HF 3524

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 04/08/2010 01:26pm

A bill for an act
relating to transportation; amending provisions governing authorization and
discontinuance of special plates; amending Minnesota Statutes 2008, sections
168.002, by adding a subdivision; 168.123, by adding a subdivision; 168.1293.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 168.002, is amended by adding a
subdivision to read:

new text begin Subd. 31a. new text end

new text begin Special plates. new text end

new text begin Unless otherwise specified, "special plates" or "special
plate" means plates, or a single motorcycle plate, that are designed with wording or
graphics that differ from a regular Minnesota passenger automobile plate or motorcycle
plate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 168.123, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Eligibility; combat wounded plate. new text end

new text begin A member of the United States
armed forces who is serving actively in the military and who is a recipient of the purple
heart medal is also eligible for the license plate under subdivision 2, paragraph (e). The
commissioner of public safety shall ensure that information regarding the required proof
of eligibility for any applicant under this subdivision who has not yet been issued military
discharge papers is distributed to the public officials responsible for administering this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 168.1293, is amended to read:

168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
DISCONTINUANCE.

Subdivision 1.

Definition.

For purposes of this section deleted text begin and section 168.1297 deleted text end , new text begin the
following terms have the meanings given them:
new text end

new text begin (1) new text end " new text begin new new text end special plate" new text begin or "proposed special plate" new text end means a new text begin special new text end plate deleted text begin authorized
by sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, to have wording and
graphics that differ from a Minnesota passenger vehicle plate. deleted text end new text begin that is not authorized under
this chapter and for which legislation authorizing the plate, including but not limited to a
bill or amendment, is introduced or presented to the legislature; and
new text end

new text begin (2) "proximate special plate" means a special plate (i) authorized under section
168.12, subdivisions 2b and 2e; 168.1235; or 168.129; or (ii) authorized in law on or
after August 1, 2010.
new text end

new text begin Subd. 1a. new text end

new text begin Establishment of plate. new text end

new text begin The commissioner may only establish a special
plate as authorized under this chapter. This requirement does not apply to alternative
or additional designs for a special plate.
new text end

Subd. 2.

Submissions to commissioner.

(a) A person, legal entity, or other
requester, however organized, that plans to seek legislation establishing a new new text begin special new text end
plate new text begin , or is a proponent of a new special plate, new text end shall submit the following information and
fee to the commissioner:

(1) The requester shall submit a request for the special plate being sought, describing
the deleted text begin proposed deleted text end new text begin special new text end plate in general terms, the purpose of the plate, and the proposed fee
or minimum contribution required for the plate.

(2) The requester shall submit the results of a scientific sample survey of Minnesota
motor vehicle owners that indicates that at least 10,000 motor vehicle owners intend
to purchase the proposed plate with the proposed fee or minimum contribution. The
requester's plan to undertake the survey must be reported to the commissioner before the
survey is undertaken. The survey must be performed independently of the requester by
another person or legal entity, however organized, that conducts similar sample surveys
in the normal course of business.

(3) The requester shall submit an application fee of $20,000, to cover the cost of
reviewing the application for a new plate and developing the new special plate if authorized
by law. State funds may not be used to pay the application fee. new text begin This requirement does not
apply if legislation or a bill introduced to the legislature proposing the new special plate
contains a mechanism by which all costs incurred by the commissioner for development
and implementation of the plate are covered, provided that the application fee subsequently
does apply if such a mechanism is not enacted in the law authorizing the new special plate.
new text end

(4) The requester shall submit a marketing strategy that contains (i) short-term and
long-term marketing plans for the requested plate, and (ii) a financial analysis showing
the anticipated revenues and the planned expenditures of any fee or contribution derived
from the requested plate.

(b) The requester shall submit the information required under paragraph (a) to the
commissioner at least 120 days before the convening of the next regular legislative session
at which the requester will submit the proposal.

new text begin Subd. 2a. new text end

new text begin Information for legislature. new text end

new text begin (a) Within 15 days of the introduction of a
bill proposing a new special plate, the commissioner shall submit a briefing to the chairs
and ranking minority members of the house of representatives and senate committees to
which the bill was referred. At a minimum, the briefing must:
new text end

new text begin (1) summarize the requirements for a special plate under this section; and
new text end

new text begin (2) identify which of the requirements have been met for the proposed special plate.
new text end

new text begin (b) If a proposed special plate is a topic of discussion at a legislative committee
hearing, the commissioner shall make every reasonable effort to provide testimony. The
testimony must include the information required in the briefing under paragraph (a).
new text end

new text begin (c) Notwithstanding section 3.195, the commissioner may submit the briefing under
paragraph (a) by submitting an electronic version rather than a printed version.
new text end

Subd. 3.

Design; redesign.

(a) If the proposed deleted text begin new deleted text end special plate sought by the
requester is approved by law, the requester shall submit the proposed design for the plate
to the commissioner as soon as practicable, but not later than 120 days after the effective
date of the law authorizing issuance of the plate. The commissioner is responsible for
selecting the final design for the special plate.

(b) The requester that originally requested a new text begin new new text end special plate subsequently approved
by law may not submit a new design for the plate within the five years following the date
of first issuance of the plate unless the inventory of those plates has been exhausted.
The requester may deplete the remaining inventory of the plates by reimbursing the
commissioner for the cost of the plates.

Subd. 4.

Refund of fee.

If the special plate requested is not authorized in the
legislative session at which authorization was sought, the commissioner shall new text begin , if
applicable, new text end refund $17,500 of the application fee to the requester.

Subd. 5.

Discontinuance of plate.

(a) The commissioner shall discontinue the
issuance or renewal of any new text begin proximate new text end special plate deleted text begin authorized by sections 168.12,
subdivisions 2b and 2e; 168.1235; and 168.129, deleted text end if (1) fewer than 1,000 sets of those
plates are currently registered at the end of the first six years during which the plates are
available, or (2) fewer than 1,000 sets of those plates are currently registered at the end of
any subsequent two-year period following the first six years of availability.

(b) The commissioner shall discontinue the issuance or renewal of any new text begin proximate new text end
special plate deleted text begin authorized by sections 168.12, subdivisions 2b and 2e; 168.1235;
and 168.129 deleted text end , and distribution of any contributions resulting from that plate, if the
commissioner determines that (1) the fund or requester receiving the contributions no
longer exists, (2) the requester has stopped providing services that are authorized to be
funded from the contribution proceeds, (3) the requester has requested discontinuance, or
(4) contributions have been used in violation of subdivision 6.

(c) Nothing in this subdivision applies to plates issued under section 168.123,
168.124, 168.125, 168.1251, or 168.1255.

new text begin (d) Upon commencing discontinuance of a proximate special plate under this
subdivision, the commissioner (1) shall not issue the plate, including as a duplicate; and
(2) shall allow retention of any existing plate for the regular period. For purposes of this
paragraph, "regular period" may be, as appropriate, the period specified under section
168.12, subdivision 1; the time until issuance of a duplicate plate for that vehicle; or as
otherwise provided by law.
new text end

Subd. 6.

Use of contributions.

Contributions made as a condition of obtaining a new text begin
proximate new text end special plate deleted text begin authorized by sections 168.12, subdivisions 2b and 2e; 168.1235;
and 168.129 deleted text end , and interest earned on the contributions, may not be spent for commercial or
for-profit purposes.

Subd. 7.

Deposit of fee; appropriation.

The commissioner shall deposit the
application fee under subdivision 2, paragraph (a), clause (3), in the vehicle services
operating account of the special revenue fund under section 299A.705. An amount
sufficient to pay the department's cost in implementing and administering this section,
including payment of refunds under subdivision 4, is appropriated to the commissioner.