2005 Minnesota Statutes

     168.1293 Certain special plates; authorization, 
  discontinuance. 

    Subdivision 1.    Definition.  For purposes of this 
 section and section 168.1297, "special plate" means a plate 
 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. 

    Subd. 2.    Submissions to commissioner.  (a) A person, 
 legal entity, or other requester, however organized, that plans 
 to seek legislation establishing a new plate 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 proposed 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. 

    (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. 

    Subd. 3.    Design; redesign.  (a) If the proposed new 
 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 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 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 
 special plate authorized by sections 168.12, subdivisions 2b and 
 2e; 168.1235; and 168.129, 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 special plate authorized by sections 168.12, 
 subdivisions 2b and 2e; 168.1235; and 168.129, 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. 

    Subd. 6.    Use of contributions.  Contributions made as 
 a condition of obtaining a special plate authorized by sections 
 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, 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. 

    HIST: 1Sp2003 c 19 art 2 s 23; 1Sp2005 c 6 art 2 s 17