SB-0178, As Passed Senate, June 12, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 178

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 2016 PA 327, and by adding sections 811cc, 811dd, 811ee,

and 811ff.

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 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 discount the start-up

fee to reflect any cost savings realized by the secretary of state

if multiple new fund-raising plates are developed at the same time.

The secretary of state shall use the 3 most recent preceding years

in which it developed at least 1 fund-raising plate when

calculating the 3-year average required by this subsection. The

secretary of state shall deposit the fee 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 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 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) Subject to section 811h(5), the secretary of state may, at

any 1 time, develop, produce, issue, or make available for sale not

more than 20 different ~~state-sponsored~~ fund-raising plates as

described in this section, and matching ~~state-sponsored~~ collector

plates as described in section 811g. This subsection does not apply

to a plate described in subsection (4).

(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. A nonprofit fund

described in this subdivision shall not expend money received from

the sale of a fund-raising plate and matching collector plate

outside of this state.

responsible for administering the fund.

(7) The 2016 amendatory act that amended this section and

section 811h shall be known and may be cited as the "Peter A.

Pettalia Memorial Act".

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.

(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

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 described

in section 811e to administer a state-sponsored fund-raising

registration plate fund.

under section 811e that was developed and issued after January 1,

2007.

(4) A fund-raising plate 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.

year period described in subdivision (b), 500 original plates.

(5) Except as otherwise provided in this subsection, the

secretary of state 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). ~~If on the effective date of the 2016~~

~~amendatory act that amended this subdivision the number of fund-~~

~~raising plates available for sale exceeds the limit established in~~

~~section 811e(5), the~~ The secretary of state shall not cease to

issue a fund-raising plate that was available for sale on February

1, 2017 and that failed to meet a sales goal described in

subsection (4) if the failure occurred before ~~April 1, 2017.~~

February 1, 2017. The secretary of state 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.

(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.

(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. 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

Detroit Red Wings. The fund-raising plate or collector plate

authorized in this section shall bear an appropriate logo, the

design of which the Detroit Red Wings shall submit to the secretary

of state.

(2) The Detroit Red Wings 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 Detroit Red

Wings to the state treasurer, who shall credit the donation money

to the Detroit Red Wings 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

Detroit Red Wings Foundation.

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

created in subsection (2) for auditing purposes.

(6) Money disbursed to the Detroit Red Wings Foundation under

this section shall be distributed to eligible nonprofit

organizations that are exempt from taxation under section 501(c)(3)

of the internal revenue code, 26 USC 501.

Sec. 811dd. (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

Detroit Tigers. The fund-raising plate or collector plate

authorized in this section shall bear an appropriate logo, the

design of which the Detroit Tigers shall submit to the secretary of

state.

(2) The Detroit Tigers 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 Detroit Tigers

to the state treasurer, who shall credit the donation money to the

Detroit Tigers 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

Detroit Tigers Foundation.

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

created in subsection (2) for auditing purposes.

(6) Money disbursed to the Detroit Tigers Foundation under

this section shall be distributed to eligible nonprofit

organizations that are exempt from taxation under section 501(c)(3)

of the internal revenue code, 26 USC 501.

Sec. 811ee. (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

Detroit Lions. The fund-raising plate or collector plate authorized

in this section shall bear an appropriate logo, the design of which

the Detroit Lions shall submit to the secretary of state.

(2) The Detroit Lions 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 Detroit Lions

to the state treasurer, who shall credit the donation money to the

Detroit Lions 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

Detroit Lions Charities.

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

created in subsection (2) for auditing purposes.

(6) Money disbursed to the Detroit Lions Charities under this

section shall be distributed to eligible nonprofit organizations

that are exempt from taxation under section 501(c)(3) of the

internal revenue code, 26 USC 501.

Sec. 811ff. (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

Detroit Pistons in this state. The fund-raising plate or collector

plate authorized in this section shall bear an appropriate logo,

the design of which the Detroit Pistons shall submit to the

secretary of state.

(2) The Detroit Pistons 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 Detroit

Pistons to the state treasurer, who shall credit the donation money

to the Detroit Pistons 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 Come

Together Foundation.

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

created in subsection (2) for auditing purposes.

(6) Money disbursed to the Come Together Foundation under this

section shall be distributed to eligible nonprofit organizations

that are exempt from taxation under section 501(c)(3) of the

internal revenue code, 26 USC 501.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.