21     (1) The requester shall submit a request for the special 
  1.22  license plate being sought, describing the proposed license 
  1.23  plate in general terms, the purpose of the plate, and the 
  1.24  proposed fee or minimum contribution required for the plate. 
  1.25     (2) The requester shall submit the results of a scientific 
  2.1   sample survey of Minnesota motor vehicle owners that indicates 
  2.2   that at least 5,000 motor vehicle owners intend to purchase the 
  2.3   proposed plate with the proposed fee or minimum contribution.  
  2.4   The requester's plan to undertake the survey must be reported to 
  2.5   the department before the survey is undertaken.  The survey must 
  2.6   be performed independently of the requester by another person or 
  2.7   legal entity, however organized, that conducts similar sample 
  2.8   surveys in the normal course of business. 
  2.9      (3) The requester shall submit an application fee in an 
  2.10  amount determined by the commissioner, not to exceed $7,500, to 
  2.11  cover the department's cost of reviewing the application and 
  2.12  developing the special license plate if authorized.  State funds 
  2.13  may not be used to pay the application fee. 
  2.14     (4) The requester shall submit a marketing strategy that 
  2.15  contains (i) short-term and long-term marketing plans for the 
  2.16  requested plate, and (ii) a financial analysis showing the 
  2.17  anticipated revenues and the planned expenditures of any fee or 
  2.18  contribution derived from the requested plate. 
  2.19     (b) The requester shall submit the information required 
  2.20  under paragraph (a) to the department at least 120 days before 
  2.21  the convening of the next regular legislative session at which 
  2.22  the requester will submit the proposal. 
  2.23     Subd. 3.  [DESIGN; REDESIGN.] (a) If the special license 
  2.24  plate sought by the requester is approved by law, the requester 
  2.25  shall submit the proposed design for the plate to the department 
  2.26  as soon as practicable, but not later than 120 days after the 
  2.27  effective date of the law authorizing issuance of the plate.  
  2.28  The department is responsible for selecting the final design for 
  2.29  the special license plate. 
  2.30     (b) The requester that originally requested a special 
  2.31  license plate subsequently approved by law may not submit a new 
  2.32  design for the plate within the five years following the date of 
  2.33  first issuance of the plate unless the inventory of those plates 
  2.34  has been exhausted.  The requester may deplete the remaining 
  2.35  inventory of the plates by reimbursing the department for the 
  2.36  cost of the plates. 
  3.1      Subd. 4.  [REFUND OF FEE.] If the special license plate 
  3.2   requested is not authorized in the legislative session at which 
  3.3   authorization was sought, the department shall refund the 
  3.4   application fee to the requester. 
  3.5      Subd. 5.  [DISCONTINUANCE OF PLATE.] (a) The department 
  3.6   shall discontinue the issuance or renewal of any special license 
  3.7   plate if (1) less than 1,000 sets of those plates, including 
  3.8   annual renewals, have been issued by the end of the first five 
  3.9   full registration years during which the plates are available, 
  3.10  or (2) less than 1,000 sets of those plates, including annual 
  3.11  renewals, have been issued at the end of any subsequent two-year 
  3.12  period following the first five years of availability. 
  3.13     (b) The department may discontinue the issuance or renewal 
  3.14  of any special license plate, and distribution of any 
  3.15  contributions resulting from that plate, if the department 
  3.16  determines that (1) the fund or requester receiving the 
  3.17  contributions no longer exists, (2) the requester has stopped 
  3.18  providing services that are authorized to be funded from the 
  3.19  contribution proceeds, (3) the requester has requested 
  3.20  discontinuance, or (4) contributions have been used in violation 
  3.21  of subdivision 6. 
  3.22     Subd. 6.  [USE OF CONTRIBUTIONS.] Contributions made as a 
  3.23  condition of obtaining a special license plate, and interest 
  3.24  earned on the contributions, may not be spent for commercial or 
  3.25  for-profit purposes.