Minnesota Legislature
HF 3168
as introduced - 92nd Legislature (2021 - 2022) Posted on 02/07/2022 02:59pm
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A bill for an act
relating to motor vehicles; amending requirements governing establishment and
discontinuance of special license plates; amending a fee; appropriating money;
requiring a report; amending Minnesota Statutes 2020, section 168.1293; repealing
Minnesota Statutes 2020, sections 168.1256, subdivision 4; 168.1282, subdivision
4; 168.1294, subdivision 4; 168.1295, subdivision 7; Minnesota Statutes 2021
Supplement, sections 168.1284, subdivision 4; 168.1285, subdivision 4; 168.1286,
subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 168.1293, is amended to read:
168.1293 CERTAIN SPECIAL PLATES; AUTHORIZATION,
DISCONTINUANCE.
Subdivision 1.
Definition.
new text begin (a) new text end For purposes of this section, the following terms have the
meanings given deleted text begin them:deleted text end new text begin .
new text end
deleted text begin (1)deleted text end new text begin (b)new text end "New special plate" or "proposed special plate" means a special plate that is not
authorized under this chapter deleted text begin and for which legislation authorizing the plate, including but
not limited to a bill or amendment, is introduced or presented to the legislature;deleted text end andnew text begin is not
previously established by the commissioner under this section.
new text end
deleted text begin (2)deleted text end "deleted text begin proximatedeleted text end new text begin (c) Managednew text end special plate" means a special plate deleted text begin (i)deleted text end new text begin : (1)new text end authorized under
section 168.12, subdivisions 2b and 2e; 168.1235; or 168.129; deleted text begin or (ii)deleted text end new text begin (2)new text end authorized in law
on or after August 1, 2010new text begin ; or (3) established by the commissioner under this sectionnew text end .
new text begin
(d) "Requester" means a person or legal entity, however organized, that: (1) submits an
application to the commissioner to establish a new special plate; or (2) is otherwise
determined by the commissioner to be the current primary sponsor for the special plate.
new text end
Subd. 1a.
Establishment ofnew text begin specialnew text end platenew text begin ; authoritynew text end .
The commissioner may deleted text begin onlydeleted text end
establish a special platenew text begin as provided in this section and must establish special platesnew text end as
authorized under this chapter. deleted text begin This requirement does not apply to alternative or additional
designs for a special plate.
deleted text end
Subd. 2.
deleted text begin Submissions to commissionerdeleted text end new text begin Establishment of special plate; applicationnew text end .
(a)
A person, legal entity, or other requester, however organized, that deleted text begin plans to seek legislation
establishing a new special plate, or is a proponent ofdeleted text end new text begin proposesnew text end a new special platedeleted text begin , shalldeleted text end new text begin
mustnew text end submit the following deleted text begin information and feedeleted text end to the commissioner:
(1) deleted text begin The requester shall submit a requestdeleted text end new text begin an applicationnew text end for thenew text begin newnew text end special plate being
soughtdeleted text begin , describingdeleted text end new text begin that:
new text end
new text begin (i) describesnew text end the special plate in general termsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii) identifiesnew text end the purpose of the platedeleted text begin , and the proposed fee ordeleted text end new text begin ;
new text end
new text begin (iii) subject to the requirements under subdivision 2b, proposes: (A) anew text end minimum
contributionnew text begin structure to benew text end required for the platedeleted text begin .deleted text end new text begin , if any; and (B) recipients and all uses of
contribution funds;
new text end
new text begin
(iv) identifies eligibility requirements to obtain the plate, if any; and
new text end
new text begin
(v) provides any other information required by the commissioner;
new text end
(2) deleted text begin The requester shall submitdeleted text end the results of a scientific sample survey deleted text begin of Minnesota
motor vehicle ownersdeleted text end new text begin or a verifiable group or organization membership surveynew text end that indicates
that at least deleted text begin 10,000deleted text end new text begin ....... eligiblenew text end motor vehicle owners intendnew text begin or are very likelynew text end to deleted text begin purchasedeleted text end new text begin
obtainnew text end the proposed plate deleted text begin with the proposed fee ordeleted text end new text begin taking into account any specifiednew text end minimum
contributiondeleted text begin . 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.deleted text end new text begin ;
new text end
(3) deleted text begin The requester shall submitdeleted text end an application fee of deleted text begin $20,000, to cover the cost of reviewing
the application for a new plate and developing the new special plate if authorized by lawdeleted text end new text begin
$.......new text end . State funds may not be used to pay the application feedeleted 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.deleted text end new text begin ;
new text end
(4) deleted text begin The requester shall submit a marketing strategy that contains (i) short-term and
long-termdeleted text end marketing plans for the requested platedeleted text begin ,deleted text end new text begin ;new text end and deleted text begin (ii)
deleted text end
new text begin (5)new text end a financial analysis showing the anticipated revenues and the planned expenditures
of any deleted text begin fee ordeleted text end contribution derived from the deleted text begin requesteddeleted text end new text begin proposednew text end plate.
(b) The requester deleted text begin shalldeleted text end new text begin mustnew text end submit the information required under paragraph (a) deleted text begin todeleted text end new text begin innew text end
thenew text begin manner specified by thenew text end commissioner deleted text begin at least 120 days before the convening of the
next regular legislative session at which the requester will submit the proposaldeleted text end .
deleted text begin Subd. 2a. deleted text end
deleted text begin Information for legislature. deleted text end
deleted 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:
deleted text end
deleted text begin
(1) summarize the requirements for a special plate under this section; and
deleted text end
deleted text begin
(2) identify which of the requirements have been met for the proposed special plate.
deleted text end
deleted 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).
deleted text end
deleted 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.
deleted text end
new text begin Subd. 2b. new text end
new text begin Establishment of special plate; standards. new text end
new text begin
The commissioner must establish
standards for approval of a proposed new special plate. The standards must include:
new text end
new text begin
(1) a prohibition on a plate design or inscription containing material or concepts that
are:
new text end
new text begin
(i) of a socially or politically controversial nature, as determined by the commissioner;
new text end
new text begin
(ii) of an obscene, indecent, or immoral nature;
new text end
new text begin
(iii) of a nature that would offend public morals or decency; or
new text end
new text begin
(iv) direct commercial advertising; and
new text end
new text begin
(2) requirements that govern permissible uses of any contribution funds.
new text end
new text begin Subd. 2c. new text end
new text begin Establishment of special plate; contribution structure. new text end
new text begin
A required
contribution for a special plate established under this section:
new text end
new text begin
(1) must not exceed $50 annually;
new text end
new text begin
(2) may set an amount that is onetime at initial application or is annual; and
new text end
new text begin
(3) may set different amounts for initial application and subsequent annual contribution.
new text end
Subd. 3.
new text begin Establishment of special plate; new text end design; redesign.
(a) If thenew text begin commissioner
approves anew text end proposed special plate deleted text begin sought by the requester is approved by lawdeleted text end , the requester
deleted text begin shalldeleted text end new text begin mustnew text end submit deleted text begin thedeleted text end new text begin anynew text end proposed designnew text begin , design concepts, and inscriptionnew text end for the plate
to the commissioner as soon as practicable, but not later than 120 days after the deleted text begin effectivedeleted text end
date of deleted text begin the law authorizing issuance of the platedeleted text end new text begin approvalnew text end .
new text begin (b)new text end The commissioner is responsible for selecting the final design for the special plate.
deleted text begin (b)deleted text end new text begin (c)new text end The requester that originally requested a new special plate deleted text begin subsequentlydeleted text end new text begin that wasnew text end
approved deleted text begin by lawdeleted text end may not submit a new designnew text begin proposalnew text end 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.
deleted text begin Subd. 4. deleted text end
deleted text begin Refund of fee. deleted text end
deleted text begin
If the special plate requested is not authorized in the legislative
session at which authorization was sought, the commissioner shall, if applicable, refund
$17,500 of the application fee to the requester.
deleted text end
new text begin Subd. 4a. new text end
new text begin Plates issuance. new text end
new text begin
(a) The commissioner must issue the appropriate special
plates or a single motorcycle plate established under this section to an applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational vehicle;
new text end
new text begin
(2) meets any other eligibility requirements established for the special plate;
new text end
new text begin
(3) pays a fee in the amount specified under section 168.12, subdivision 5, for each set
of plates, along with any other fees required by this chapter;
new text end
new text begin
(4) contributes a minimum amount as specified for the appropriate special plate, if any;
new text end
new text begin
(5) pays the registration tax as required under section 168.013; and
new text end
new text begin
(6) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
new text end
new text begin
(b) A special plate issued under this section may not be personalized under section
168.12, subdivision 2a.
new text end
new text begin Subd. 4b. new text end
new text begin Plates transfer. new text end
new text begin
On application to the commissioner and payment of a transfer
fee of $5, special plates issued under this section may be transferred to another motor vehicle
if the subsequent vehicle is:
new text end
new text begin
(1) qualified under subdivision 4a, paragraph (a), clause (1), to bear the special plates;
and
new text end
new text begin
(2) registered to the same individual to whom the special plates were originally issued.
new text end
Subd. 5.
Discontinuance of plate.
(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end discontinue the
issuance or renewal of any deleted text begin proximatedeleted text end new text begin managednew text end special plate if (1) fewer than deleted text begin 1,000deleted text end new text begin .......new text end
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 deleted text begin 1,000deleted text end new text begin .......new text end sets of those plates are currently registered
at the end of any subsequent two-year period following the first six years of availability.new text begin
Sets under this paragraph are calculated as the sum among all alternative designs or variants.
new text end
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end discontinue the issuance or renewal of any deleted text begin proximatedeleted text end new text begin
managednew text end special plate, and distribution of any contributions resulting from that plate, if the
commissioner determines that (1) the fund or deleted text begin requesterdeleted text end new text begin entitynew text end receiving the contributions
no longer exists, (2) deleted text begin the requesterdeleted text end new text begin a contribution recipientnew text end 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, or 168.1255.
(d) Upon commencing discontinuance of a deleted text begin proximatedeleted text end new text begin managednew text end special plate under this
subdivision, the commissioner (1) deleted text begin shalldeleted text end new text begin mustnew text end not issue the plate, including as a duplicate;
and (2) deleted text begin shalldeleted text end new text begin mustnew text end 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.
Subd. 6.
Use of contributions.
Contributions made as a condition of obtaining a
deleted text begin proximatedeleted text end new text begin managednew text end special plate, and interest earned on the contributions, may not be spent
for commercial or for-profit purposes.
Subd. 7.
Deposit of fee;new text begin accounts;new text end appropriation.
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
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. deleted text begin 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.
deleted text end
new text begin
(b) For each special plate established under this section that carries a minimum
contribution, the commissioner must establish a corresponding special plate contribution
account in the special revenue fund, and must deposit collected contributions under
subdivision 4a, paragraph (a), clause (4), into the applicable contribution account. Money
in each account is annually appropriated to the commissioner. Each appropriation is first
for the annual cost of establishing the special plate and administering the account funds,
and the remaining funds are for distribution as arranged for that special plate.
new text end
new text begin Subd. 8. new text end
new text begin Legislative report. new text end
new text begin
(a) By November 1 annually, the commissioner must submit
a report on special plates to the chairs and ranking minority members of the legislative
committees with jurisdiction over transportation policy and finance. At a minimum, the
report must include:
new text end
new text begin
(1) a summary of available special plates, including the number of issuances in the prior
fiscal year and the total number currently issued;
new text end
new text begin
(2) a copy of the approval standards established under subdivision 2b;
new text end
new text begin
(3) a summary of new special plate applications, including the number of approved and
denied special plates and reasons for each application denial;
new text end
new text begin
(4) notice of any discontinued plates and plates anticipated for possible discontinuance;
new text end
new text begin
(5) a fiscal review, including identification of:
new text end
new text begin
(i) the total contributions received for each applicable special plate, for each of the prior
three fiscal years; and
new text end
new text begin
(ii) the amounts of appropriations under subdivision 7 retained by the commissioner for
administrative costs; and
new text end
new text begin
(6) recommendations for any legislative changes.
new text end
new text begin
(b) This subdivision expires June 30, 2031.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 2. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 168.1256, subdivision 4; 168.1282, subdivision
4; 168.1294, subdivision 4; and 168.1295, subdivision 7,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2021 Supplement, sections 168.1284, subdivision 4; 168.1285,
subdivision 4; and 168.1286, subdivision 5,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: 22-05698
168.1256 RETIRED LAW ENFORCEMENT SPECIAL PLATES.
Subd. 4.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
168.1282 "START SEEING MOTORCYCLES" SPECIAL PLATES.
Subd. 4.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
168.1284 MINNESOTA 100 CLUB PLATES.
Subd. 4.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
168.1285 MINNESOTA AGRICULTURE PLATES.
Subd. 4.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
168.1286 HONORARY CONSUL PLATES.
Subd. 5.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
168.1294 LAW ENFORCEMENT MEMORIAL PLATES.
Subd. 4.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.
168.1295 STATE PARKS AND TRAILS PLATES.
Subd. 7.
Exemption.
Special plates issued under this section are not subject to section 168.1293, subdivision 2.