Bill Text: MI HB4974 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Highways; signs; logo program; expand to include "attraction" signs. Amends sec. 2 of 1941 PA 205 (MCL 252.52).
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2009-05-21 - Printed Bill Filed 05/21/2009 [HB4974 Detail]
Download: Michigan-2009-HB4974-Introduced.html
HOUSE BILL No. 4974
May 20, 2009, Introduced by Reps. Sheltrown, Moore, Polidori and Meadows and referred to the Committee on Transportation.
A bill to amend 1941 PA 205, entitled
"An act to provide for the construction, establishment, opening,
use, discontinuing, vacating, closing, altering, improvement, and
maintenance of limited access highways and facilities ancillary to
those highways; to permit the acquiring of property and property
rights and the closing or other treatment of intersecting roads for
these purposes; to provide for the borrowing of money and for the
issuing of bonds or notes payable from special funds for the
acquisition, construction or improvement of such highways; and to
provide for the receipt and expenditure of funds generated from the
facilities,"
by amending section 2 (MCL 252.52), as amended by 2002 PA 150.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The state transportation department, a board of
county road commissioners, or a city or village, acting alone or in
cooperation with each other or with a federal, state, or local
agency having authority to participate in the construction and
maintenance of highways, may establish, open, discontinue, vacate,
close, alter, improve, maintain, and provide for the public use of
limited access highways, subject to section 1(i) of 1925 PA 352,
MCL 213.171.
(2) The state transportation department shall allow only the
installation of vending machines at selected sites on the limited
access highway system to dispense food, drink, and other articles
that the state transportation department determines appropriate.
The state transportation department shall allow only the
installation of vending machines at selected travel information
centers. Following a 2-year trial period the state transportation
department shall use its discretion with the advice of the
commission for the blind to allow only vending machines at other
locations on the limited access highway system. The vending
machines shall be operated solely by the commission for the blind,
which
is designated as the state licensing agency under section
2(a)(5)
of chapter 638, 49 Stat. 1559, 20 U.S.C.
USC 107a. Except
as otherwise provided in this section, no other commercial
enterprise shall be authorized or conducted within or on property
acquired for or designated as a limited access highway. The
commission for the blind shall require evidence of liability
insurance and monitor compliance as it pertains to only vending
machines in the designated areas, holding harmless the state
transportation department.
(3) In conjunction with the exemption granted by federal law
from
the restrictions contained in section 111 of title 23 of the
United
States Code, 23 U.S.C. USC 111,
and described in the "manual
on uniform traffic control devices for streets and highways", U.S.
department of transportation and federal highway administration,
part 2g (LOGOS), this section does not prohibit the use of
facilities located in part on the right-of-way of I-94 in the
vicinity of the interchange of I-94 and I-69 business loop/I-94
business loop for the sale of only those articles which are for
export and consumption outside the United States.
(4) This section does not prohibit the use of facilities
located in the vicinity of the international bridge in the city of
Sault Ste. Marie for the sale of only those articles which are for
export and consumption outside the United States to the extent that
the use is not restricted by federal law.
(5) This section does not prohibit the operation of customs
brokering facilities on state owned property available for that use
at the sites of the blue water bridge in Port Huron and the
international bridge in Sault Ste. Marie.
(6) The state transportation department may enter into a lease
for facilities described in subsection (3), (4), or (5), the
revenue from which shall be deposited in the state trunk line fund
if attributable to the blue water bridge site or in the fund
created under section 7 of 1954 PA 99, MCL 254.227, if attributable
to the international bridge site.
(7) This section does not prohibit the use of facilities
located at rest areas or welcome centers to distribute, either
directly or through electronic technologies, free travel related
information or assistance, or both, to the traveling public if the
distribution is approved by the state transportation department.
(8) The state transportation department may enter into
agreements for the activities described in subsection (7), the
revenue from which shall be deposited in the state trunk line fund.
(9) The state transportation department may enter into
agreements to authorize the use of property acquired for or
designated as a limited access highway or acquired for or
designated for ancillary purposes for the installation, operation,
and maintenance of commercial or noncommercial electronic devices
and related structures so long as the electronic devices and
related structures are intended to assist in providing travel
related information to motorists who subscribe to travel related
information services, the public, or the state transportation
department. All revenue generated by the agreements shall be
deposited in the state trunk line fund. The state transportation
department may accept facilities or in-kind services to be used for
public purposes in lieu of, or in addition to, monetary
compensation.
(10) This section does not prohibit the use of logo signage
within the right-of-way of limited access highways. For purposes of
this subsection, "logo signage" means a sign containing the
trademark or other symbol that identifies a business in a manner
and at locations approved by the state transportation department.
The state transportation department shall not disapprove the use of
logo signage within the right-of-way of limited access highways
because the logo signage is attraction logo signage. For purposes
of this subsection, "attraction logo signage" means signage
indicating services that have regional significance and adequate
parking accommodations and that have the primary purpose of
providing amusement, historical, cultural, or leisure activities to
the public. The state transportation department may enter into
agreements to allow logo signage, and any revenue received by the
state transportation department under this subsection shall be
deposited into the state trunk line fund established under section
11 of 1951 PA 51, MCL 247.661.
(11) At the request of a hospital that provides 24-hour
emergency care, the state transportation department shall place and
maintain signs on all limited access highways that indicate exits
that are within 2 miles of that hospital. The signs shall indicate
the name of the hospital or the name of the nonprofit corporation
that owns or operates the hospital and the exit number of the exit
that is within the 2 miles of the hospital. At least 1 sign shall
be placed for each exit that is within 2 miles of a requesting
hospital that provides 24-hour emergency care. The cost of placing
and maintaining the sign shall be paid by the hospital requesting
the signs. The state transportation department shall adopt
guidelines specifying the size, shape, design, number, and
placement of the signs authorized under this subsection. The state
transportation department shall not remove signs on limited access
highways that exist on the effective date of the amendatory act
that added this subsection and that indicate exits within 10 miles
of a hospital that provides 24-hour emergency care but that do not
otherwise satisfy the requirements of this subsection. As used in
this subsection, "hospital" means a health facility that is
licensed under part 215 of the public health code, 1978 PA 368, MCL
333.21501
to 333.21568 333.21571.
