HB 5139 as passed the House December 10, 2003
SUBSTITUTE FOR
HOUSE BILL NO. 5139
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 811e (MCL 257.811e), as amended by 2001 PA
124, and by adding sections 811p and 811q; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 811e. (1) The secretary of state may develop a
2 Michigan university fund-raising registration plate as described
3 in this section , and
a matching Michigan university collector
4 plate as described in section 811g.
5 (2) The secretary of state may develop 1 or more limited term
6 registration plates to recognize a state-sponsored event, a
7 Michigan university, or an accomplishment or occasion of a
8 Michigan university.
9 (3) The secretary of
state may , at any 1 time, develop
1 not more than 7
different state-sponsored
fund-raising
2 registration plates as
described in this section , and matching
3 state-sponsored collector plates as described in section 811g.
4 As used in this section, "state-sponsored fund-raising
5 registration plate" means a fund-raising registration plate
6 authorized by a public act to raise funds for a state-sponsored
7 goal. The public act shall, at a minimum, do all of the
8 following:
9 (a) Identify the purpose of the state-sponsored fund-raising
10 registration plate.
11 (b) Create a fund or designate an existing fund to receive
12 the money raised through the sale of state-sponsored fund-raising
13 registration plates and matching collector plates.
14 (c) If a fund is created, name the person or entity
15 responsible for administering the fund.
16 (4) The secretary of state may develop, promote, and market
17 the fund-raising registration plates and matching collector
18 plates issued under this section with the funds available through
19 service fees.
20 (5) If the design or logo of a Michigan university
21 fund-raising registration
plate, or a state-sponsored
22 fund-raising registration plate, or a professional sports team
23 fund-raising registration plate uses 1 or more designs, trade
24 names, trademarks, service marks, emblems, symbols, or other
25 images that are owned by the Michigan university that is
26 requesting the Michigan university fund-raising plate, the person
27 or entity that is sponsoring a state-sponsored fund-raising
1 plate, professional sports team, or any other person or entity,
2 the Michigan university,
or sponsoring person or entity, or
3 professional sports team shall grant to or obtain for the
4 secretary of state both of the following pursuant to a written
5 agreement between the parties:
6 (a) A nonexclusive worldwide license to use those designs,
7 trade names, trademarks, service marks, emblems, symbols, or
8 other images on and in conjunction with the marketing, promotion,
9 sale, or copyrighting of the registration plate or image of the
10 registration plate.
11 (b) The authority to merchandise the registration plate or an
12 image of the registration plate.
13 (6) In using or employing a design, trade name, trademark,
14 service mark, emblem, symbol, logo, or other image on and in
15 conjunction with the marketing, promotion, sale, copyrighting, or
16 merchandising of a registration plate or image of the
17 registration plate, the secretary of state may alter the size of
18 the design, trade name, trademark, service mark, emblem, symbol,
19 logo, or other image but shall not change the color or design of
20 the design, trade name, trademark, service mark, emblem, symbol,
21 logo, or other image without the prior written consent of the
22 respective Michigan
university, or sponsoring person or entity,
23 or professional sports team. The secretary of state shall not
24 use or employ a design, trade name, trademark, service mark,
25 emblem, symbol, logo, or other image on and in conjunction with
26 the marketing, promotion, sale, copyrighting, or merchandising of
27 a registration plate or an image of the registration plate in any
1 manner that is offensive to the Michigan university or sponsoring
2 person or entity that complies with subsection (5).
3 (7) As used in this section, "Michigan university
4 fund-raising registration plate" means a fund-raising
5 registration plate that is issued under this section at the
6 request of a Michigan university.
7 Sec. 811p. (1) The secretary of state may develop under
8 section 811e and, upon application, may issue under section 811f
9 a state-sponsored professional sports team fund-raising
10 registration plate and a matching state-sponsored professional
11 sports team fund-raising collector plate as provided under
12 section 811g. The plate shall be of a design as determined by
13 the secretary of state that includes a logo of 1 of the following
14 professional sports teams:
15 (a) Detroit Red Wings.
16 (b) Detroit Lions.
17 (c) Detroit Pistons.
18 (d) Detroit Shock.
19 (e) Detroit Fury.
20 (f) Detroit Tigers.
21 (2) A professional sports team that enters into a written
22 agreement with the secretary of state for the development of a
23 plate under this section shall agree that the service fees
24 derived from the sale of a state-sponsored registration plate
25 bearing its logo and matching collector plate shall be deposited
26 in the professional sports team fund created in section 811q to
27 be disbursed as provided in section 811q.
House Bill 5139 (H-2) as amended December 10, 2003
1 (3) State-sponsored professional sports team fund-raising
2 registration plate service fees collected under this section by
3 the secretary of state shall be identified and segregated by the
4 secretary of state into a separate account. The secretary of
5 state shall on a quarterly basis transfer the balance of the
6 state-sponsored professional sports team registration plate
7 service fees to the state treasurer, who shall credit the fee
8 money to the professional sports team fund created in section
9 811q. The money credited to the professional sports team fund
10 shall only be expended as provided in section 811q.
11 (4) This section is repealed September 30, 2005.
12 Sec. 811q. (1) The professional sports team fund is created
13 within the state treasury.
14 (2) The state treasurer may receive money or other assets
15 from any source for deposit into the fund. The state treasurer
16 shall direct the investment of the fund. The state treasurer
17 shall credit to the fund interest and earnings from fund
18 investments.
19 (3) Money in the fund at the close of the fiscal year shall
20 remain in the fund and shall not lapse to the general fund.
21 (4) The department of treasury shall disburse money in the
22 fund on a quarterly basis as follows:
23 (a) From the money received from the sale of Detroit Red
24 Wings logo registration plates, the state treasurer shall
25 distribute [98% of the amount to the Ilitch charities for children
26 and 2% to the United States Olympic education center located in Marquette, Michigan.]
27 (b) From the money received from the sale of Detroit Lions
House Bill 5139 (H-2) as amended November 13 and December 10, 2003
1 logo registration plates, the state treasurer shall distribute
2 [98% of the amount to the Detroit Lions charities and 2% to the United States Olympic education center located in Marquette, Michigan.]
3 (c) From the money received from the sale of Detroit Fury
4 logo registration plates, the state treasurer shall distribute
5 [98% of the amount to the Palace-Pistons Foundation and 2% to the United States Olympic education center located in Marquette, Michigan.]
6 (d) From the money received from the sale of Detroit Pistons
7 logo registration plates, the state treasurer shall distribute
8 [98% of the amount to the Palace Foundation and 2% to the United States Olympic education center located in Marquette, Michigan.]
9 (e) From the money received from the sale of Detroit Shock
10 logo registration plates, the state treasurer shall distribute
11 [98% of the amount to the Palace-Pistons Foundation and 2% to the United States Olympic education center located in Marquette, Michigan.]
12 (f) From the money received from the sale of Detroit Tigers
13 logo registration plates, the state treasurer shall distribute
14 [98% of the amount to the Ilitch charities for children and 2% to the United States Olympic education center located in Marquette, Michigan.]
15 (5) Beginning not later than February 1, 2005, and annually
16 after that, an organization receiving money under this section [, not including the United States Olympic education center located in Marquette, Michigan,]
17 shall report to the state treasurer. A report under this
18 subsection shall include a summary of expenditures during the
19 preceding year of the money received under this section.
20 (6) [ An] organization
21 receiving money disbursed under this section [, not including the United States Olympic education center located in Marquette, Michigan,] shall [ ] use that
22 money [for any of the following purposes:
23 (a) Support for youth sports programs for boys and girls across the
24 State including purchase of equipment or uniforms, payment of costs
25 associated with improvements to athletic facilities, or payment of costs
26 for training of athletes or for conducting sports camps.
27 (b) Provision of college scholarships for graduating high school
House Bill No. 5139 (H-2) as amended November 13, 2003
1 seniors across the state who demonstrate financial need and who have been accepted into a Michigan college or university.
(c) Support for after school programs across the state that provide academic, cultural and/or recreational activities for youth in deprived and depressed communities.]