2003 Minnesota Statutes

     168.1293 Special license plates; authorization; 
  discontinuance. 

    Subdivision 1.    Definition.  For purposes of this 
 section and section 168.1297, "special license plate" means a 
 license plate that is authorized by law to have wording and 
 graphics that differ from a Minnesota passenger vehicle license 
 plate. 

    Subd. 2.    Submissions to department.  (a) A person, 
 legal entity, or other requester, however organized, that plans 
 to seek legislation establishing a new special license plate 
 shall submit the following information and fee to the Department 
 of Public Safety: 

    (1) The requester shall submit a request for the special 
 license plate being sought, describing the proposed license 
 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 department 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 department's cost of reviewing the 
 application and developing the special license plate if 
 authorized.  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 department 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 special 
 license plate sought by the requester is approved by law, the 
 requester shall submit the proposed design for the plate to the 
 department as soon as practicable, but not later than 120 days 
 after the effective date of the law authorizing issuance of the 
 plate.  The department is responsible for selecting the final 
 design for the special license plate. 

    (b) The requester that originally requested a special 
 license 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 department for the 
 cost of the plates. 

    Subd. 4.    Refund of fee.  If the special license plate 
 requested is not authorized in the legislative session at which 
 authorization was sought, the department shall refund $17,500 of 
 the application fee to the requester. 

    Subd. 5.    Discontinuance of plate.  (a) The department 
 shall discontinue the issuance or renewal of any special license 
 plate 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 department may discontinue the issuance or renewal 
 of any special license plate, and distribution of any 
 contributions resulting from that plate, if the department 
 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 license plates 
 issued under section 168.123, 168.124, 168.125, or 168.1255. 

    Subd. 6.    Use of contributions.  Contributions made as 
 a condition of obtaining a special license plate, 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 highway user tax 
 distribution fund.  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