SB-0494, As Passed Senate, May 14, 2009
SUBSTITUTE FOR
SENATE BILL NO. 494
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 208b, 217a, 232, 801, 802, 803b, 803r, 804,
806, 809, 810b, 811d, 811e, and 811h (MCL 257.208b, 257.217a,
257.232, 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806,
257.809, 257.810b, 257.811d, 257.811e, and 257.811h), sections
208b and 232 as amended by 2005 PA 173, sections 217a and 804 as
amended and section 803r as added by 2003 PA 152, section 801 as
amended by 2008 PA 7, section 802 as amended by 2004 PA 163,
section 803b as amended by 2004 PA 426, section 806 as amended by
2008 PA 281, section 809 as amended by 2008 PA 280, section 810b
as amended by 2006 PA 549, and sections 811d, 811e, and 811h as
amended by 2006 PA 562; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 208b. (1) The secretary of state may provide a
2 commercial look-up service of records maintained under this act.
3 For each individual record looked up, the secretary of state
4 shall charge a fee specified annually by the legislature, or if
5 the legislature does not specify a fee, a market-based price
6 established by the secretary of state. The secretary of state
7 shall process a commercial look-up request only if the request is
8 in a form or format prescribed by the secretary of state. Fees
9 collected under this subsection on and after October 1, 2005
10 through September 30, 2009 shall be credited to the
11 transportation administration collection fund created in section
12 810b. Beginning October 1, 2009, fees collected under this
13 subsection shall be credited to the department of state
14 operations fund under section 810b.
15 (2) A driver training school operator shall subscribe to the
16 commercial look-up service maintained by the secretary of state.
17 (3) A driver training school operator shall maintain on the
18 premises of the driver training school the most current copy of
19 all nonpersonal information related to his or her driving record
20 and the driving record of each instructor employed by the driver
21 training school operator for review by any prospective customer
22 or the parent or guardian of a prospective customer.
23 (4) A prospective customer or the parent or guardian of a
24 prospective customer may review a copy of all nonpersonal
25 information related to the driving record of the driver training
26 school operator or an instructor employed by the driver training
27 school operator.
1 (5) A driver training school operator shall include in its
2 contract with each client, as prescribed by the secretary of
3 state, a notice that nonpersonal information related to the
4 driving record of each individual instructor is available for
5 review by the general public. A driver training school operator
6 that fails to include the information required by this subsection
7 is subject to a fine of not more than $500.00.
8 (6) Each limo carrier of passengers shall subscribe to the
9 commercial look-up service maintained by the secretary of state.
10 (7) A person who drives a limousine for hire for a limo
11 carrier of passengers shall maintain a most current copy of all
12 nonpersonal information related to the person's driving record in
13 the limousine available for review by any prospective passenger.
14 (8) A prospective passenger may review a copy of all
15 nonpersonal information related to the driving record of the
16 driver of a limousine from a limo carrier of passengers or from
17 the driver of the limousine.
18 (9) The secretary of state shall not provide an entire
19 computerized central file or other file of records maintained
20 under this act to a nongovernmental person or entity, unless the
21 person or entity pays the prescribed fee for each individual
22 record contained within the computerized file.
23 (10) A driver training school operator who fails to provide
24 the information required to be maintained by this section is
25 subject to a fine of not more than $500.00. Each failure to
26 provide information constitutes a separate offense.
27 (11) A limo carrier of passengers who fails to provide the
1 information required to be maintained by this section is subject
2 to a fine of not more than $500.00. Each failure to provide
3 information constitutes a separate offense.
4 (12) The driver of a limousine who fails to provide the
5 information required by this section is subject to a fine of not
6 more than $500.00. Each failure to provide information
7 constitutes a separate offense.
8 (13) As used in this section:
9 (a) "Driver training school operator" means a person
10 licensed to operate a driver training school under part 2 of the
11 driver education and training schools act, former 1974
PA 369. ,
12 MCL 256.602 to 256.609.
13 (b) "Limo carrier of passengers" and "limousine" mean those
14 terms as defined in section 3 of the limousine transportation
15 act, 1990 PA 271, MCL 257.1903.
16 Sec. 217a. (1) A person who holds an unexpired technician,
17 general, conditional, advanced, or extra class amateur radio
18 license issued by the federal communications commission may make
19 application directly to the secretary of state for a registration
20 plate inscribed with the official amateur radio call letters of
21 the applicant as assigned by the federal communications
22 commission.
23 (2) The applicant shall prove to the satisfaction of the
24 secretary of state that the applicant holds an unexpired amateur
25 radio license. In addition to the regular registration fee, the
26 applicant shall pay a service fee of $2.00. The $2.00 fee shall
27 be credited to the transportation administration collection fund
1 created under section 810b through September 30, 2009. Beginning
2 October 1, 2009, the $2.00 fee shall be credited to the
3 department of state operations fund under section 810b. A plate
4 may be issued for a motor vehicle which bears a registration
5 issued pursuant to section 801(1)(a) and (q).
6 (3) If a plate issued under this section is used on a
7 vehicle other than the vehicle for which the plate was issued,
8 the owner of the plate is guilty of a misdemeanor and the
9 registration plate shall be surrendered to the secretary of
10 state. A holder of a plate whose amateur radio license is not in
11 full force and effect immediately shall surrender the call letter
12 plate to the secretary of state and obtain a regular registration
13 plate.
14 (4) An application for a plate issued under this section
15 shall be submitted to the secretary of state pursuant to section
16 217. The expiration date for plates issued under this section
17 shall be the date determined pursuant to section 226.
18 Sec. 232. (1) Upon request, the secretary of state may
19 furnish a list of information from the records of the department
20 maintained under this act to a federal, state, or local
21 governmental agency for use in carrying out the agency's
22 functions, or to a private person or entity acting on behalf of a
23 governmental agency for use in carrying out the agency's
24 functions. The secretary of state may charge the requesting
25 agency a preparation fee to cover the cost of preparing and
26 furnishing a list provided under this subsection if the cost of
27 preparation exceeds $25.00, and use the revenues received from
1 the service to defray necessary expenses. If the secretary of
2 state sells a list of information under this subsection to a
3 member of the state legislature, the secretary of state shall
4 charge the same fee as the fee for the sale of information under
5 subsection (2) unless the list of information is requested by the
6 member of the legislature to carry out a legislative function.
7 The secretary of state may require the requesting agency to
8 furnish 1 or more blank computer tapes, cartridges, or other
9 electronic media and may require the agency to execute a written
10 memorandum of agreement as a condition of obtaining a list of
11 information under this subsection.
12 (2) The secretary of state may contract for the sale of
13 lists of driver and motor vehicle records and other records
14 maintained under this act in bulk, in addition to those lists
15 distributed at cost or at no cost under this section for purposes
16 permitted by and described in section 208c(3). The secretary of
17 state shall require each purchaser of records in bulk to execute
18 a written purchase contract. The secretary of state shall fix a
19 market-based price for the sale of such lists or other records
20 maintained in bulk, which may include personal information. The
21 proceeds from each sale made under this subsection on and after
22 October 1, 2005 through September 30, 2009 shall be credited to
23 the transportation administration collection fund created in
24 section 810b. Beginning October 1, 2009, the proceeds from each
25 sale made under this subsection shall be credited to the
26 department of state operations fund under section 810b.
27 (3) The secretary of state or any other state agency shall
1 not sell or furnish any list of information under subsection (2)
2 for the purpose of surveys, marketing, and solicitations. The
3 secretary of state shall ensure that personal information
4 disclosed in bulk will be used, rented, or sold solely for uses
5 permitted under this act.
6 (4) The secretary of state may insert any safeguard the
7 secretary considers reasonable or necessary, including a bond
8 requirement, in a memorandum of agreement or purchase contract
9 executed under this section, to ensure that the information
10 provided or sold is used only for a permissible purpose and that
11 the rights of individuals and of the department are protected.
12 (5) An authorized recipient of personal information
13 disclosed under this section who resells or rediscloses the
14 information for any of the purposes permitted by and described in
15 section 208c(3) shall do both of the following:
16 (a) Make and keep for a period of not less than 5 years
17 records identifying each person who received personal information
18 from the authorized recipient and the permitted purpose for which
19 it was obtained.
20 (b) Allow a representative of the secretary of state, upon
21 request, to inspect and copy records identifying each person who
22 received personal information from the authorized recipient and
23 the permitted purpose for which it was obtained.
24 (6) The secretary of state shall not disclose a list based
25 on driving behavior or sanctions to a nongovernmental agency,
26 including an individual.
27 Sec. 801. (1) The secretary of state shall collect the
1 following taxes at the time of registering a vehicle, which shall
2 exempt the vehicle from all other state and local taxation,
3 except the fees and taxes provided by law to be paid by certain
4 carriers operating motor vehicles and trailers under the motor
5 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
6 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
7 207.234; and except as otherwise provided by this act:
8 (a) For a motor vehicle, including a motor home, except as
9 otherwise provided, and a pickup truck or van that weighs not
10 more than 8,000 pounds, except as otherwise provided, according
11 to the following schedule of empty weights:
|
12 |
Empty weights Tax |
|
13 |
0 to 3,000 pounds..................................$ 29.00 |
|
14 |
3,001 to 3,500 pounds.............................. 32.00 |
|
15 |
3,501 to 4,000 pounds.............................. 37.00 |
|
16 |
4,001 to 4,500 pounds.............................. 43.00 |
|
17 |
4,501 to 5,000 pounds.............................. 47.00 |
|
18 |
5,001 to 5,500 pounds.............................. 52.00 |
|
19 |
5,501 to 6,000 pounds.............................. 57.00 |
|
20 |
6,001 to 6,500 pounds.............................. 62.00 |
|
21 |
6,501 to 7,000 pounds.............................. 67.00 |
|
22 |
7,001 to 7,500 pounds.............................. 71.00 |
|
23 |
7,501 to 8,000 pounds.............................. 77.00 |
|
24 |
8,001 to 8,500 pounds.............................. 81.00 |
|
25 |
8,501 to 9,000 pounds.............................. 86.00 |
|
26 |
9,001 to 9,500 pounds.............................. 91.00 |
|
27 |
9,501 to 10,000 pounds............................. 95.00 |
|
28 |
over 10,000 pounds....................$ 0.90 per 100 pounds |
|
29 |
of empty weight |
1 On October 1, 1983, and October 1, 1984, the tax assessed
2 under this subdivision shall be annually revised for the
3 registrations expiring on the appropriate October 1 or after that
4 date by multiplying the tax assessed in the preceding fiscal year
5 times the personal income of Michigan for the preceding calendar
6 year divided by the personal income of Michigan for the calendar
7 year that preceded that calendar year. In performing the
8 calculations under this subdivision, the secretary of state shall
9 use the spring preliminary report of the United States department
10 of commerce or its successor agency. A van that is owned by an
11 individual who uses a wheelchair or by an individual who
12 transports a member of his or her household who uses a wheelchair
13 and for which registration plates are issued under section 803d
14 shall be assessed at the rate of 50% of the tax provided for in
15 this subdivision.
16 (b) For a trailer coach attached to a motor vehicle, the tax
17 shall be assessed as provided in subdivision (l). A trailer coach
18 not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
19 located on land otherwise assessable as real property under the
20 general property tax act, 1893 PA 206, MCL 211.1 to 211.157
21 211.155, if the trailer coach is used as a place of habitation,
22 and whether or not permanently affixed to the soil, is not exempt
23 from real property taxes.
24 (c) For a road tractor, truck, or truck tractor owned by a
25 farmer and used exclusively in connection with a farming
26 operation, including a farmer hauling livestock or farm equipment
1 for other farmers for remuneration in kind or in labor, but not
2 for money, or used for the transportation of the farmer and the
3 farmer's family, and not used for hire, 74 cents per 100 pounds
4 of empty weight of the road tractor, truck, or truck tractor. If
5 the road tractor, truck, or truck tractor owned by a farmer is
6 also used for a nonfarming operation, the farmer is subject to
7 the highest registration tax applicable to the nonfarm use of the
8 vehicle but is not subject to more than 1 tax rate under this
9 act.
10 (d) For a road tractor, truck, or truck tractor owned by a
11 wood harvester and used exclusively in connection with the wood
12 harvesting operations or a truck used exclusively to haul milk
13 from the farm to the first point of delivery, 74 cents per 100
14 pounds of empty weight of the road tractor, truck, or truck
15 tractor. A registration secured by payment of the tax prescribed
16 in this subdivision continues in full force and effect until the
17 regular expiration date of the registration. As used in this
18 subdivision:
19 (i) "Wood harvester" includes the person or persons hauling
20 and transporting raw materials in the form produced at the
21 harvest site or hauling and transporting wood harvesting
22 equipment. Wood harvester does not include a person or persons
23 whose primary activity is tree-trimming or landscaping.
24 (ii) "Wood harvesting equipment" includes all of the
25 following:
26 (A) A vehicle that directly harvests logs or timber,
27 including, but not limited to, a processor or a feller buncher.
1 (B) A vehicle that directly processes harvested logs or
2 timber, including, but not limited to, a slasher, delimber,
3 processor, chipper, or saw table.
4 (C) A vehicle that directly processes harvested logs or
5 timber, including, but not limited to, a forwarder, grapple
6 skidder, or cable skidder.
7 (D) A vehicle that directly loads harvested logs or timber,
8 including, but not limited to, a knucle-boom loader, front-end
9 loader, or forklift.
10 (E) A bulldozer or road grader being transported to a wood
11 harvesting site specifically for the purpose of building or
12 maintaining harvest site roads.
13 (iii) "Wood harvesting operations" does not include the
14 transportation of processed lumber, Christmas trees, or processed
15 firewood for a profit making venture.
16 (e) For a hearse or ambulance used exclusively by a licensed
17 funeral director in the general conduct of the licensee's funeral
18 business, including a hearse or ambulance whose owner is engaged
19 in the business of leasing or renting the hearse or ambulance to
20 others, $1.17 per 100 pounds of the empty weight of the hearse or
21 ambulance.
22 (f) For a vehicle owned and operated by this state, a state
23 institution, a municipality, a privately incorporated, nonprofit
24 volunteer fire department, or a nonpublic, nonprofit college or
25 university, $5.00 per plate. A registration plate issued under
26 this subdivision expires on June 30 of the year in which new
27 registration plates are reissued for all vehicles by the
1 secretary of state.
2 (g) For a bus including a station wagon, carryall, or
3 similarly constructed vehicle owned and operated by a nonprofit
4 parents' transportation corporation used for school purposes,
5 parochial school or society, church Sunday school, or any other
6 grammar school, or by a nonprofit youth organization or nonprofit
7 rehabilitation facility; or a motor vehicle owned and operated by
8 a senior citizen center, $10.00, if the bus, station wagon,
9 carryall, or similarly constructed vehicle or motor vehicle is
10 designated by proper signs showing the organization operating the
11 vehicle.
12 (h) For a vehicle owned by a nonprofit organization and used
13 to transport equipment for providing dialysis treatment to
14 children at camp; for a vehicle owned by the civil air patrol, as
15 organized under 36 USC 40301 to 40307, $10.00 per plate, if the
16 vehicle is designated by a proper sign showing the civil air
17 patrol's name; for a vehicle owned and operated by a nonprofit
18 veterans center; for a vehicle owned and operated by a nonprofit
19 recycling center or a federally recognized nonprofit conservation
20 organization; for a motor vehicle having a truck chassis and a
21 locomotive or ship's body that is owned by a nonprofit veterans
22 organization and used exclusively in parades and civic events; or
23 for an emergency support vehicle used exclusively for emergencies
24 and owned and operated by a federally recognized nonprofit
25 charitable organization, $10.00 per plate.
26 (i) For each truck owned and operated free of charge by a
27 bona fide ecclesiastical or charitable corporation, or red cross,
1 girl scout, or boy scout organization, 65 cents per 100 pounds of
2 the empty weight of the truck.
3 (j) For each truck, weighing 8,000 pounds or less, and not
4 used to tow a vehicle, for each privately owned truck used to tow
5 a trailer for recreational purposes only and not involved in a
6 profit making venture, and for each vehicle designed and used to
7 tow a mobile home or a trailer coach, except as provided in
8 subdivision (b), $38.00 or an amount computed according to the
9 following schedule of empty weights, whichever is greater:
|
10 |
Empty weights Per 100 pounds |
|
11 |
0 to 2,500 pounds.............................. $ 1.40 |
|
12 |
2,501 to 4,000 pounds.......................... 1.76 |
|
13 |
4,001 to 6,000 pounds.......................... 2.20 |
|
14 |
6,001 to 8,000 pounds.......................... 2.72 |
|
15 |
8,001 to 10,000 pounds......................... 3.25 |
|
16 |
10,001 to 15,000 pounds........................ 3.77 |
|
17 |
15,001 pounds and over......................... 4.39 |
18 If the tax required under subdivision (p) for a vehicle of
19 the same model year with the same list price as the vehicle for
20 which registration is sought under this subdivision is more than
21 the tax provided under the preceding provisions of this
22 subdivision for an identical vehicle, the tax required under this
23 subdivision is not less than the tax required under subdivision
24 (p) for a vehicle of the same model year with the same list
25 price.
26 (k) For each truck weighing 8,000 pounds or less towing a
27 trailer or any other combination of vehicles and for each truck
1 weighing 8,001 pounds or more, road tractor or truck tractor,
2 except as provided in subdivision (j) according to the following
3 schedule of elected gross weights:
|
4 |
Elected gross weight Tax |
|
5 |
0 to 24,000 pounds.............................. $ 491.00 |
|
6 |
24,001 to 26,000 pounds......................... 558.00 |
|
7 |
26,001 to 28,000 pounds......................... 558.00 |
|
8 |
28,001 to 32,000 pounds......................... 649.00 |
|
9 |
32,001 to 36,000 pounds......................... 744.00 |
|
10 |
36,001 to 42,000 pounds......................... 874.00 |
|
11 |
42,001 to 48,000 pounds......................... 1,005.00 |
|
12 |
48,001 to 54,000 pounds......................... 1,135.00 |
|
13 |
54,001 to 60,000 pounds......................... 1,268.00 |
|
14 |
60,001 to 66,000 pounds......................... 1,398.00 |
|
15 |
66,001 to 72,000 pounds......................... 1,529.00 |
|
16 |
72,001 to 80,000 pounds......................... 1,660.00 |
|
17 |
80,001 to 90,000 pounds......................... 1,793.00 |
|
18 |
90,001 to 100,000 pounds........................ 2,002.00 |
|
19 |
100,001 to 115,000 pounds....................... 2,223.00 |
|
20 |
115,001 to 130,000 pounds....................... 2,448.00 |
|
21 |
130,001 to 145,000 pounds....................... 2,670.00 |
|
22 |
145,001 to 160,000 pounds....................... 2,894.00 |
|
23 |
over 160,000 pounds............................. 3,117.00 |
24 For each commercial vehicle registered under this
25 subdivision, $15.00 shall be deposited in a truck safety fund to
26 be expended for the purposes prescribed in section 25 of 1951 PA
27 51, MCL 247.675.
28 If a truck or road tractor without trailer is leased from an
1 individual owner-operator, the lessee, whether a person, firm, or
2 corporation, shall pay to the owner-operator 60% of the tax
3 prescribed in this subdivision for the truck tractor or road
4 tractor at the rate of 1/12 for each month of the lease or
5 arrangement in addition to the compensation the owner-operator is
6 entitled to for the rental of his or her equipment.
7 (l) For each pole trailer, semitrailer, trailer coach, or
8 trailer, the tax shall be assessed according to the following
9 schedule of empty weights:
|
10 |
Empty weights Tax |
|
11 |
0 to 2,499 pounds................................ $ 75.00 |
|
12 |
2,500 to 9,999 pounds............................ 200.00 |
|
13 |
10,000 pounds and over........................... 300.00 |
14 The registration plate issued under this subdivision expires
15 only when the secretary of state reissues a new registration
16 plate for all trailers. Beginning October 1, 2005, if the
17 secretary of state reissues a new registration plate for all
18 trailers, a person who has once paid the tax as increased by 2003
19 PA 152 for a vehicle under this subdivision is not required to
20 pay the tax for that vehicle a second time, but is required to
21 pay only the cost of the reissued plate at the rate provided in
22 section 804(2) for a standard plate. A registration plate issued
23 under this subdivision is nontransferable.
24 (m) For each commercial vehicle used for the transportation
25 of passengers for hire except for a vehicle for which a payment
26 is made under 1960 PA 2, MCL 257.971 to 257.972, according to the
1 following schedule of empty weights:
|
2 |
Empty weights Per 100 pounds |
|
3 |
0 to 4,000 pounds.............................. $ 1.76 |
|
4 |
4,001 to 6,000 pounds.......................... 2.20 |
|
5 |
6,001 to 10,000 pounds......................... 2.72 |
|
6 |
10,001 pounds and over......................... 3.25 |
|
7 |
|
|
8 |
(n) For each motorcycle........................ $ 23.00 |
9 On October 1, 1983, and October 1, 1984, the tax assessed
10 under this subdivision shall be annually revised for the
11 registrations expiring on the appropriate October 1 or after that
12 date by multiplying the tax assessed in the preceding fiscal year
13 times the personal income of Michigan for the preceding calendar
14 year divided by the personal income of Michigan for the calendar
15 year that preceded that calendar year. In performing the
16 calculations under this subdivision, the secretary of state shall
17 use the spring preliminary report of the United States department
18 of commerce or its successor agency.
19 Beginning January 1, 1984, the registration tax for each
20 motorcycle is increased by $3.00. The $3.00 increase is not part
21 of the tax assessed under this subdivision for the purpose of the
22 annual October 1 revisions but is in addition to the tax assessed
23 as a result of the annual October 1 revisions. Beginning January
24 1, 1984, $3.00 of each motorcycle fee shall be placed in a
25 motorcycle safety fund in the state treasury and shall be used
26 only for funding the motorcycle safety education program as
1 provided for under sections 312b and 811a.
2 (o) For each truck weighing 8,001 pounds or more, road
3 tractor, or truck tractor used exclusively as a moving van or
4 part of a moving van in transporting household furniture and
5 household effects or the equipment or those engaged in conducting
6 carnivals, at the rate of 80% of the schedule of elected gross
7 weights in subdivision (k) as modified by the operation of that
8 subdivision.
9 (p) After September 30, 1983, each motor vehicle of the 1984
10 or a subsequent model year as shown on the application required
11 under section 217 that has not been previously subject to the tax
12 rates of this section and that is of the motor vehicle category
13 otherwise subject to the tax schedule described in subdivision
14 (a), and each low-speed vehicle according to the following
15 schedule based upon registration periods of 12 months:
16 (i) Except as otherwise provided in this subdivision, for the
17 first registration that is not a transfer registration under
18 section 809 and for the first registration after a transfer
19 registration under section 809, according to the following
20 schedule based on the vehicle's list price:
|
21 |
List Price Tax |
|
22 |
$ 0 - $ 6,000.00................................ $ 30.00 |
|
23 |
More than $ 6,000.00 - $ 7,000.00............... $ 33.00 |
|
24 |
More than $ 7,000.00 - $ 8,000.00............... $ 38.00 |
|
25 |
More than $ 8,000.00 - $ 9,000.00............... $ 43.00 |
|
26 |
More than $ 9,000.00 - $ 10,000.00.............. $ 48.00 |
|
27 |
More than $ 10,000.00 - $ 11,000.00............. $ 53.00 |
|
1 |
More than $ 11,000.00 - $ 12,000.00............. $ 58.00 |
|
2 |
More than $ 12,000.00 - $ 13,000.00............. $ 63.00 |
|
3 |
More than $ 13,000.00 - $ 14,000.00............. $ 68.00 |
|
4 |
More than $ 14,000.00 - $ 15,000.00............. $ 73.00 |
|
5 |
More than $ 15,000.00 - $ 16,000.00............. $ 78.00 |
|
6 |
More than $ 16,000.00 - $ 17,000.00............. $ 83.00 |
|
7 |
More than $ 17,000.00 - $ 18,000.00............. $ 88.00 |
|
8 |
More than $ 18,000.00 - $ 19,000.00............. $ 93.00 |
|
9 |
More than $ 19,000.00 - $ 20,000.00............. $ 98.00 |
|
10 |
More than $ 20,000.00 - $ 21,000.00............. $ 103.00 |
|
11 |
More than $ 21,000.00 - $ 22,000.00............. $ 108.00 |
|
12 |
More than $ 22,000.00 - $ 23,000.00............. $ 113.00 |
|
13 |
More than $ 23,000.00 - $ 24,000.00............. $ 118.00 |
|
14 |
More than $ 24,000.00 - $ 25,000.00............. $ 123.00 |
|
15 |
More than $ 25,000.00 - $ 26,000.00............. $ 128.00 |
|
16 |
More than $ 26,000.00 - $ 27,000.00............. $ 133.00 |
|
17 |
More than $ 27,000.00 - $ 28,000.00............. $ 138.00 |
|
18 |
More than $ 28,000.00 - $ 29,000.00............. $ 143.00 |
|
19 |
More than $ 29,000.00 - $ 30,000.00............. $ 148.00 |
20 More than $30,000.00, the tax of $148.00 is increased by
21 $5.00 for each $1,000.00 increment or fraction of a $1,000.00
22 increment over $30,000.00. If a current tax increases or
23 decreases as a result of 1998 PA 384, only a vehicle purchased or
24 transferred after January 1, 1999 shall be assessed the increased
25 or decreased tax.
26 (ii) For the second registration, 90% of the tax assessed
27 under subparagraph (i).
28 (iii) For the third registration, 90% of the tax assessed
29 under subparagraph (ii).
1 (iv) For the fourth and subsequent registrations, 90% of the
2 tax assessed under subparagraph (iii).
3 For a vehicle of the 1984 or a subsequent model year that
4 has been previously registered by a person other than the person
5 applying for registration or for a vehicle of the 1984 or a
6 subsequent model year that has been previously registered in
7 another state or country and is registered for the first time in
8 this state, the tax under this subdivision shall be determined by
9 subtracting the model year of the vehicle from the calendar year
10 for which the registration is sought. If the result is zero or a
11 negative figure, the first registration tax shall be paid. If the
12 result is 1, 2, or 3 or more, then, respectively, the second,
13 third, or subsequent registration tax shall be paid. A van that
14 is owned by an individual who uses a wheelchair or by an
15 individual who transports a member of his or her household who
16 uses a wheelchair and for which registration plates are issued
17 under section 803d shall be assessed at the rate of 50% of the
18 tax provided for in this subdivision.
19 (q) For a wrecker, $200.00.
20 (r) When the secretary of state computes a tax under this
21 section, a computation that does not result in a whole dollar
22 figure shall be rounded to the next lower whole dollar when the
23 computation results in a figure ending in 50 cents or less and
24 shall be rounded to the next higher whole dollar when the
25 computation results in a figure ending in 51 cents or more,
26 unless specific taxes are specified, and the secretary of state
27 may accept the manufacturer's shipping weight of the vehicle
1 fully equipped for the use for which the registration application
2 is made. If the weight is not correctly stated or is not
3 satisfactory, the secretary of state shall determine the actual
4 weight. Each application for registration of a vehicle under
5 subdivisions (j) and (m) shall have attached to the application a
6 scale weight receipt of the vehicle fully equipped as of the time
7 the application is made. The scale weight receipt is not
8 necessary if there is presented with the application a
9 registration receipt of the previous year that shows on its face
10 the weight of the motor vehicle as registered with the secretary
11 of state and that is accompanied by a statement of the applicant
12 that there has not been a structural change in the motor vehicle
13 that has increased the weight and that the previous registered
14 weight is the true weight.
15 (2) A manufacturer is not exempted under this act from
16 paying ad valorem taxes on vehicles in stock or bond, except on
17 the specified number of motor vehicles registered. A dealer is
18 exempt from paying ad valorem taxes on vehicles in stock or bond.
19 (3) Until October 1, 2009, the tax for a vehicle with an
20 empty weight over 10,000 pounds imposed under subsection (1)(a)
21 and the taxes imposed under subsection (1)(c), (d), (e), (f),
22 (i), (j), (m), (o), and (p) are each increased as follows:
23 (a) A regulatory fee of $2.25 that shall be credited to the
24 traffic law enforcement and safety fund created in section 819a
25 and used to regulate highway safety.
26 (b) A fee of $5.75 that shall be credited to the
27 transportation administration collection fund created in section
1 810b through September 30, 2009. Beginning October 1, 2009, a fee
2 of $5.75 shall be credited to the department of state operations
3 fund under section 810b.
4 (4) If a tax required to be paid under this section is not
5 received by the secretary of state on or before the expiration
6 date of the registration plate, the secretary of state shall
7 collect a late fee of $10.00 for each registration renewed after
8 the expiration date. An application for a renewal of a
9 registration using the regular mail and postmarked before the
10 expiration date of that registration shall not be assessed a late
11 fee. The late fee collected under this subsection shall be
12 deposited into the general fund.
13 (5) As used in this section:
14 (a) "Gross proceeds" means that term as defined in section 1
15 of the general sales tax act, 1933 PA 167, MCL 205.51, and
16 includes the value of the motor vehicle used as part payment of
17 the purchase price as that value is agreed to by the parties to
18 the sale, as evidenced by the signed agreement executed under
19 section 251.
20 (b) "List price" means the manufacturer's suggested base
21 list price as published by the secretary of state, or the
22 manufacturer's suggested retail price as shown on the label
23 required to be affixed to the vehicle under 15 USC 1232, if the
24 secretary of state has not at the time of the sale of the vehicle
25 published a manufacturer's suggested retail price for that
26 vehicle, or the purchase price of the vehicle if the
27 manufacturer's suggested base list price is unavailable from the
1 sources described in this subdivision.
2 (c) "Purchase price" means the gross proceeds received by
3 the seller in consideration of the sale of the motor vehicle
4 being registered.
5 Sec. 802. (1) For a special registration issued as provided
6 for in section 226(8), there shall be paid 1/2 the tax imposed
7 under section 801 and in addition a service fee of $10.00.
8 (2) For all commercial vehicles registered after August 31
9 for the period expiring the last day of February, a tax of 1/2
10 the rate otherwise imposed by this act shall be collected. This
11 subsection does not apply to vehicles registered by manufacturers
12 or dealers under sections 244 to 247.
13 (3) For each special registration as provided for in section
14 226(9), a service fee of $10.00 shall be collected.
15 (4) For temporary registration plates or markers as provided
16 for in section 226a(1), a service fee of $5.00 for each group of
17 5 of those temporary registration plates or markers shall be
18 collected.
19 (5) For a temporary registration as provided in section
20 226b, the fee shall be either of the following:
21 (a) For a 30-day temporary registration, 1/10 of the fee
22 prescribed under section 801 or $20.00, whichever is greater, and
23 an additional $10.00 service fee.
24 (b) For a 60-day temporary registration, 1/5 of the fee
25 prescribed under section 801 or $40.00, whichever is greater, and
26 an additional $10.00 service fee.
27 (6) For registration plates as provided for in section
1 226a(5), (6), and (7), a service fee of $40.00 for 2 registration
2 plates and $20.00 for each additional registration plate shall be
3 collected.
4 (7) For special registrations issued for special mobile
5 equipment as provided in section 216(d), a service fee of $15.00
6 each for the first 3 special registrations, and $5.00 for each
7 special registration issued in excess of the first 3 shall be
8 collected.
9 (8) The secretary of state, upon request, may issue a
10 registration valid for 3 months for use on a vehicle with an
11 elected gross weight of 24,000 pounds or greater on the payment
12 of 1/4 the full registration fee provided in section 801(1)(k)
13 and in addition a service fee of $10.00.
14 (9) Upon application to the secretary of state, an owner of
15 a truck, truck tractor, or road tractor that is used exclusively
16 for the purpose of gratuitously transporting farm crops or
17 livestock bedding between the field where produced and the place
18 of storage, feed from on-farm storage to an on-farm feeding site,
19 or fertilizer, seed, or spray material from the farm location to
20 the field may obtain a special registration. The service fee for
21 each special registration shall be $20.00. The special
22 registration shall be valid for a period of up to 12 months and
23 shall expire on December 31. As used in this subsection:
24 (a) "Feed" means hay or silage.
25 (b) "Livestock bedding" means straw, sawdust, or sand.
26 (10) The secretary of state, upon request, may issue a
27 special registration valid for 3 or more months for a road
1 tractor, truck, or truck tractor owned by a farmer, if the motor
2 vehicle is used exclusively in connection with the farmer's
3 farming operations or for the transportation of the farmer and
4 the farmer's family and not used for hire. The fee for the
5 registration shall be 1/10 of the fee provided in section
6 801(1)(c) times the number of months for which the special
7 registration is requested and, in addition, a service fee of
8 $10.00. No special registration shall be issued for a motor
9 vehicle for which the fee under section 801(1)(c) would be less
10 than $50.00.
11 (11) The secretary of state, upon request, may issue a
12 registration valid for 3 months or more for use on a vehicle with
13 an elected gross weight of 24,000 pounds or greater. The fee for
14 the registration shall be 1/12 of the fee provided in section
15 801(1)(k), times the number of months for which the special
16 registration is requested and, in addition, a service fee of
17 $10.00.
18 (12) The service fees collected under subsections (1), (3),
19 (4), (5), (6), (7), (8), (9), (10), and (11) shall be deposited
20 in the transportation administration collection fund created in
21 section 810b through September 30, 2009. Beginning October 1,
22 2009, the service fees collected under subsections (1), (3), (4),
23 (5), (6), (7), (8), (9), (10), and (11) shall be deposited in the
24 department of state operations fund under section 810b.
25 Sec. 803b. (1) The secretary of state may issue 1
26 personalized vehicle registration plate which shall be used on
27 the passenger motor vehicle, pick-up truck, motorcycle, van,
1 motor home, hearse, bus, trailer coach, or trailer for which the
2 plate is issued instead of a standard plate. Personalized plates
3 shall bear letters and numbers as the secretary of state
4 prescribes. The secretary of state shall not issue a letter
5 combination which might carry a connotation offensive to good
6 taste and decency. The personalized plates shall be made of the
7 same material as standard plates. Personalized plates shall not
8 be a duplication of another registration plate.
9 (2) An application for a personalized registration plate
10 shall be submitted to the secretary of state pursuant to section
11 217. Application for an original personalized registration plate
12 shall be accompanied with payment of a service fee of $8.00 for
13 the first month and of $2.00 per month for each additional month
14 of the registration period in addition to the regular vehicle
15 registration fee. A second duplicate registration plate may be
16 obtained by requesting that option on the application and paying
17 an additional service fee of $5.00. The original and duplicate
18 service fees shall be deposited in the transportation
19 administration collection fund created in section 810b through
20 September 30, 2009. Beginning October 1, 2009, the original and
21 duplicate service fees shall be deposited in the department of
22 state operations fund under section 810b. Application for the
23 renewal of a personalized registration plate shall be accompanied
24 with payment of a service fee of $15.00 in addition to the
25 regular vehicle registration fee. The service fee shall be
26 credited to the Michigan transportation fund and shall be
27 allocated pursuant to section 10 of 1951 PA 51, MCL 247.660. The
1 amount allocated to the state trunk line fund shall be used by
2 the state transportation department for litter pickup and cleanup
3 on state roads and rights of way.
4 (3) The expiration date for a personalized registration
5 plate shall be pursuant to section 226. Upon the issuance or
6 renewal of a personalized registration plate, the secretary of
7 state may issue a tab or tabs designating the month and year of
8 expiration. Upon the renewal of a personalized registration
9 plate, the secretary of state shall issue a new tab or tabs for
10 the rear plate designating the next expiration date of the plate.
11 Upon renewal, the secretary of state shall not issue the owner a
12 new exact duplicate of the expired plate unless the plate is
13 illegible and the owner pays the service fee and registration fee
14 for an original personalized registration plate.
15 (4) The sequence of letters or numbers or combination of
16 letters and numbers on a personalized plate shall not be given to
17 a different person in a subsequent year unless the person to whom
18 the plate was issued does not reapply before the expiration date
19 of the plate.
20 (5) An applicant who applies for a registration plate under
21 section 217d, 803e, 803f, 803j, 803k, 803l, 803n, or 803o is
22 eligible to request, and the secretary of state may issue, the
23 registration plate with a sequence of letters and numbers
24 otherwise authorized under this section.
25 (6) The secretary of state may issue a temporary permit to a
26 person who has submitted an application and the proper fees for a
27 personalized plate if the applicant's vehicle registration may
1 expire prior to receipt of his or her personalized plate. The
2 temporary registration shall be valid for not more than 60 days
3 after the date of issuance. The temporary permit shall be issued
4 without a fee.
5 Sec. 803r. The service fees collected under sections 803e,
6 803f, 803i, 803j, 803k, 803l, 803m, 803n, and 803o shall be
7 deposited into the transportation administration collection fund
8 created under section 810b through September 30, 2009. Beginning
9 October 1, 2009, the service fees collected under sections 803e,
10 803f, 803i, 803j, 803k, 803l, 803m, 803n, and 803o shall be
11 deposited in the department of state operations fund under
12 section 810b.
13 Sec. 804. (1) In addition to any other fees required under
14 this act, a $5.00 service fee shall be paid with each application
15 for each distinctive or commemorative plate provided for in this
16 act to cover manufacturing and issuance costs unless these costs
17 are otherwise specifically provided for in this act.
18 (2) Each applicant for a duplicate or replacement license
19 plate provided for in this act shall pay the following service
20 fee to the secretary of state, in addition to any other fees
21 required under this act:
22 (a) Five dollars for a standard or graphic standard plate,
23 personalized registration plate, veterans special registration
24 plate, or other registration plate for which the duplicate or
25 replacement fee has not been specified in this act.
26 (b) Ten dollars for a set of plates provided for in section
27 803m.
1 (c) Ten dollars for each fund-raising registration plate
2 issued under section 811e or 811f, or collector plate described
3 in section 811g.
4 (3) The service fees collected under this section shall be
5 deposited in the transportation administration collection fund
6 created in section 810b through September 30, 2009. Beginning
7 October 1, 2009, the service fees collected under this section
8 shall be deposited in the department of state operations fund
9 under section 810b.
10 Sec. 806. (1) Until October 1, 2009, a A fee
of $10.00 shall
11 accompany each application for a certificate of title required by
12 this act or for a duplicate of a certificate of title. An
13 additional fee of $5.00 shall accompany an application if the
14 applicant requests that the application be given special
15 expeditious treatment. A $3.00 service fee shall be collected, in
16 addition to the other fees collected under this subsection, for
17 each title issued and shall be deposited in the transportation
18 administration collection fund created under section 810b through
19 September 30, 2009. Beginning October 1, 2009 through September
20 30, 2012, a $3.00 service fee shall be collected, in addition to
21 the other fees collected under this subsection, for each title
22 issued and shall be deposited in the department of state
23 operations fund under section 810b. The $5.00 expeditious
24 treatment fee collected on and after October 1, 2004 through
25 September 30, 2009 shall be deposited into the transportation
26 administration collection fund created under section 810b. The
27 $5.00 expeditious treatment fee collected beginning October 1,
1 2009 through September 30, 2012 shall be deposited in the
2 department of state operations fund under section 810b.
3 (2) A fee of $10.00 shall accompany an application for a
4 special identifying number as provided in section 230.
5 (3) In addition to paying the fees required by subsection
6 (1), until December 31, 2012, each person who applies for a
7 certificate of title, a salvage vehicle certificate of title, or
8 a scrap certificate of title under this act shall pay a tire
9 disposal surcharge of $1.50 for each certificate of title or
10 duplicate of a certificate of title that person receives. The
11 secretary of state shall deposit money received under this
12 subsection into the scrap tire regulatory fund created in section
13 16908 of the natural resources and environmental protection act,
14 1994 PA 451, MCL 324.16908.
15 Sec. 809. (1) An application for transfer of registration
16 from a vehicle subject to section 801(1)(a) to another vehicle
17 subject to that section shall be accompanied by a fee of $8.00.
18 In addition to the fee of $8.00, if the registration is
19 transferred from a passenger vehicle to a motor home and if the
20 registration fee for the motor home is greater than the fee paid
21 upon registration of the vehicle from which the registration was
22 removed, then the difference in fee shall be paid by the
23 applicant. If the fee is less than that paid for the registration
24 of the vehicle from which the plates were removed, the difference
25 shall not be refunded. The fees required by this subsection shall
26 be considered to include all fees or charges imposed by this act
27 for the transfer of registration, except those which may be
1 assessed under section 234.
2 (2) An application for a transfer of registration, other
3 than a transfer described in subsection (1), shall be accompanied
4 by a fee of $8.00. In addition to the fee of $8.00, if the
5 registration plates are transferred to another vehicle, as
6 provided in section 233, and if the plate fee for a 12-month
7 registration for the vehicle to which the registration is
8 transferred is greater than the plate fee paid upon registration
9 of the vehicle from which the registration was removed, then the
10 difference shall be paid by the applicant for the new
11 registration. If the fee is less than that paid for registration
12 of the vehicle from which the registration was removed, the
13 difference shall not be refunded.
14 (3) A transfer of registration fee collected under this
15 section on and after October 1, 2004 through September 30, 2009
16 shall be deposited into the transportation administration
17 collection fund created under section 810b. A transfer of
18 registration fee collected under this section beginning October
19 1, 2009 through September 30, 2012 shall be deposited in the
20 department of state operations fund under section 810b.
21 Sec. 810b. (1) The transportation administration collection
22 fund is created within the state treasury. Beginning October 1,
23 2009, the transportation administration collection fund shall be
24 known as the department of state operations fund.
25 (2) The state treasurer may receive money from the
26 collections authorized under this act for deposit into the fund.
27 The state treasurer shall direct the investment of the fund. The
1 state treasurer shall credit to the fund interest and earnings
2 from fund investments.
3 (3) Money in the fund at the close of the fiscal year shall
4 not lapse into the Michigan transportation fund.
5 (4) Except as provided in subsection (6), upon
6 appropriation, the department of state shall expend money from
7 the fund that is credited to the fund from revenue collected
8 under sections 801 to 810 only to pay the necessary collection
9 expenses incurred by the department of state in the
10 administration and enforcement of sections 801 to 810.
11 (5) The department of treasury shall expend money in the
12 fund, upon appropriation, only to defray the costs of collecting
13 motor fuel taxes.
14 (6) The department of state shall expend money as
15 appropriated from the fund that is credited to the fund on or
16 after October 1, 2005 under each of the following sections of law
17 to pay either the necessary collection of expenses incurred by
18 the department of state in the administration and enforcement of
19 sections 801 to 810 or other necessary expenses:
20 (a) Sections 208b and 232.
21 (b) Section 7 of 1972 PA 222, MCL 28.297.
22 (c) Sections 80130, 80315, 81114, and 82156 of the natural
23 resources and environmental protection act, 1949 1994 PA
451, MCL
24 324.80130, 324.80315, 324.81114, and 324.82156.
25 Sec. 811d. (1) As used in this chapter:
26 (a) "Fund-raising plate" means a registration plate
27 authorized to raise funds for a specified goal.
1 (b) "Collector plate" means a collector plate that matches
2 any registration plate developed and issued under this act.
3 (c) "Nonprofit" means that which is exempt from taxation
4 under section 501(c)(3) of the internal revenue code, 26 USC 501.
5 (d) "Transportation administration collection fund"
means
6 the fund created under section 810b.
7 (2) A fund-raising plate shall contain all of the following
8 as prescribed or approved by the secretary of state:
9 (a) The same generic background.
10 (b) Letters and numbers.
11 (c) The word "Michigan" and any other unique identifier
12 specified by the secretary of state.
13 (d) A design or logo.
14 (3) If the design or logo of a fund-raising plate uses 1 or
15 more designs, trade names, trademarks, service marks, emblems,
16 symbols, or other images that are owned by a Michigan university
17 or other person, the Michigan university or other person shall
18 grant to or obtain for the secretary of state both of the
19 following pursuant to a written agreement between the parties:
20 (a) A nonexclusive worldwide license to use those designs,
21 trade names, trademarks, service marks, emblems, symbols, or
22 other images on and in conjunction with the marketing, promotion,
23 sale, or copyrighting of the registration plate or image of the
24 fund-raising plate.
25 (b) The authority to merchandise the fund-raising plate or
26 an image of the fund-raising plate.
27 (4) In using or employing a design, trade name, trademark,
1 service mark, emblem, symbol, logo, or other image on and in
2 conjunction with the marketing, promotion, sale, copyrighting, or
3 merchandising of a fund-raising plate or image of the fund-
4 raising plate, the secretary of state may alter the size of the
5 design, trade name, trademark, service mark, emblem, symbol,
6 logo, or other image but shall not change the color or design of
7 the design, trade name, trademark, service mark, emblem, symbol,
8 logo, or other image without the prior written consent of the
9 respective Michigan university or other person. The secretary of
10 state shall not use or employ a design, trade name, trademark,
11 service mark, emblem, symbol, logo, or other image on and in
12 conjunction with the marketing, promotion, sale, copyrighting, or
13 merchandising of a fund-raising plate or an image of the fund-
14 raising plate in any manner that is offensive to the Michigan
15 university or other person that owns the design, trade name,
16 trademark, service mark, emblem, symbol, logo, or other image
17 that is the subject of a written agreement under subsection (3).
18 Sec. 811e. (1) Beginning January 1, 2007, the secretary of
19 state may develop a fund-raising plate as provided in this
20 section.
21 (2) A start-up fee of $15,000.00 shall be paid for any new
22 fund-raising plate authorized under this section. ,
which The fee
23 shall be deposited in the transportation administration
24 collection fund through September 30, 2009 to be used for the
25 cost of creating, producing, and issuing fund-raising plates.
26 Beginning October 1, 2009, the fee shall be deposited in the
27 department of state operations fund to be used for the cost of
1 creating, producing, and issuing fund-raising plates. If the fee
2 described in this subsection is not paid within 18 months of the
3 effective date of the public act that authorizes the development
4 and issuance of a fund-raising plate, then the related fund-
5 raising plate shall not be created, produced, or issued. A start-
6 up fee paid under this subsection is nonrefundable.
7 (3) Not less than 3 years after the secretary of state first
8 issues 1 of the fund-raising plates as described in subsection
9 (1) and upon payment of $2,000.00, the Michigan university or
10 other person sponsoring that fund-raising plate may redesign it
11 as approved by the secretary of state. The payment required under
12 this subsection shall be deposited in the transportation
13 administration collection fund through September 30, 2009 to be
14 used for the cost of creating, producing, and issuing fund-
15 raising plates. Beginning October 1, 2009, the payment required
16 under this subsection shall be deposited in the department of
17 state operations fund to be used for the cost of creating,
18 producing, and issuing fund-raising plates. A payment under this
19 subsection is nonrefundable.
20 (4) The secretary of state may develop 1 or more limited
21 term registration plates to recognize a Michigan university or an
22 accomplishment or occasion of a Michigan university.
23 (5) The secretary of state may, at any 1 time, develop not
24 more than 8 different state sponsored fund-raising registration
25 plates as described in this section, and matching state-sponsored
26 collector plates as described in section 811g.
27 (6) The secretary of state shall not develop or issue a
1 fund-raising plate unless a public act authorizing the fund-
2 raising plate, at a minimum, does all of the following:
3 (a) Identifies the purpose of the fund-raising plate.
4 (b) Creates a nonprofit fund or designates an existing
5 nonprofit fund to receive the money raised through the sale of
6 fund-raising plates and matching collector plates.
7 (c) If a fund is created, names the person or entity
8 responsible for administering the fund.
9 Sec. 811h. (1) Each service fee collected under sections
10 811f and 811g shall be credited to the transportation
11 administration collection fund created under section 810b through
12 September 30, 2009. Beginning October 1, 2009, each service fee
13 collected under sections 811f and 811g shall be credited to the
14 department of state operations fund under section 810b.
15 (2) The secretary of state shall identify and segregate the
16 fund-raising donations collected under sections 811f and 811g
17 into separate accounts. The secretary of state shall create a
18 separate account for each fund-raising plate and its collector
19 plates issued or sold by the secretary of state.
20 (3) As determined necessary by the secretary of state but
21 not more than 45 days after the end of each calendar quarter, the
22 secretary of state shall not less than once each calendar quarter
23 authorize the disbursement of fund-raising donations segregated
24 under subsection (2) and, independent from any disbursement under
25 subsection (2), report the number of each type of fund-raising
26 and collector plates issued, sold, or renewed to the following,
27 as appropriate:
1 (a) The treasurer of a Michigan university.
2 (b) The person or entity identified in a public act pursuant
3 to section 811e to administer a state-sponsored fund-raising
4 registration plate fund.
5 (c) The sponsor of a fund-raising plate issued as prescribed
6 under section 811e that was developed and issued after the
7 effective date of the amendatory act that added this subdivision.
8 (4) A fund-raising plate created after the effective date of
9 the amendatory act that added this subsection shall meet or
10 exceed the following sales goals:
11 (a) In the first year, 2,000 plates.
12 (b) In the second and each subsequent year for 5 years, 500
13 original plates.
14 (5) The secretary of state may cease to issue a fund-raising
15 plate or to issue a duplicate replacement of a fund-raising plate
16 for use on a vehicle if that fund-raising plate fails to meet a
17 sales goal described in subsection (4). The secretary of state
18 may also cease to sell a collector plate that matches the
19 discontinued fund-raising plate. However, the secretary of state
20 may continue to renew fund-raising plates already issued and
21 collect the renewal fund-raising donation for those plates.
22 (6) The state of Michigan, through the secretary of state,
23 shall own all right, title, and interest in all fund-raising
24 plates and collector plates, including the right to use,
25 reproduce, or distribute a fund-raising or collector plate or the
26 image of a fund-raising or collector plate in any form. The
27 secretary of state may authorize the commercial or other use of a
1 fund-raising or collector plate design, logo, or image if written
2 consent is obtained from the pertinent Michigan university or
3 other person that sponsored a fund-raising plate. However, the
4 secretary of state shall not authorize the commercial or other
5 use of a fund-raising or collector plate under this section
6 unless the user first agrees in writing to the terms and
7 conditions that the secretary of state considers necessary. Those
8 terms and conditions may include the payment of royalty fees to 1
9 or more of the following:
10 (a) This state.
11 (b) A Michigan university.
12 (c) Another person that sponsored a fund-raising plate.
13 (7) A royalty fee paid to this state under a written
14 agreement described in subsection (6) shall be credited to the
15 transportation administration collection fund through September
16 30, 2009. Beginning October 1, 2009, a royalty fee paid to this
17 state under a written agreement described in subsection (6) shall
18 be credited to the department of state operations fund under
19 section 810b.
20 (8) Beginning not later than February 1, 2007, and annually
21 after that, an organization receiving fund-raising donations
22 disbursed under this section shall report to the state treasurer.
23 A report under this subsection shall include a summary of
24 expenditures during the preceding year of the money received
25 under this section.
26 Enacting section 1. Enacting section 2 of 2003 PA 152 is
27 repealed.
1 Enacting section 2. This amendatory act takes effect
2 September 1, 2009.