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