REPEAL BAN ON INSIGNIA DISPLAY                                                               H.B. 4930:

                                                                                               COMMITTEE SUMMARY

 

 

 

 

 

 

 

 

 

 

 

House Bill 4930 (as passed by the House)

Sponsor:  Representative Tom Leonard

House Committee:  Criminal Justice

Senate Committee:  Judiciary

 

Date Completed:  10-7-13

 

CONTENT

 

The bill would repeal Section 3 of Public Act 269 of 1929, which  prohibits a person from displaying or permitting to be displayed, any emblem or insignia of an organization, association, fraternity, lodge, club, or order on his or her motor vehicle unless the vehicle's owner is a member of that entity.  This provision does not apply to the owner of any motor vehicle on which the emblem or insignia is displayed solely for participating in a public parade or at a public fair, exhibit, or carnival.

 

Public Act 269 of 1929 limits the use of the names and emblems of benevolent, humane, fraternal, or charitable organizations; allows actions to enjoin violations; and makes it a misdemeanor, punishable by a maximum fine of $100 and/or imprisonment for up to 90 days, to violate the Act.

 

(Section 3 was ruled unconstitutional by the Michigan Court of Appeals in the 1979 case People v. Blauvelt (91 Mich App 380).)

 

MCL 430.53                                                            Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

                                                                                     Fiscal Analyst:  Dan O'Connor

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.