HB-4495, As Passed House, May 30, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 4495

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 811d (MCL 257.811d), as amended by 2006 PA 562,

and by adding section 811cc.

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 eligible for a charitable deduction under the

United States internal revenue code , 26 USC 501.of 1986.

     (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 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. 811cc. (1) No later than August 1, 2019, the secretary of

state shall develop under section 811e and issue under section 811f

a fund-raising plate or collector plate recognizing the Kiwanis

International Michigan District. The fund-raising plate or

collector plate authorized in this section shall bear an

appropriate logo, the design of which the Kiwanis International

Michigan District shall submit to the secretary of state.

     (2) The Kiwanis International Michigan District 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.

     (3) The secretary of state shall transfer the donation money

from the sale of fund-raising plates recognizing the Kiwanis

International Michigan District to the state treasurer, who shall

credit the donation money to the fund established under subsection

(2).

     (4) The state treasurer shall disburse money in the fund

established under subsection (2) on a quarterly basis to the

Kiwanis International Michigan District.

     (5) The state treasurer shall be the administrator of the fund

created in subsection (2) for auditing purposes.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.