HB-6137, As Passed Senate, December 12, 2006
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6137
(As amended, December 12, 2006)
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i,
811j, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e,
257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 257.811l, and
257.811n), sections 217d and 811h as amended by 2003 PA 152,
section 801 as amended by 2006 PA 136, section 811d as amended by
2005 PA 317, section 811e as amended by 2001 PA 124, sections 811f
and 811g as added by 2000 PA 77, section 811i as added by 2000 PA
74, section 811j as added by 2000 PA 71, section 811l as added by
2000 PA 70, and section 811n as added by 2000 PA 79, and by adding
House Bill No. 6137 as amended December 12, 2006
sections 811m, 811o, 811p, and 811q; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 217d. (1) The secretary of state shall design and may
issue a special congressional medal of honor registration plate for
residents of this state awarded the congressional medal of honor.
(2) A special congressional medal of honor registration plate
shall be issued only for 1 vehicle intended for personal use by the
applicant.
(3) A person who is a recipient of the congressional medal of
honor may apply to the secretary of state for a special
registration plate under this section on a form prescribed by the
secretary of state, which shall be accompanied by any proof of the
applicant having been a congressional medal of honor recipient that
the secretary of state may require. The secretary of state shall
waive the $5.00 service fee requirement under section 804.
(4) A person who qualifies to be issued a special registration
plate under this section is entitled to only 1 special registration
plate issued under subsection (1) that is exempt from payment of
the tax provided in section 801.
(5) A person with disabilities who applies for a special
registration plate under this section shall be issued a tab for
persons with disabilities as provided in section 803f for his or
her special registration plate. The secretary of state shall
require the same proof that the applicant is disabled as is
required for issuance of a permanent windshield placard under
section 675.
(6) A special registration plate issued under subsection (1)
expires on the birthday of the vehicle owner in a year in which new
plates are issued by the secretary of state.
(7) The secretary of state shall deliver or cause to be
delivered 1 or more special registration plates issued under this
section to the home address of the applicant at no additional cost
to the applicant.
(8)
The secretary of state shall develop and, upon
application,
may issue a Michigan veterans memorial registration
plate
to an applicant for use on the passenger motor vehicle,
pickup
truck, van, motor home, hearse, bus, trailer coach, or
trailer
for which the registration plate is issued instead of a
standard
registration plate. Michigan veterans memorial
registration
plates shall bear letters and numbers that the
secretary
of state prescribes. The plate shall be of a design as
determined
by the secretary of state. The word "Michigan" shall
appear
on each Michigan veterans memorial registration plate.
(9)
An application for a Michigan veterans memorial
registration
plate shall be submitted to the secretary of state
pursuant
to the procedures prescribed in section 217. Application
for
an original or renewal Michigan veterans memorial registration
plate
shall be accompanied with payment of the regular vehicle
registration
tax in addition to the following:
(a)
For an original Michigan veterans memorial registration
plate,
a donation of $25.00 and a service fee of not more than
$10.00,
as determined by the secretary of state.
(b)
For a renewal Michigan veterans memorial registration
plate,
a service fee of $10.00.
(10)
A Michigan veterans memorial registration plate shall
expire
as described in section 226. Upon the issuance or renewal of
a
Michigan veterans memorial registration plate, the secretary
of
state
may issue a tab or tabs designating the month and year of
expiration.
(11)
The secretary of state may issue a temporary registration
permit
to a person who submits an application and the proper
payments
for a Michigan veterans memorial registration plate if the
applicant's
current vehicle registration will expire before his or
her
receipt of a Michigan veterans memorial registration plate. The
temporary
registration shall expire upon receipt of a Michigan
veterans
memorial registration plate or 60 days after the issuance
of
a Michigan veterans memorial registration plate, whichever
occurs
first. The temporary permit shall be issued without a
separate
fee.
(12)
Michigan veterans memorial registration plate service
fees
collected under this section by the secretary of state shall
be
identified and segregated by the secretary of state into a
separate
account. After deducting the manufacturing and
administrative
costs of the secretary of state, including
administrative
costs associated with issuing, replacing, and
substituting
plates, the secretary of state shall on a quarterly
basis
transfer all of the donations and the balance of the Michigan
veterans
memorial registration plate service fees to the state
treasurer
who shall credit the fee money to the Vietnam veterans
memorial
monument fund created in section 3 of the Michigan Vietnam
veterans
memorial act, 1988 PA 234, MCL 35.1053. These funds shall
be
used exclusively for the purposes described in sections 5 and 7
of
the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL
35.1055
and 35.1057.
(13)
For purposes of this section, "Michigan veterans
memorial
registration
plate" means a registration plate containing a
specialized
design pertaining to Michigan veterans.
Sec. 801. (1) The secretary of state shall collect the
following taxes at the time of registering a vehicle, which shall
exempt the vehicle from all other state and local taxation, except
the fees and taxes provided by law to be paid by certain carriers
operating motor vehicles and trailers under the motor carrier act,
1933 PA 254, MCL 475.1 to 479.43; the taxes imposed by the motor
carrier fuel tax act, 1980 PA 119, MCL 207.211 to 207.234; and
except as otherwise provided by this act:
(a) For a motor vehicle, including a motor home, except as
otherwise provided, and a pickup truck or van that weighs not more
than 8,000 pounds, except as otherwise provided, according to the
following schedule of empty weights:
Empty weights Tax
0 to 3,000 pounds....................................... $ 29.00
3,001 to 3,500 pounds................................... 32.00
3,501 to 4,000 pounds................................... 37.00
4,001 to 4,500 pounds................................... 43.00
4,501 to 5,000 pounds................................... 47.00
5,001 to 5,500 pounds................................... 52.00
5,501 to 6,000 pounds................................... 57.00
6,001 to 6,500 pounds................................... 62.00
6,501 to 7,000 pounds................................... 67.00
7,001 to 7,500 pounds................................... 71.00
7,501 to 8,000 pounds................................... 77.00
8,001 to 8,500 pounds................................... 81.00
8,501 to 9,000 pounds................................... 86.00
9,001 to 9,500 pounds................................... 91.00
9,501 to 10,000 pounds.................................. 95.00
over 10,000 pounds........................ $ 0.90 per 100 pounds
of empty weight
On October 1, 1983, and October 1, 1984, the tax assessed
under this subdivision shall be annually revised for the
registrations expiring on the appropriate October 1 or after that
date by multiplying the tax assessed in the preceding fiscal year
times the personal income of Michigan for the preceding calendar
year divided by the personal income of Michigan for the calendar
year that preceded that calendar year. In performing the
calculations under this subdivision, the secretary of state shall
use the spring preliminary report of the United States department
of commerce or its successor agency. A van that is owned by an
individual who uses a wheelchair or by an individual who transports
a resident of his or her household who uses a wheelchair and for
which registration plates are issued under section 803d shall be
assessed at the rate of 50% of the tax provided for in this
subdivision.
(b) For a trailer coach attached to a motor vehicle, the tax
shall be assessed as provided in subdivision (l). A trailer coach
not under 1959 PA 243, MCL 125.1035 to 125.1043, and while located
on land otherwise assessable as real property under the general
property tax act, 1893 PA 206, MCL 211.1 to 211.157, if the trailer
coach is used as a place of habitation, and whether or not
permanently affixed to the soil, is not exempt from real property
taxes.
(c) For a road tractor, truck, or truck tractor owned by a
farmer and used exclusively in connection with a farming operation,
including a farmer hauling livestock or farm equipment for other
farmers for remuneration in kind or in labor, but not for money, or
used for the transportation of the farmer and the farmer's family,
and not used for hire, 74 cents per 100 pounds of empty weight of
the road tractor, truck, or truck tractor. If the road tractor,
truck, or truck tractor owned by a farmer is also used for a
nonfarming operation, the farmer is subject to the highest
registration tax applicable to the nonfarm use of the vehicle but
is not subject to more than 1 tax rate under this act.
(d) For a road tractor, truck, or truck tractor owned by a
wood harvester and used exclusively in connection with the wood
harvesting operations or a truck used exclusively to haul milk from
the farm to the first point of delivery, 74 cents per 100 pounds of
empty weight of the road tractor, truck, or truck tractor. A
registration secured by payment of the tax prescribed in this
subdivision continues in full force and effect until the regular
expiration date of the registration. As used in this subdivision:
(i) "Wood harvester" includes the person or persons hauling and
transporting raw materials in the form produced at the harvest site
or hauling and transporting wood harvesting equipment. Wood
harvester does not include a person or persons whose primary
activity is tree-trimming or landscaping.
(ii) "Wood harvesting equipment" includes all of the following:
(A) A vehicle that directly harvests logs or timber,
including, but not limited to, a processor or a feller buncher.
(B) A vehicle that directly processes harvested logs or
timber, including, but not limited to, a slasher, delimber,
processor, chipper, or saw table.
(C) A vehicle that directly processes harvested logs or
timber, including, but not limited to, a forwarder, grapple
skidder, or cable skidder.
(D) A vehicle that directly loads harvested logs or timber,
including, but not limited to, a knucle-boom loader, front-end
loader, or forklift.
(E) A bulldozer or road grader being transported to a wood
harvesting site specifically for the purpose of building or
maintaining harvest site roads.
(iii) "Wood harvesting operations" does not include the
transportation of processed lumber, Christmas trees, or processed
firewood for a profit making venture.
(e) For a hearse or ambulance used exclusively by a licensed
funeral director in the general conduct of the licensee's funeral
business, including a hearse or ambulance whose owner is engaged in
the business of leasing or renting the hearse or ambulance to
others, $1.17 per 100 pounds of the empty weight of the hearse or
ambulance.
(f) For a vehicle owned and operated by this state, a state
institution, a municipality, a privately incorporated, nonprofit
volunteer fire department, or a nonpublic, nonprofit college or
university, $5.00 per plate. A registration plate issued under this
subdivision expires on June 30 of the year in which new
registration plates are reissued for all vehicles by the secretary
of state.
(g) For a bus including a station wagon, carryall, or
similarly constructed vehicle owned and operated by a nonprofit
parents' transportation corporation used for school purposes,
parochial school or society, church Sunday school, or any other
grammar school, or by a nonprofit youth organization or nonprofit
rehabilitation facility; or a motor vehicle owned and operated by a
senior citizen center, $10.00, if the bus, station wagon, carryall,
or similarly constructed vehicle or motor vehicle is designated by
proper signs showing the organization operating the vehicle.
(h) For a vehicle owned by a nonprofit organization and used
to transport equipment for providing dialysis treatment to children
at camp; for a vehicle owned by the civil air patrol, as organized
under 36 USC 40301 to 40307, $10.00 per plate, if the vehicle is
designated by a proper sign showing the civil air patrol's name;
for a vehicle owned and operated by a nonprofit veterans center;
for a vehicle owned and operated by a nonprofit recycling center or
a federally recognized nonprofit conservation organization; for a
motor vehicle having a truck chassis and a locomotive or ship's
body that is owned by a nonprofit veterans organization and used
exclusively in parades and civic events; or for an emergency
support vehicle used exclusively for emergencies and owned and
operated by a federally recognized nonprofit charitable
organization, $10.00 per plate.
(i) For each truck owned and operated free of charge by a bona
fide ecclesiastical or charitable corporation, or red cross, girl
scout, or boy scout organization, 65 cents per 100 pounds of the
empty weight of the truck.
(j) For each truck, weighing 8,000 pounds or less, and not
used to tow a vehicle, for each privately owned truck used to tow a
trailer for recreational purposes only and not involved in a profit
making venture, and for each vehicle designed and used to tow a
mobile home or a trailer coach, except as provided in subdivision
(b), $38.00 or an amount computed according to the following
schedule of empty weights, whichever is greater:
Empty weights Per 100 pounds
0 to 2,500 pounds........................................ $ 1.40
2,501 to 4,000 pounds.................................... 1.76
4,001 to 6,000 pounds.................................... 2.20
6,001 to 8,000 pounds.................................... 2.72
8,001 to 10,000 pounds................................... 3.25
10,001 to 15,000 pounds.................................. 3.77
15,001 pounds and over................................... 4.39
If the tax required under subdivision (p) for a vehicle of the
same model year with the same list price as the vehicle for which
registration is sought under this subdivision is more than the tax
provided under the preceding provisions of this subdivision for an
identical vehicle, the tax required under this subdivision is not
less than the tax required under subdivision (p) for a vehicle of
the same model year with the same list price.
(k) For each truck weighing 8,000 pounds or less towing a
trailer or any other combination of vehicles and for each truck
weighing 8,001 pounds or more, road tractor or truck tractor,
except as provided in subdivision (j) according to the following
schedule of elected gross weights:
Elected gross weight Tax
0 to 24,000 pounds................................... $ 491.00
24,001 to 26,000 pounds.............................. 558.00
26,001 to 28,000 pounds.............................. 558.00
28,001 to 32,000 pounds.............................. 649.00
32,001 to 36,000 pounds.............................. 744.00
36,001 to 42,000 pounds.............................. 874.00
42,001 to 48,000 pounds.............................. 1,005.00
48,001 to 54,000 pounds.............................. 1,135.00
54,001 to 60,000 pounds.............................. 1,268.00
60,001 to 66,000 pounds.............................. 1,398.00
66,001 to 72,000 pounds.............................. 1,529.00
72,001 to 80,000 pounds.............................. 1,660.00
80,001 to 90,000 pounds.............................. 1,793.00
90,001 to 100,000 pounds............................. 2,002.00
100,001 to 115,000 pounds............................ 2,223.00
115,001 to 130,000 pounds............................ 2,448.00
130,001 to 145,000 pounds............................ 2,670.00
145,001 to 160,000 pounds............................ 2,894.00
over 160,000 pounds.................................. 3,117.00
For each commercial vehicle registered under this subdivision,
$15.00 shall be deposited in a truck safety fund to be expended for
the purposes prescribed in section 25 of 1951 PA 51, MCL 247.675.
If a truck or road tractor without trailer is leased from an
individual owner-operator, the lessee, whether a person, firm, or
corporation, shall pay to the owner-operator 60% of the tax
prescribed in this subdivision for the truck tractor or road
tractor at the rate of 1/12 for each month of the lease or
arrangement in addition to the compensation the owner-operator is
entitled to for the rental of his or her equipment.
(l) For each pole trailer, semitrailer, trailer coach, or
trailer, the tax shall be assessed according to the following
schedule of empty weights:
Empty weights Tax
0 to 2,499 pounds...................................... $ 75.00
2,500 to 9,999 pounds.................................. 200.00
10,000 pounds and over................................. 300.00
The registration plate issued under this subdivision expires
only when the secretary of state reissues a new registration plate
for
all trailers. If Beginning
October 1, 2005, if the
secretary
of state reissues a new registration plate for all trailers, a
person who has once paid the tax as increased by 2003 PA 152 for a
vehicle under this subdivision is not required to pay the tax for
that vehicle a second time, but is required to pay only the cost of
the reissued plate at the rate provided in section 804(2) for a
standard plate. A registration plate issued under this subdivision
is nontransferable.
(m) For each commercial vehicle used for the transportation of
passengers for hire except for a vehicle for which a payment is
made under 1960 PA 2, MCL 257.971 to 257.972, according to the
following schedule of empty weights:
Empty weights Per 100 pounds
0 to 4,000 pounds....................................... $ 1.76
4,001 to 6,000 pounds................................... 2.20
6,001 to 10,000 pounds.................................. 2.72
10,001 pounds and over.................................. 3.25
(n) For each motorcycle................................. $ 23.00
On October 1, 1983, and October 1, 1984, the tax assessed
under this subdivision shall be annually revised for the
registrations expiring on the appropriate October 1 or after that
date by multiplying the tax assessed in the preceding fiscal year
times the personal income of Michigan for the preceding calendar
year divided by the personal income of Michigan for the calendar
year that preceded that calendar year. In performing the
calculations under this subdivision, the secretary of state shall
use the spring preliminary report of the United States department
of commerce or its successor agency.
Beginning January 1, 1984, the registration tax for each
motorcycle is increased by $3.00. The $3.00 increase is not part of
the tax assessed under this subdivision for the purpose of the
annual October 1 revisions but is in addition to the tax assessed
as a result of the annual October 1 revisions. Beginning January 1,
1984, $3.00 of each motorcycle fee shall be placed in a motorcycle
safety fund in the state treasury and shall be used only for
funding the motorcycle safety education program as provided for
under sections 312b and 811a.
(o) For each truck weighing 8,001 pounds or more, road
tractor, or truck tractor used exclusively as a moving van or part
of a moving van in transporting household furniture and household
effects or the equipment or those engaged in conducting carnivals,
at the rate of 80% of the schedule of elected gross weights in
subdivision (k) as modified by the operation of that subdivision.
(p) After September 30, 1983, each motor vehicle of the 1984
or a subsequent model year as shown on the application required
under section 217 that has not been previously subject to the tax
rates of this section and that is of the motor vehicle category
otherwise subject to the tax schedule described in subdivision (a),
and each low-speed vehicle according to the following schedule
based upon registration periods of 12 months:
(i) Except as otherwise provided in this subdivision, for the
first registration that is not a transfer registration under
section 809 and for the first registration after a transfer
registration under section 809, according to the following schedule
based on the vehicle's list price:
List Price Tax
$ 0 - $ 6,000.00....................................... $ 30.00
More than $ 6,000.00 - $ 7,000.00...................... $ 33.00
More than $ 7,000.00 - $ 8,000.00...................... $ 38.00
More than $ 8,000.00 - $ 9,000.00...................... $ 43.00
More than $ 9,000.00 - $ 10,000.00..................... $ 48.00
More than $ 10,000.00 - $ 11,000.00.................... $ 53.00
More than $ 11,000.00 - $ 12,000.00.................... $ 58.00
More than $ 12,000.00 - $ 13,000.00.................... $ 63.00
More than $ 13,000.00 - $ 14,000.00.................... $ 68.00
More than $ 14,000.00 - $ 15,000.00.................... $ 73.00
More than $ 15,000.00 - $ 16,000.00.................... $ 78.00
More than $ 16,000.00 - $ 17,000.00.................... $ 83.00
More than $ 17,000.00 - $ 18,000.00.................... $ 88.00
More than $ 18,000.00 - $ 19,000.00.................... $ 93.00
More than $ 19,000.00 - $ 20,000.00.................... $ 98.00
More than $ 20,000.00 - $ 21,000.00.................... $ 103.00
More than $ 21,000.00 - $ 22,000.00.................... $ 108.00
More than $ 22,000.00 - $ 23,000.00.................... $ 113.00
More than $ 23,000.00 - $ 24,000.00.................... $ 118.00
More than $ 24,000.00 - $ 25,000.00.................... $ 123.00
More than $ 25,000.00 - $ 26,000.00.................... $ 128.00
More than $ 26,000.00 - $ 27,000.00.................... $ 133.00
More than $ 27,000.00 - $ 28,000.00.................... $ 138.00
More than $ 28,000.00 - $ 29,000.00.................... $ 143.00
More than $ 29,000.00 - $ 30,000.00.................... $ 148.00
More than $30,000.00, the tax of $148.00 is increased by $5.00
for each $1,000.00 increment or fraction of a $1,000.00 increment
over $30,000.00. If a current tax increases or decreases as a
result of 1998 PA 384, only a vehicle purchased or transferred
after January 1, 1999 shall be assessed the increased or decreased
tax.
(ii) For the second registration, 90% of the tax assessed under
subparagraph (i).
(iii) For the third registration, 90% of the tax assessed under
subparagraph (ii).
(iv) For the fourth and subsequent registrations, 90% of the
tax assessed under subparagraph (iii).
For a vehicle of the 1984 or a subsequent model year that has
been previously registered by a person other than the person
applying for registration or for a vehicle of the 1984 or a
subsequent model year that has been previously registered in
another state or country and is registered for the first time in
this state, the tax under this subdivision shall be determined by
subtracting the model year of the vehicle from the calendar year
for which the registration is sought. If the result is zero or a
negative figure, the first registration tax shall be paid. If the
result is 1, 2, or 3 or more, then, respectively, the second,
third, or subsequent registration tax shall be paid. A van that is
owned by an individual who uses a wheelchair or by an individual
who transports a resident of his or her household who uses a
wheelchair and for which registration plates are issued under
section 803d shall be assessed at the rate of 50% of the tax
provided for in this subdivision.
(q) For a wrecker, $200.00.
(r) When the secretary of state computes a tax under this
section, a computation that does not result in a whole dollar
figure shall be rounded to the next lower whole dollar when the
computation results in a figure ending in 50 cents or less and
shall be rounded to the next higher whole dollar when the
computation results in a figure ending in 51 cents or more, unless
specific taxes are specified, and the secretary of state may accept
the manufacturer's shipping weight of the vehicle fully equipped
for the use for which the registration application is made. If the
weight is not correctly stated or is not satisfactory, the
secretary of state shall determine the actual weight. Each
application for registration of a vehicle under subdivisions (j)
and (m) shall have attached to the application a scale weight
receipt of the vehicle fully equipped as of the time the
application is made. The scale weight receipt is not necessary if
there is presented with the application a registration receipt of
the previous year that shows on its face the weight of the motor
vehicle as registered with the secretary of state and that is
accompanied by a statement of the applicant that there has not been
a structural change in the motor vehicle that has increased the
weight and that the previous registered weight is the true weight.
(2) A manufacturer is not exempted under this act from paying
ad valorem taxes on vehicles in stock or bond, except on the
specified number of motor vehicles registered. A dealer is exempt
from paying ad valorem taxes on vehicles in stock or bond.
(3) Until October 1, 2009, the tax for a vehicle with an empty
weight over 10,000 pounds imposed under subsection (1)(a) and the
taxes imposed under subsection (1)(c), (d), (e), (f), (i), (j),
(m), (o), and (p) are each increased as follows:
(a) A regulatory fee of $2.25 that shall be credited to the
traffic law enforcement and safety fund created in section 819a and
used to regulate highway safety.
(b) A fee of $5.75 that shall be credited to the
transportation administration collection fund created in section
810b.
(4) If a tax required to be paid under this section is not
received by the secretary of state on or before the expiration date
of the registration plate, the secretary of state shall collect a
late fee of $10.00 for each registration renewed after the
expiration date. An application for a renewal of a registration
using the regular mail and postmarked before the expiration date of
that registration shall not be assessed a late fee. The late fee
collected under this subsection shall be deposited into the general
fund.
(5) As used in this section:
(a) "Gross proceeds" means that term as defined in section 1
of the general sales tax act, 1933 PA 167, MCL 205.51, and includes
the value of the motor vehicle used as part payment of the purchase
price as that value is agreed to by the parties to the sale, as
evidenced by the signed agreement executed under section 251.
(b) "List price" means the manufacturer's suggested base list
price as published by the secretary of state, or the manufacturer's
suggested retail price as shown on the label required to be affixed
to the vehicle under 15 USC 1232, if the secretary of state has not
at the time of the sale of the vehicle published a manufacturer's
suggested retail price for that vehicle, or the purchase price of
the vehicle if the manufacturer's suggested base list price is
unavailable from the sources described in this subdivision.
(c) "Purchase price" means the gross proceeds received by the
seller in consideration of the sale of the motor vehicle being
registered.
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 registration plate
series 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 or
other person, the Michigan university or other person shall grant
to or obtain for the secretary of state both of the following
pursuant 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 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 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) The Beginning January
1, 2007, the secretary
of
state may develop a Michigan university fund-raising
registration
plate as described in this section, and a matching
Michigan university collector plate as described in section
811g
fund-raising plate as provided in this section.
(2) 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 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) (2)
The secretary of state may develop
1 or more limited
term
registration plates to recognize a state-sponsored event, a
Michigan university , or an accomplishment or
occasion of a
Michigan university.
(3)
The secretary of state may, at any 1 time, develop not
more
than 7 different state-sponsored fund-raising registration
plates
as described in this section, and matching state-sponsored
collector
plates as described in section 811g. As used in this
section,
"state-sponsored fund-raising registration plate" means a
fund-raising
registration plate authorized by a public act to raise
funds
for a state-sponsored goal. The public act shall, at a
minimum,
do all of the following:
(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)
Identify Identifies the purpose of the state-sponsored
fund-raising
registration fund-raising plate.
(b)
Create Creates a fund or designate an existing
nonprofit fund or designates an existing nonprofit fund to receive
the
money raised through the sale of state-sponsored fund-raising
registration
fund-raising plates and matching
collector plates.
(c)
If a fund is created, name names the person or entity
responsible for administering the fund.
(4)
The secretary of state may develop, promote, and market
the
fund-raising registration plates and matching collector plates
issued
under this section with the funds available through service
fees.
(5)
If the design or logo of a Michigan university fund-
raising
registration plate or a state-sponsored fund-raising
registration
plate uses 1 or more designs, trade names, trademarks,
service
marks, emblems, symbols, or other images that are owned by
the
Michigan university that is requesting the Michigan university
fund-raising
plate, the person or entity that is sponsoring a
state-sponsored
fund-raising plate, or any other person or entity,
the
Michigan university or sponsoring person or entity shall
grant
to
or obtain for the secretary of state both of the following
pursuant
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
registration
plate.
(b)
The authority to merchandise the registration plate or an
image
of the registration plate.
(6)
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 registration plate or image of the registration
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
or sponsoring person or entity. 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 registration plate or an image of the registration plate in
any
manner that is offensive to the Michigan university or
sponsoring
person or entity that complies with subsection (5).
(7)
As used in this section, "Michigan university fund-raising
registration
plate" means a fund-raising registration plate that is
issued
under this section at the request of a Michigan university.
Sec. 811f. (1) The secretary of state may, upon application,
issue
1 fund-raising registration plate instead of a standard
registration plate to a person for use on a passenger motor vehicle
or motor home or a pickup truck or van used exclusively to
transport personal possessions or family members for nonbusiness
purposes.
(2)
A person who wants to purchase a Michigan university or
state-sponsored
may be issued a fund-raising
registration plate
for
use on a vehicle under this act shall apply by applying to
the
secretary of state for a fund-raising registration plate
pursuant
to the procedures prescribed in section 217. An
application
for an original fund-raising registration plate shall
be accompanied by a $25.00 fund-raising donation, payment of the
regular
vehicle registration tax provided for prescribed under
this act, and a $10.00 service fee. An application for renewal of a
fund-raising
registration plate shall be accompanied by payment
of
the regular vehicle registration tax provided for under this
act
required under section 801
and a $10.00 fund-raising donation.
Application
for a replacement fund-raising registration plate
shall be accompanied by payment of only the fee prescribed under
section 804.
(3) The secretary of state may issue a personalized fund-
raising
registration plate upon application and the payment of
the personalized registration plate fee prescribed under section
803b in addition to the fees and donations prescribed under
subsection
(2) and the regular vehicle registration tax provided
for
prescribed under this act.
(4)
A disabled person who makes application applies for a
fund-raising
registration plate under this section and who makes
payment
of pays the required service
fees shall be issued, as
determined
by the secretary of state, a disabled person's tab
plate as provided in section 803f 803d
for his or her fund-
raising
registration plate. or a disabled person's fund-raising
registration
plate. The secretary of state
shall require the same
proof that the applicant is a disabled person as is required for
issuance of a permanent windshield placard under section 675.
(5)
A fund-raising registration plate shall expire expires
pursuant to section 226. The secretary of state may issue a tab or
tabs designating the month and year of expiration for an original
or
renewal fund-raising registration plate.
(6) The secretary of state may issue a temporary registration
permit to a person who submits an application and the proper fees
and
donation for a fund-raising registration plate, if the
applicant's current vehicle registration will expire before his or
her
receipt of a fund-raising registration plate. The temporary
registration shall expire upon the applicant's receipt of a fund-
raising
registration plate or upon the expiration of 60 30
days
after the date of issuance, whichever occurs first. The temporary
permit shall be issued without a separate fee.
Sec. 811g. (1) Except as otherwise provided in this act, the
secretary of state may develop, market, promote, and sell a
collector
plate. that matches any registration plate issued by
the
secretary
of state under this act. However, the secretary of state
shall only develop, market, and promote a collector plate with
funds available from the collection of service fees under this
chapter.
(2) A collector plate shall not be attached to a motor vehicle
in a manner prescribed in section 225. A collector plate may be
used on a vehicle in any lawful manner, including, but not limited
to, being displayed on the front bumper of a vehicle.
(3) A person may purchase 1 or more collector plates by making
payment
to the secretary of state of the $10.00 service fee and ,
if
the plate is a matching Michigan university or state-sponsored
fund-raising
registration plate as defined in section 811e, a
$25.00 fund-raising donation.
(4) The secretary of state may, as determined necessary by the
secretary of state, cease to sell a collector plate.
Sec. 811h. (1) Each service fee collected under sections 811f
and 811g shall be credited to the transportation administration
collection fund created under section 810b.
(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 series and matching its
collector
plates issued or sold by the secretary of state. for a
Michigan university or state-sponsored goal pursuant to
section
811e.
(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
registration
and matching collector
plates issued, sold, or
renewed
bearing the design or logo of that Michigan university or
state-sponsored
plate sponsor, to the following,
as appropriate:
(a) The treasurer of a Michigan university.
(b) The person or entity identified in a public act pursuant
to
section 811e(3) 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 the
effective date of the amendatory act that added this subdivision.
(4) A fund-raising plate created after the effective date of
the amendatory act that added this subsection 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) (4)
The secretary of state may cease
to issue a fund-
raising
registration plate or to issue a duplicate replacement of
a
fund-raising registration plate for use on a vehicle if the
secretary
of state issued fewer than 500 of a particular fund-
raising
registration plate within any prior 24 consecutive months
that fund-raising plate fails to meet a sales goal described in
subsection (4). The secretary of state may also cease to sell a
collector
plate that matches the discontinued fund-raising
registration
plate. However, the secretary of
state may continue
to
renew fund-raising registration plates already issued and
collect
the renewal fund-raising donation for those plates. This
subsection
does not apply to Michigan university fund-raising
registration
plates issued under section 811f and matching Michigan
university
collector plates issued under section 811g.
(6) (5)
The state of Michigan,
through the secretary of
state,
shall own all right, title, and interest in all fund-raising
registration
plates and collector plates,
including the right to
use,
reproduce, or distribute a fund-raising registration or
collector
plate or the image of a fund-raising registration or
collector plate in any form. The secretary of state may authorize
the
commercial or other use of a fund-raising registration or
collector plate design, logo, or image if written consent is
obtained
from the pertinent Michigan university or other person or
entity
that sponsored a state-sponsored
fund-raising
registration
plate. under
section 811e. However, the secretary
of state shall not authorize the commercial or other use of a fund-
raising
registration 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)
A Another person or entity that sponsored a state-
sponsored
fund-raising registration plate.
(7) (6)
A royalty fee paid to this state
under a written
agreement
described in subsection (5) (6) shall be credited to
the
Michigan transportation administration collection fund.
established
under section 10 of 1951 PA 51, MCL 247.660.
(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.
Sec.
811i. (1) The secretary of state shall develop under
section
811e and, upon application, may issue under section 811f a
state-sponsored
water quality fund-raising registration plate and a
matching
state-sponsored water quality collector plate as provided
under
section 811g. The plate shall be of a design as determined by
the
secretary of state after consultation with and advice of the
director
of the department of environmental quality.
(1) (2)
Water quality fund-raising registration Fund-raising
plate donations collected for plates recognizing the water quality
of
this state under section 811f and matching
water quality
collector plate fund-raising donations collected under section 811g
shall be disbursed under section 811h by the secretary of state to
the state treasurer, who shall credit the donation money to the
water
quality protection fund created under subsection (4) (3).
(2) (3)
The department of environmental
quality shall
establish and administer a "water quality protection fund grant
program" and shall set policy and oversee this program. The program
shall provide grants to local units of government for the purpose
of
protecting the water quality of the Michigan great lakes Great
Lakes and inland lakes, rivers, and streams. The department of
environmental quality may promulgate rules to implement this grant
program under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
(3) (4)
The water quality protection fund
is created within
the state treasury. The state treasurer may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments. Money in the fund at the close of the fiscal year
shall remain in the fund and shall not lapse to the general fund.
Money from the fund shall be expended, upon appropriation, only for
the
purpose of protecting the water quality of the Michigan great
lakes Great Lakes and inland lakes, rivers, and streams.
(4) (5)
For purposes of this chapter, :
(a) "Local "local
unit of government" means any of the following:
(a) (i) A
county, city, village, or township.
(b) (ii) An
agency of a county, city, village, or township.
(c) (iii) The
office of a county drain commissioner.
(d) (iv) A
soil conservation district established under part
93 of the natural resources and environmental protection act, 1994
PA 451, MCL 324.9301 to 324.9313.
(e) (v) A
watershed council established under part 311 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.31101 to 324.31119.
(f) (vi) A
local health department as that term is defined in
section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
(g) (vii) A
community college or junior college established
pursuant to section 7 of article VIII of the state constitution of
1963.
(h) (viii) A
4-year institution of higher education, public or
private, located in this state.
(i) (ix) An
authority or other public body created by or
pursuant to state law.
(b)
"Water quality fund-raising registration plate" means a
registration
plate containing a specialized design pertaining to
the
water quality of this state.
Sec.
811j. (1) The secretary of state shall develop under
section
811e and, upon application, may issue under section 811f a
state-sponsored
A fund-raising plate or collector plate
recognizing children's trust fund-raising registration
plate and a
matching
state-sponsored children's trust collector plate as
provided
under section 811g. The plate shall
be of a design as
determined by the secretary of state after consultation with the
state child abuse and neglect prevention board created in section 3
of the child abuse and neglect prevention act, 1982 PA 250, MCL
722.603.
(2)
Children's trust fund-raising registration plate Fund-
raising donations for plates recognizing children's trust collected
under
section 811f and matching children's trust collector plate
fund-raising
donations collected under section sections 811f and
811g shall be transferred under section 811h by the secretary of
state to the state treasurer, who shall credit the donation money
to the children's trust fund created under section 1 of 1982 PA
249, MCL 21.171, for the support and benefit of the children of
this state.
(3)
For purposes of this chapter, "state-sponsored children's
trust
fund-raising registration plate" means a registration plate
containing
a specialized design pertaining to the children of this
state.
Sec.
811l. (1) The secretary of state shall develop under
section
811e and, upon application, may issue under section 811f a
state-sponsored
critical nongame wildlife habitat fund-raising
registration
plate and a matching state-sponsored critical nongame
wildlife
habitat collector plate as provided under section 811g.
The
plate A fund-raising plate or collector plate
recognizing the
critical nongame wildlife habitats of this state shall be of a
design
as determined by the secretary of state after consultation
consulting with the director of the department of natural
resources.
(2)
Critical nongame wildlife habitat fund-raising
registration
plate donations collected under section 811f and
matching
critical nongame wildlife habitat collector plate fund-
raising
donations Fund-raising donations for plates described in
subsection
(1) collected under section sections 811f and 811g
shall be transferred under section 811h by the secretary of state
to the state treasurer, who shall credit the donation money to the
nongame fish and wildlife trust fund created under section 43902 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.43902.
(3)
For purposes of this chapter, "state-sponsored critical
nongame
wildlife habitat fund-raising registration plate" means a
registration
plate containing a specialized design pertaining to
the
critical nongame wildlife habitats of this state.
Sec. 811m. Fund-raising donations for plates recognizing the
Michigan veterans memorial collected under sections 811f and 811g
shall be transferred under section 811h by the secretary of state
to the state treasurer, who shall credit the donation money to the
Vietnam veterans memorial monument fund created in section 3 of the
Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1053.
These donations shall be used exclusively for the purposes
described in sections 5 and 7 of the Michigan Vietnam veterans
memorial act, 1988 PA 234, MCL 35.1055 and 35.1057.
Sec.
811n. (1) The secretary of state shall develop under
section
811e and, upon application, may issue under section 811f a
state-sponsored
agricultural heritage fund-raising registration
plate
and a matching state-sponsored agricultural heritage
collector
plate as provided under section 811g. (2) Agricultural
heritage
fund-raising registration plate Fund-raising donations
collected
under section 811f and matching agricultural heritage
collector
plate fund-raising donations for plates recognizing the
agricultural
heritage of this state collected under section
sections 811f and 811g shall be transferred under section 811h by
the secretary of state to the state treasurer, who shall disburse
the donation money to Michigan state university development,
designated for the FFA vision2000 endowment fund, for the purpose
of providing grants for agri-science, natural resources, and
environmental K-12 educational programs.
(3)
For purposes of this chapter, "state-sponsored
agricultural
heritage fund-raising registration plate" means a
registration
plate containing a specialized design pertaining to
the
agricultural heritage of this state.
Sec. 811o. (1) A fund-raising plate or collector plate
recognizing American pride shall be of a design as determined by
the secretary of state and contain the words "proud to be American"
and "Michigan". Fund-raising donations for plates recognizing
American pride collected under sections 811f and 811g shall be
transferred under section 811h by the secretary of state to the
state treasurer, who shall disburse the donation money to the proud
to be American fund established under this section.
(2) The proud to be American fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The state treasurer shall disburse money in the fund on a
monthly basis as follows:
(a) Fifty percent to the American National Red Cross
established under 36 USC 300101 as represented by the Michigan
state service council.
(b) Fifty percent to the Salvation Army.
(5) The American National Red Cross and the Salvation Army
shall expend the money received under this section for disaster
preparedness and disaster relief in the United States of America.
(6) The American National Red Cross and the Salvation Army
shall annually report to the department of treasury an accounting
of money received and used under this section.
Sec. 811p. (1) A fund-raising plate or collector plate
recognizing the Olympic education-training center in this state
shall bear an appropriate logo, the design of which the Olympic
education-training center shall submit to the secretary of state.
The secretary of state shall confer with the department of state
police to ensure that the design will not compromise the ability of
law enforcement agencies to accurately identify specific vehicles.
(2) Registration plates bearing an Olympic education-training
center logo shall not be a duplication of another registration
plate. The Olympic education-training center shall comply with
section 803m(2), (3)(c) and (d), and (4)(c) and (d).
(3) Fund-raising donations for plates recognizing the Olympic
education-training center collected under section 811f or 811g
shall be transferred by the secretary of state to the state
treasurer, who shall credit the funds to the Olympic education-
training center fund. The money in the Olympic education-training
center fund shall, upon appropriation, be distributed to the
Olympic education-training center.
Sec. 811q. (1) A fund-raising plate or collector plate
recognizing support for our troops shall be of a design as
determined by the secretary of state and contain the emblem or logo
of Support Our Troops, Inc. of Michigan, displaying a soldier and a
child and the words "support our troops" and "Michigan". Fund-
raising donations for plates recognizing support for our troops
collected under sections 811f and 811g shall be transferred under
section 811h by the secretary of state to the state treasurer, who
shall disburse the donation money to the support our troops fund
established under this section.
(2) The support our troops fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The state treasurer shall disburse money in the fund on a
monthly basis to Support Our Troops, Inc. of Michigan, which shall
expend the money received under this section for troops and their
families in accordance with its articles of incorporation.
(5) Support Our Troops, Inc. of Michigan shall annually report
to the department of treasury an accounting of money received and
used under this section.
(6) An application for a support our troops fund-raising or
collector plate by a motor vehicle owner or lessee constitutes
prior written consent and instruction by that owner or lessee to
the secretary of state to provide the owner's or lessee's name and
address to Support Our Troops, Inc. of Michigan.
Enacting section 1. This amendatory act takes effect January
1, 2007.
Enacting section 2. Sections 217m, 217n, and 811c of the
Michigan vehicle code, 1949 PA 300, MCL 257.217m, 257.217n, and
257.811c, are repealed.