June 5, 2008, Introduced by Rep. Sak and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 811d and 811e (MCL 257.811d and 257.811e), as
amended by 2006 PA 562.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 811d. (1) As used in this chapter:
(a) "Fund-raising plate" means a registration plate authorized
to raise funds for a specified goal.
(b) "Collector plate" means a collector plate that matches any
registration plate developed and issued under this act.
(c) "Nonprofit" means that which is exempt from taxation under
section 501(c)(3) of the internal revenue code, 26 USC 501.
(d) "Transportation administration collection fund" means the
fund created under section 810b.
(2) A fund-raising plate shall contain all of the following as
prescribed or approved by the secretary of state:
(a) The same generic background.
(b) Letters and numbers.
(c) The word "Michigan" and any other unique identifier
specified by the secretary of state.
(d) A design or logo.
(3) If the design or logo of a fund-raising plate uses 1 or
more designs, trade names, trademarks, service marks, emblems,
symbols, or other images that are owned by a Michigan university,
Michigan community college, or other person, the Michigan
university, Michigan community college, or other person shall grant
to or obtain for the secretary of state both of the following
pursuant
according to a written agreement between the parties:
(a) A nonexclusive worldwide license to use those designs,
trade names, trademarks, service marks, emblems, symbols, or other
images on and in conjunction with the marketing, promotion, sale,
or copyrighting of the registration plate or image of the fund-
raising plate.
(b) The authority to merchandise the fund-raising plate or an
image of the fund-raising plate.
(4) In using or employing a design, trade name, trademark,
service mark, emblem, symbol, logo, or other image on and in
conjunction with the marketing, promotion, sale, copyrighting, or
merchandising of a fund-raising plate or image of the fund-raising
plate, the secretary of state may alter the size of the design,
trade name, trademark, service mark, emblem, symbol, logo, or other
image but shall not change the color or design of the design, trade
name, trademark, service mark, emblem, symbol, logo, or other image
without the prior written consent of the respective Michigan
university, Michigan community college, or other person. The
secretary of state shall not use or employ a design, trade name,
trademark, service mark, emblem, symbol, logo, or other image on
and in conjunction with the marketing, promotion, sale,
copyrighting, or merchandising of a fund-raising plate or an image
of the fund-raising plate in any manner that is offensive to the
Michigan university, Michigan community college, or other person
that owns the design, trade name, trademark, service mark, emblem,
symbol, logo, or other image that is the subject of a written
agreement under subsection (3).
Sec.
811e. (1) Beginning January
1, 2007, the The secretary
of
state may develop a fund-raising plate as provided in this section.
(2)
A Except as provided in
subsection (7), a start-up fee of
$15,000.00 shall be paid for any new fund-raising plate authorized
under this section, which fee shall be deposited in the
transportation administration collection fund 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
of the effective date of the public act that authorizes the
development and issuance of a fund-raising plate, then the related
fund-raising plate shall not be created, produced, or issued. 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, Michigan
community college, or other person sponsoring that fund-raising
plate may redesign it as approved by the secretary of state. The
payment required under this subsection shall be deposited in the
transportation administration collection fund 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, a Michigan
community college, or an accomplishment or occasion of a Michigan
university or Michigan community college.
(5)
The secretary of state may , at any 1 time, develop not
more
than 8 different state sponsored
fund-raising registration
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.
(7) The secretary of state may develop a fund-raising
registration plate for any Michigan community college that requests
the secretary of state to do so. If a Michigan community college
requests the secretary of state to develop a fund-raising
registration plate under this section, the Michigan community
college is exempt from paying the $15,000.00 start-up fee.