HOUSE BILL No. 4577


     April 8, 1997, Introduced by Reps. Lowe, Bodem, Cropsey, Gilmer, Cherry, DeVuyst, Oxender, Goschka, McBryde, Brackenridge, Horton, Nye, Jellema, Perricone and Voorhees 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 prop-
   erty 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 high-
   ways; and to provide for the receipt and expenditure of funds
   generated from the facilities,"

   by amending section 2 (MCL 252.52), as amended by 1995 PA 93.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1) The state transportation department, a board of

 2    county road commissioners, or a city or village, acting alone or

 3    in cooperation with each other or with a federal, state, or local

 4    agency having authority to participate in the construction and

 5    maintenance of highways, may establish, open, discontinue,

 6    vacate, close, alter, improve, maintain, and provide for the



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 1    public use of limited access highways, subject to section 1(i) of

 2     Act No. 352 of the Public Acts of 1925, being section 213.171 of

 3     the Michigan Compiled Laws  1925 PA 352, MCL 213.171.

 4         (2) The state transportation department shall allow only the

 5    installation of vending machines at selected sites on the limited

 6    access highway system to dispense food, drink, and other articles

 7    that the state transportation department determines appropriate.

 8    The state transportation department shall allow only the instal-

 9    lation of vending machines at selected travel information

10    centers.  Following a 2-year trial period the state transporta-

11    tion department shall use its discretion with the advice of the

12    commission for the blind to allow only vending machines at other

13    locations on the limited access highway system.  The vending

14    machines shall be operated solely by the commission for the

15    blind, which is designated as the state licensing agency under

16    section 2(a)(5) of chapter 638, 49 Stat. 1559, 20 U.S.C. 107a.

17    Except as otherwise provided in this section, no other commercial

18    enterprise shall be authorized or conducted within or on property

19    acquired for or designated as a limited access highway.  The com-

20    mission for the blind shall require evidence of liability insur-

21    ance and monitor compliance as it pertains to only vending

22    machines in the designated areas, holding harmless the state

23    transportation department.

24         (3) In conjunction with the exemption granted by federal law

25    from the restrictions contained in section 111 of  Title  TITLE

26    23 of the United States Code, 23 U.S.C. 111, this section does

27    not prohibit the use of facilities located in part on the



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 1    right-of-way of I-94 in the vicinity of the interchange of I-94

 2    and I-69 business loop/I-94 business loop for the sale of only

 3    those articles  which  THAT are for export and consumption out-

 4    side the United States.

 5         (4) This section does not prohibit the use of facilities

 6    located in the vicinity of the international bridge in the city

 7    of Sault Ste. Marie for the sale of only those articles  which 

 8    THAT are for export and consumption outside the United States to

 9    the extent that the use is not restricted by federal law.

10         (5) This section does not prohibit the operation of customs

11    brokering facilities on state owned property available for that

12    use at the sites of the blue water bridge in Port Huron and the

13    international bridge in Sault Ste. Marie.

14         (6) The state transportation department may enter into a

15    lease for facilities described in subsection (3), (4), or (5),

16    the revenue from which shall be deposited in the state trunk line

17    fund if attributable to the blue water bridge site or in the fund

18    created  pursuant to section 7 of Act No. 99 of the Public Acts

19     of 1954, being section 254.227 of the Michigan Compiled Laws 

20    UNDER 1954 PA 99, MCL 254.227, if attributable to the interna-

21    tional bridge site.

22         (7) This section does not prohibit the use of facilities

23    located at rest areas or welcome centers to distribute, either

24    directly or through electronic technologies, free travel related

25    information or assistance, or both, to the traveling public if

26    the distribution is approved by the state transportation

27    department.



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 1         (8) The state transportation department may enter into

 2    agreements for the activities described in subsection (7), the

 3    revenue from which shall be deposited in the state trunk line

 4    fund.

 5         (9)  The state transportation department shall conduct a

 6     study for a period of not less than 3 years to evaluate the

 7     potential benefit to the traveling public of logo signing within

 8     the right-of-way of limited access highways.  Not later than

 9     December 31, 1998, the state transportation department shall

10     issue a written report on the study, which shall include the eco-

11     nomic impact of logo signing on the outdoor advertising industry,

12     the benefits of logo signing to the motoring public and local

13     businesses, the acceptance of logo signing by the motoring

14     public, and the proposed standards for logo signing recommended

15     by the state transportation commission.  The study shall include

16     a pilot program for logo signing at not more than 30

17     interchanges.  However, not less than 30 days before the imple-

18     mentation date of the pilot program, any proposed agreement spec-

19     ifying a location for the pilot program shall be reported to the

20     senate and house of representatives standing committees that con-

21     sider transportation-related legislation.  THIS SECTION DOES NOT

22    PROHIBIT THE USE OF LOGO SIGNAGE WITHIN THE RIGHT-OF-WAY OF

23    LIMITED ACCESS HIGHWAYS.  FOR PURPOSES OF THIS SUBSECTION, "LOGO

24    SIGNAGE" MEANS A SIGN CONTAINING THE TRADEMARK OR OTHER SYMBOL

25    THAT IDENTIFIES A BUSINESS IN A MANNER AND AT LOCATIONS APPROVED

26    BY THE STATE TRANSPORTATION DEPARTMENT. Any revenue received by

27    the state transportation department under this subsection shall



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 1    be deposited into the state trunk line fund established under

 2    section 11 of  Act No. 51 of the Public Acts of 1951, being

 3     section 247.661 of the Michigan Compiled Laws  1951 PA 51, MCL

 4    247.661.

 5         Enacting section 1.  This amendatory act does not take

 6    effect unless Senate Bill No. _____ or House Bill No. _____

 7    (request no. 02000'97 a) of the 89th Legislature is enacted into

 8    law.








































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