Bill Text: MN HF91 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Choose Life license plates authorized, adoption support account established, and funds appropriated.
Spectrum: Strong Partisan Bill (Republican 17-1)
Status: (Introduced - Dead) 2011-03-31 - Author stricken Myhra [HF91 Detail]
Download: Minnesota-2011-HF91-Introduced.html
1.2relating to motor vehicles; authorizing special "Choose Life" license plates;
1.3establishing adoption support account and appropriating funds;proposing coding
1.4for new law in Minnesota Statutes, chapter 168.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [168.1295] CERTAIN SPECIAL PLATES; UNIFORM
1.7REQUIREMENTS.
1.8 Subdivision 1. Definition. For purposes of this section, "special plates" means
1.9plates, or a single motorcycle plate, that are (1) designed with wording and graphics that
1.10differ from a regular Minnesota passenger automobile plate or motorcycle plate, and (2)
1.11authorized under section 168.1299.
1.12 Subd. 2. General requirements; fees. The commissioner shall issue special plates
1.13to an applicant who:
1.14(1) meets any eligibility requirements established in the section of this chapter that
1.15specifically authorizes the special plates;
1.16(2) is a registered owner of a passenger automobile, one-ton pickup truck,
1.17motorcycle, or recreational motor vehicle;
1.18(3) pays the fee as required under section 168.12, subdivision 5;
1.19(4) pays the registration tax as required under section 168.013;
1.20(5) pays any other fees required under this chapter; and
1.21(6) complies with this chapter and rules governing the registration of motor vehicles
1.22and licensing of drivers.
1.23 Subd. 3. Transfers; fee. On application to the commissioner and payment of
1.24a transfer fee of $5, special plates may be transferred to another motor vehicle if the
2.1subsequent vehicle is (1) eligible for the special plates, and (2) registered to the same
2.2individual to whom the special plates were originally issued. Only a plate originally
2.3issued for a motorcycle may be transferred to a motorcycle.
2.4 Subd. 4. Plate removal, invalidation, replacement. (a) An individual may use
2.5special plates only during the period that the individual remains eligible for the plates.
2.6When the individual to whom the special plates were issued ceases to be eligible for
2.7the plates, the individual shall remove each set of plates issued. When ownership of a
2.8motor vehicle is transferred, the individual ceasing to have ownership shall remove the
2.9special plates from the motor vehicle.
2.10(b) If the commissioner receives written notification that an individual is no longer
2.11qualified for the special plates, the commissioner shall invalidate the plates and notify the
2.12individual of this action. The individual may retain the plates only upon demonstrating
2.13compliance with this section and any eligibility requirements established in the section of
2.14this chapter that specifically authorizes the special plates.
2.15(c) Upon removal or invalidation of the special plates, the owner of the motor
2.16vehicle, or the individual taking possession of the vehicle in the case of transfer of motor
2.17vehicle ownership, shall obtain plates for the proper registration classification for the
2.18motor vehicle.
2.19 Subd. 5. Record keeping. The commissioner shall maintain a record of the annual
2.20number of each type of special plate issued under this chapter.
2.21 Subd. 6. Rulemaking. The commissioner may adopt rules governing the issuance
2.22and use of the special plates.
2.23 Subd. 7. Legislative report. (a) By November 15 annually, the commissioner shall
2.24submit a report on the special plates to the chairs and ranking minority members of the
2.25legislative committees with jurisdiction over transportation policy and finance.
2.26(b) The report must, at a minimum, specify:
2.27(1) for each type of special plate, the number issued:
2.28(i) in the previous fiscal year; and
2.29(ii) since inception of the plate; and
2.30(2) for each type of special plate that requires an additional contribution in the
2.31section of this chapter that specifically authorizes the special plates:
2.32(i) the amount of contribution funds received (A) in the previous fiscal year, and (B)
2.33since inception of the plate; and
2.34(ii) a brief description of the primary expenditures and uses of contribution funds.
3.1(c) Any department, local unit of government, or agency receiving contribution
3.2funds in association with special plates shall assist the commissioner as requested in
3.3preparing the report under this subdivision.
3.4 Sec. 2. [168.1299] SPECIAL "CHOOSE LIFE" PLATES.
3.5 Subdivision 1. Plate application; contribution. (a) The commissioner shall issue
3.6special "Choose Life" plates to an applicant who (1) meets the requirements under section
3.7168.1295, and (2) makes an additional annual contribution of at least $25 to the adoption
3.8support account.
3.9(b) The application form for the special plates must clearly indicate that the
3.10contribution specified under paragraph (a), clause (2), is a minimum annual contribution
3.11to receive the plates and that the applicant may make an additional contribution.
3.12(c) Contributions under paragraph (a), clause (2), are not refundable.
3.13 Subd. 2. Design. The commissioner shall create a design or emblem for the special
3.14plate, which must include (1) a brightly colored, crayon-like image of children, and (2)
3.15the words "Choose Life."
3.16 Subd. 3. Compliance with other law. License plates issued under this section are
3.17not subject to section 168.1293, subdivision 2.
3.18 Subd. 4. Contribution funds; adoption support account. (a) An adoption support
3.19account is created in the special revenue fund. The account consists of contribution funds
3.20as required under subdivision 1, paragraph (a), clause (2), and any other money donated,
3.21allotted, transferred, or otherwise provided to the account.
3.22(b) Of the first dollars deposited in the account, an amount equal to the total costs
3.23associated with the initial development and issuance of the special plates is appropriated
3.24to the commissioner for plate start-up costs.
3.25(c) All money remaining in the account after the appropriation under paragraph (b) is
3.26appropriated to the commissioner for distribution to counties as provided in subdivision 5.
3.27 Subd. 5. Contribution funds; distribution and uses. (a) The commissioner shall
3.28distribute funds appropriated from the adoption support account under subdivision 4,
3.29paragraph (c), to each county in proportion to the contributions received under subdivision
3.301, paragraph (a), clause (2), from residents of that county.
3.31(b) Each county receiving funds under this subdivision shall distribute the funds as
3.32grants to nongovernmental, nonprofit agencies whose services are limited to counseling
3.33and meeting the physical needs of pregnant women who have committed to placing their
3.34children for adoption. A county may not distribute funds to:
4.1(1) any agency that is directly or indirectly involved in or associated with abortion
4.2activities, including (i) counseling for or referrals to abortion clinics, (ii) providing
4.3medical abortion-related procedures, or (iii) pro-abortion advertising; or
4.4(2) any agency that charges women for services received.
4.5(c) An agency that receives funds under this subdivision must use at least 70
4.6percent of those funds to (1) provide for the material needs of pregnant women who have
4.7committed to placing their children for adoption, including but not limited to clothing,
4.8housing, medical care, food, utilities, and transportation, or (2) provide for the needs of
4.9infants awaiting placement with adoptive parents.
4.10(d) An agency that receives funds under this subdivision shall expend any funds
4.11remaining after the expenditures under paragraph (c) for adoption counseling, training,
4.12or advertising, but may not expend funds for administrative expenses, legal expenses,
4.13or capital expenditures.
4.14(e) An agency that receives funds under this subdivision shall submit an annual
4.15audit, prepared by a certified public accountant, to the county. The county may conduct a
4.16consolidated audit in lieu of the annual audit. Unused funds that exceed ten percent of
4.17the funds received by an agency in a fiscal year must be returned to the county, and the
4.18county shall distribute these funds to other qualified agencies.
1.3establishing adoption support account and appropriating funds;proposing coding
1.4for new law in Minnesota Statutes, chapter 168.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [168.1295] CERTAIN SPECIAL PLATES; UNIFORM
1.7REQUIREMENTS.
1.8 Subdivision 1. Definition. For purposes of this section, "special plates" means
1.9plates, or a single motorcycle plate, that are (1) designed with wording and graphics that
1.10differ from a regular Minnesota passenger automobile plate or motorcycle plate, and (2)
1.11authorized under section 168.1299.
1.12 Subd. 2. General requirements; fees. The commissioner shall issue special plates
1.13to an applicant who:
1.14(1) meets any eligibility requirements established in the section of this chapter that
1.15specifically authorizes the special plates;
1.16(2) is a registered owner of a passenger automobile, one-ton pickup truck,
1.17motorcycle, or recreational motor vehicle;
1.18(3) pays the fee as required under section 168.12, subdivision 5;
1.19(4) pays the registration tax as required under section 168.013;
1.20(5) pays any other fees required under this chapter; and
1.21(6) complies with this chapter and rules governing the registration of motor vehicles
1.22and licensing of drivers.
1.23 Subd. 3. Transfers; fee. On application to the commissioner and payment of
1.24a transfer fee of $5, special plates may be transferred to another motor vehicle if the
2.1subsequent vehicle is (1) eligible for the special plates, and (2) registered to the same
2.2individual to whom the special plates were originally issued. Only a plate originally
2.3issued for a motorcycle may be transferred to a motorcycle.
2.4 Subd. 4. Plate removal, invalidation, replacement. (a) An individual may use
2.5special plates only during the period that the individual remains eligible for the plates.
2.6When the individual to whom the special plates were issued ceases to be eligible for
2.7the plates, the individual shall remove each set of plates issued. When ownership of a
2.8motor vehicle is transferred, the individual ceasing to have ownership shall remove the
2.9special plates from the motor vehicle.
2.10(b) If the commissioner receives written notification that an individual is no longer
2.11qualified for the special plates, the commissioner shall invalidate the plates and notify the
2.12individual of this action. The individual may retain the plates only upon demonstrating
2.13compliance with this section and any eligibility requirements established in the section of
2.14this chapter that specifically authorizes the special plates.
2.15(c) Upon removal or invalidation of the special plates, the owner of the motor
2.16vehicle, or the individual taking possession of the vehicle in the case of transfer of motor
2.17vehicle ownership, shall obtain plates for the proper registration classification for the
2.18motor vehicle.
2.19 Subd. 5. Record keeping. The commissioner shall maintain a record of the annual
2.20number of each type of special plate issued under this chapter.
2.21 Subd. 6. Rulemaking. The commissioner may adopt rules governing the issuance
2.22and use of the special plates.
2.23 Subd. 7. Legislative report. (a) By November 15 annually, the commissioner shall
2.24submit a report on the special plates to the chairs and ranking minority members of the
2.25legislative committees with jurisdiction over transportation policy and finance.
2.26(b) The report must, at a minimum, specify:
2.27(1) for each type of special plate, the number issued:
2.28(i) in the previous fiscal year; and
2.29(ii) since inception of the plate; and
2.30(2) for each type of special plate that requires an additional contribution in the
2.31section of this chapter that specifically authorizes the special plates:
2.32(i) the amount of contribution funds received (A) in the previous fiscal year, and (B)
2.33since inception of the plate; and
2.34(ii) a brief description of the primary expenditures and uses of contribution funds.
3.1(c) Any department, local unit of government, or agency receiving contribution
3.2funds in association with special plates shall assist the commissioner as requested in
3.3preparing the report under this subdivision.
3.4 Sec. 2. [168.1299] SPECIAL "CHOOSE LIFE" PLATES.
3.5 Subdivision 1. Plate application; contribution. (a) The commissioner shall issue
3.6special "Choose Life" plates to an applicant who (1) meets the requirements under section
3.7168.1295, and (2) makes an additional annual contribution of at least $25 to the adoption
3.8support account.
3.9(b) The application form for the special plates must clearly indicate that the
3.10contribution specified under paragraph (a), clause (2), is a minimum annual contribution
3.11to receive the plates and that the applicant may make an additional contribution.
3.12(c) Contributions under paragraph (a), clause (2), are not refundable.
3.13 Subd. 2. Design. The commissioner shall create a design or emblem for the special
3.14plate, which must include (1) a brightly colored, crayon-like image of children, and (2)
3.15the words "Choose Life."
3.16 Subd. 3. Compliance with other law. License plates issued under this section are
3.17not subject to section 168.1293, subdivision 2.
3.18 Subd. 4. Contribution funds; adoption support account. (a) An adoption support
3.19account is created in the special revenue fund. The account consists of contribution funds
3.20as required under subdivision 1, paragraph (a), clause (2), and any other money donated,
3.21allotted, transferred, or otherwise provided to the account.
3.22(b) Of the first dollars deposited in the account, an amount equal to the total costs
3.23associated with the initial development and issuance of the special plates is appropriated
3.24to the commissioner for plate start-up costs.
3.25(c) All money remaining in the account after the appropriation under paragraph (b) is
3.26appropriated to the commissioner for distribution to counties as provided in subdivision 5.
3.27 Subd. 5. Contribution funds; distribution and uses. (a) The commissioner shall
3.28distribute funds appropriated from the adoption support account under subdivision 4,
3.29paragraph (c), to each county in proportion to the contributions received under subdivision
3.301, paragraph (a), clause (2), from residents of that county.
3.31(b) Each county receiving funds under this subdivision shall distribute the funds as
3.32grants to nongovernmental, nonprofit agencies whose services are limited to counseling
3.33and meeting the physical needs of pregnant women who have committed to placing their
3.34children for adoption. A county may not distribute funds to:
4.1(1) any agency that is directly or indirectly involved in or associated with abortion
4.2activities, including (i) counseling for or referrals to abortion clinics, (ii) providing
4.3medical abortion-related procedures, or (iii) pro-abortion advertising; or
4.4(2) any agency that charges women for services received.
4.5(c) An agency that receives funds under this subdivision must use at least 70
4.6percent of those funds to (1) provide for the material needs of pregnant women who have
4.7committed to placing their children for adoption, including but not limited to clothing,
4.8housing, medical care, food, utilities, and transportation, or (2) provide for the needs of
4.9infants awaiting placement with adoptive parents.
4.10(d) An agency that receives funds under this subdivision shall expend any funds
4.11remaining after the expenditures under paragraph (c) for adoption counseling, training,
4.12or advertising, but may not expend funds for administrative expenses, legal expenses,
4.13or capital expenditures.
4.14(e) An agency that receives funds under this subdivision shall submit an annual
4.15audit, prepared by a certified public accountant, to the county. The county may conduct a
4.16consolidated audit in lieu of the annual audit. Unused funds that exceed ten percent of
4.17the funds received by an agency in a fiscal year must be returned to the county, and the
4.18county shall distribute these funds to other qualified agencies.
