HOUSE BILL No. 5032

 

June 30, 2005, Introduced by Rep. Hildenbrand and referred to the Committee on Transportation.

 

     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 section 811o.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 811e. (1) 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.

 

     (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:

 

     (a) Identify the purpose of the state-sponsored fund-raising

 

registration plate.

 

     (b) Create a fund or designate an existing fund to receive the

 

money raised through the sale of state-sponsored fund-raising

 

registration plates and matching collector plates.

 

     (c) If a fund is created, name 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. 811o. (1) The secretary of state shall develop under

 

section 811e and, upon application, may issue under section 811f a

 

state-sponsored adoption fund-raising registration plate and a

 

matching state-sponsored adoption collector plate as provided under

 

section 811g. The plate shall be of a design as determined by the

 

secretary of state.

 

     (2) The adoption facilitation fund is created as a separate

 

fund in 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. The state treasurer shall annually present to the

 

secretary of state an accounting of the amount of money in the

 

fund. Money in the fund shall be expended only as provided in this

 

section. 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 department of human services shall administer the

 

adoption facilitation fund and may expend money from the fund to

 

offset the costs of adoption by Michigan residents. The department

 

may adopt rules under the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, specifying criteria for the

 

award of grants to facilitate adoption.

 

     (4) Adoption fund-raising registration plate donations

 

collected under section 811f and matching adoption collector plate

 

fund-raising donations collected under section 811g shall be

 

transferred under section 811h by the secretary of state to the

 

state treasurer, who shall credit the donation money to the


 

adoption facilitation fund.

 

     (5) For purposes of this chapter, "state-sponsored adoption

 

fund-raising registration plate" means a registration plate

 

containing a specialized design pertaining to adoption.