HF 2593

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

A bill for an act
relating to motor vehicles; authorizing special "Choose Life" license plates;
establishing adoption support account and appropriating funds; proposing coding
for new law in Minnesota Statutes, chapter 168.

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

Section 1.

new text begin [168.1295] CERTAIN SPECIAL PLATES; UNIFORM
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "special plates" means
plates, or a single motorcycle plate, that are (1) designed with wording and graphics that
differ from a regular Minnesota passenger automobile plate or motorcycle plate, and (2)
authorized under section 168.1299.
new text end

new text begin Subd. 2. new text end

new text begin General requirements; fees. new text end

new text begin The commissioner shall issue special plates
to an applicant who:
new text end

new text begin (1) meets any eligibility requirements established in the section of this chapter that
specifically authorizes the special plates;
new text end

new text begin (2) is a registered owner of a passenger automobile, one-ton pickup truck,
motorcycle, or recreational motor vehicle;
new text end

new text begin (3) pays the fee as required under section 168.12, subdivision 5;
new text end

new text begin (4) pays the registration tax as required under section 168.013;
new text end

new text begin (5) pays any other fees required under this chapter; and
new text end

new text begin (6) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.
new text end

new text begin Subd. 3. new text end

new text begin Transfers; fee. new text end

new text begin On application to the commissioner and payment of
a transfer fee of $5, special plates may be transferred to another motor vehicle if the
subsequent vehicle is (1) eligible for the special plates, and (2) registered to the same
individual to whom the special plates were originally issued. Only a plate originally
issued for a motorcycle may be transferred to a motorcycle.
new text end

new text begin Subd. 4. new text end

new text begin Plate removal, invalidation, replacement. new text end

new text begin (a) An individual may use
special plates only during the period that the individual remains eligible for the plates.
When the individual to whom the special plates were issued ceases to be eligible for
the plates, the individual shall remove each set of plates issued. When ownership of a
motor vehicle is transferred, the individual ceasing to have ownership shall remove the
special plates from the motor vehicle.
new text end

new text begin (b) If the commissioner receives written notification that an individual is no longer
qualified for the special plates, the commissioner shall invalidate the plates and notify the
individual of this action. The individual may retain the plates only upon demonstrating
compliance with this section and any eligibility requirements established in the section of
this chapter that specifically authorizes the special plates.
new text end

new text begin (c) Upon removal or invalidation of the special plates, the owner of the motor
vehicle, or the individual taking possession of the vehicle in the case of transfer of motor
vehicle ownership, shall obtain plates for the proper registration classification for the
motor vehicle.
new text end

new text begin Subd. 5. new text end

new text begin Record keeping. new text end

new text begin The commissioner shall maintain a record of the annual
number of each type of special plate issued under this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules governing the issuance
and use of the special plates.
new text end

new text begin Subd. 7. new text end

new text begin Legislative report. new text end

new text begin (a) By November 15 annually, the commissioner shall
submit a report on the special plates to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over transportation
policy and finance.
new text end

new text begin (b) The report must, at a minimum, specify:
new text end

new text begin (1) for each type of special plate, the number issued:
new text end

new text begin (i) in the previous fiscal year; and
new text end

new text begin (ii) since inception of the plate; and
new text end

new text begin (2) for each type of special plate that requires an additional contribution in the
section of this chapter that specifically authorizes the special plates:
new text end

new text begin (i) the amount of contribution funds received (A) in the previous fiscal year, and (B)
since inception of the plate; and
new text end

new text begin (ii) a brief description of the primary expenditures and uses of contribution funds.
new text end

new text begin (c) Any department, local unit of government, or agency receiving contribution
funds in association with special plates shall assist the commissioner as requested in
preparing the report under this subdivision.
new text end

Sec. 2.

new text begin [168.1299] SPECIAL "CHOOSE LIFE" PLATES.
new text end

new text begin Subdivision 1. new text end

new text begin Plate application; contribution. new text end

new text begin (a) The commissioner shall issue
special "Choose Life" plates to an applicant who (1) meets the requirements under section
168.1295, and (2) makes an additional annual contribution of at least $25 to the adoption
support account.
new text end

new text begin (b) The application form for the special plates must clearly indicate that the
contribution specified under paragraph (a), clause (2), is a minimum annual contribution
to receive the plates and that the applicant may make an additional contribution.
new text end

new text begin (c) Contributions under paragraph (a), clause (2), are not refundable.
new text end

new text begin Subd. 2. new text end

new text begin Design. new text end

new text begin The commissioner shall create a design or emblem for the special
plate, which must include (1) a brightly colored, crayon-like image of children, and (2)
the words "Choose Life."
new text end

new text begin Subd. 3. new text end

new text begin Compliance with other law. new text end

new text begin License plates issued under this section are
not subject to section 168.1293, subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Contribution funds; adoption support account. new text end

new text begin (a) An adoption support
account is created in the special revenue fund. The account consists of contribution funds
as required under subdivision 1, paragraph (a), clause (2), and any other money donated,
allotted, transferred, or otherwise provided to the account.
new text end

new text begin (b) Of the first dollars deposited in the account, an amount equal to the total costs
associated with the initial development and issuance of the special plates is appropriated
to the commissioner for plate start-up costs.
new text end

new text begin (c) All money remaining in the account after the appropriation under paragraph (b) is
appropriated to the commissioner for distribution to counties as provided in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Contribution funds; distribution and uses. new text end

new text begin (a) The commissioner shall
distribute funds appropriated from the adoption support account under subdivision 4,
paragraph (c), to each county in proportion to the contributions received under subdivision
1, paragraph (a), clause (2), from residents of that county.
new text end

new text begin (b) Each county receiving funds under this subdivision shall distribute the funds as
grants to nongovernmental, nonprofit agencies whose services are limited to counseling
and meeting the physical needs of pregnant women who have committed to placing their
children for adoption. A county may not distribute funds to:
new text end

new text begin (1) any agency that is directly or indirectly involved in or associated with abortion
activities, including (i) counseling for or referrals to abortion clinics, (ii) providing
medical abortion-related procedures, or (iii) pro-abortion advertising; or
new text end

new text begin (2) any agency that charges women for services received.
new text end

new text begin (c) An agency that receives funds under this subdivision must use at least 70
percent of those funds to (1) provide for the material needs of pregnant women who have
committed to placing their children for adoption, including but not limited to clothing,
housing, medical care, food, utilities, and transportation, or (2) provide for the needs of
infants awaiting placement with adoptive parents.
new text end

new text begin (d) An agency that receives funds under this subdivision shall expend any funds
remaining after the expenditures under paragraph (c) for adoption counseling, training,
or advertising, but may not expend funds for administrative expenses, legal expenses,
or capital expenditures.
new text end

new text begin (e) An agency that receives funds under this subdivision shall submit an annual
audit, prepared by a certified public accountant, to the county. The county may conduct a
consolidated audit in lieu of the annual audit. Unused funds that exceed ten percent of
the funds received by an agency in a fiscal year must be returned to the county, and the
county shall distribute these funds to other qualified agencies.
new text end