Bill Text: MI HB5447 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Vehicles; fund-raising registration plates; maximum number of fund-raising plates; establish, and make other revisions. Amends secs. 811e & 811h of 1949 PA 300 (MCL 257.811e & 257.811h).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-01 - Assigned Pa 327'16 With Immediate Effect [HB5447 Detail]
Download: Michigan-2015-HB5447-Introduced.html
HOUSE BILL No. 5447
March 10, 2016, Introduced by Rep. Pettalia and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 811e and 811h (MCL 257.811e and 257.811h), as
amended by 2015 PA 78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 811e. (1) The secretary of state may develop a fund-
raising plate as provided in this section.
(2)
A start-up fee of $15,000.00 in
an amount equal to a 3-
year average of the cost to the secretary of state of developing a
new fund-raising plate, as calculated by the secretary of state on
January 1 of each year, shall be paid for any new fund-raising
plate authorized under this section. The secretary of state shall
deposit the fee in the transportation administration collection
fund
through October 1, 2019 to be used for the cost of creating,
producing, and issuing fund-raising plates. If the fee described in
this subsection is not paid within 18 months after the effective
date of the public act that authorizes the development and issuance
of a fund-raising plate, the secretary of state shall not create,
produce, or issue the related fund-raising plate. A start-up fee
paid under this subsection is nonrefundable.
(3) Not less than 3 years after the secretary of state first
issues 1 of the fund-raising plates as described in subsection (1)
and upon payment of $2,000.00, the Michigan university or other
person sponsoring that fund-raising plate may redesign it as
approved by the secretary of state. The secretary of state shall
deposit the payment required under this subsection in the
transportation administration collection fund created under section
810b
through October 1, 2019 to be used for the cost of creating,
producing, and issuing fund-raising plates. A payment under this
subsection is nonrefundable.
(4) The secretary of state may develop 1 or more limited term
registration plates to recognize a Michigan university or an
accomplishment or occasion of a Michigan university.
(5) The secretary of state may, at any 1 time, develop,
produce, issue, or make available for sale not more than 10
different state-sponsored fund-raising plates as described in this
section, and matching state-sponsored collector plates as described
in section 811g.
(6) The secretary of state shall not develop or issue a fund-
raising plate unless a public act authorizing the fund-raising
plate, at a minimum, does all of the following:
(a) Identifies the purpose of the fund-raising plate.
(b) Creates a nonprofit fund or designates an existing
nonprofit fund to receive the money raised through the sale of
fund-raising plates and matching collector plates.
(c) If a fund is created, names the person or entity
responsible for administering the fund.
Sec. 811h. (1) The secretary of state shall credit each
service fee collected under sections 811f and 811g to the
transportation administration collection fund created under section
810b. through
October 1, 2019.
(2) The secretary of state shall identify and segregate the
fund-raising donations collected under sections 811f and 811g into
separate accounts. The secretary of state shall create a separate
account for each fund-raising plate and its matching collector
plates
plate issued or sold by the secretary of state.
(3) As determined necessary by the secretary of state but not
more than 45 days after the end of each calendar quarter, the
secretary of state shall not less than once each calendar quarter
authorize the disbursement of fund-raising donations segregated
under subsection (2) and, independent from any disbursement under
subsection (2), report the number of each type of fund-raising and
collector plates issued, sold, or renewed to the following, as
appropriate:
(a) The treasurer of a Michigan university.
(b)
The person or entity identified in a public act pursuant
to
described in section 811e to administer a state-sponsored fund-
raising registration plate fund.
(c) The sponsor of a fund-raising plate issued as prescribed
under section 811e that was developed and issued after January 1,
2007.
(4) A fund-raising plate created after January 1, 2007 shall
meet or exceed the following sales goals:
(a) In the first year, 2,000 plates.
(b) In the second and each subsequent year for 5 years, 500
original plates.
(5)
The secretary of state may shall
cease to issue a fund-
raising plate or to issue a duplicate replacement of a fund-raising
plate for use on a vehicle if that fund-raising plate fails to meet
a sales goal described in subsection (4). The secretary of state
may
shall also cease to sell a collector plate that matches
the
discontinued fund-raising plate. However, the secretary of state
may continue to renew fund-raising plates already issued and
collect the renewal fund-raising donation for those plates.
(6) The state of Michigan, through the secretary of state,
shall own all right, title, and interest in all fund-raising plates
and collector plates, including the right to use, reproduce, or
distribute a fund-raising or collector plate or the image of a
fund-raising or collector plate in any form. The secretary of state
may authorize the commercial or other use of a fund-raising or
collector plate design, logo, or image if written consent is
obtained from the pertinent Michigan university or other person
that sponsored a fund-raising plate. However, the secretary of
state shall not authorize the commercial or other use of a fund-
raising or collector plate under this section unless the user first
agrees in writing to the terms and conditions that the secretary of
state considers necessary. Those terms and conditions may include
the payment of royalty fees to 1 or more of the following:
(a) This state.
(b) A Michigan university.
(c) Another person that sponsored a fund-raising plate.
(7) The secretary of state shall credit a royalty fee paid to
this state under a written agreement described in subsection (6) to
the transportation administration collection fund created under
section
810b. through October 1, 2019.
(8) Beginning not later than February 1, 2007, and annually
after that, an organization receiving fund-raising donations
disbursed under this section shall report to the state treasurer. A
report under this subsection shall include a summary of
expenditures during the preceding year of the money received under
this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
