HOUSE BILL No. 4578


     April 8, 1997, Introduced by Reps. Lowe, Voorhees, Bodem, Cropsey, Gilmer, Cherry, DeVuyst, Oxender, Goschka, McBryde, Brackenridge, Horton, Nye, Jellema and Perricone and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 676a (MCL 257.676a), as amended by 1995 PA

   92.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 676a.  (1) Except as otherwise provided in this sec-

 2    tion, a person, firm, or corporation who sells or offers for

 3    sale, or displays or attempts to display for sale, goods, wares,

 4    produce, fruit, vegetables, or merchandise within the

 5    right-of-way of a highway outside of the corporate limits of a

 6    city or village, or within the right-of-way of a state trunk line

 7    highway, is responsible for a civil infraction.

 8         (2) This section  shall  DOES not interfere with a

 9    permanently established business  presently  THAT, AS OF

10    SEPTEMBER 27, 1957, WAS located on or partially on private


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 1    property or grant to the owner of that business additional rights

 2    or authority that the owner  may not now possess  DID NOT POSSESS

 3    ON SEPTEMBER 27, 1957, or diminish the legal rights or duties of

 4    the authority having jurisdiction of the right-of-way.

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

 6    from the restrictions contained in  section 1 of Public Law

 7     85-767  SECTION 111 OF TITLE 23 OF THE UNITED STATES CODE, 23

 8    U.S.C. 111, this section  shall  DOES not prohibit the use of a

 9    facility located in part on the right-of-way of I-94 in the

10    vicinity of the interchange of I-94 and I-69 business loop/I-94

11    business loop for the sale of only those articles  which  THAT

12    are for export and consumption outside the United States.

13         (4)  The state transportation department shall conduct a

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

15     potential benefit to the traveling public of logo signing within

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

17     October 1, 1998, the state transportation department shall issue

18     a written report on the study, which shall include the economic

19     impact of logo signing on the outdoor advertising industry, the

20     benefits of logo signing to the motoring public and local busi-

21     nesses, the acceptance of logo signing by the motoring public,

22     and the proposed standards for logo signing recommended by the

23     state transportation commission.  The study shall include a pilot

24     program for logo signing at not more than 30 interchanges.

25     However, not less than 30 days before the implementation date of

26     the pilot program, any proposed agreement specifying a location

27     for the pilot program shall be reported to the Senate and House



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 1    of Representatives standing committees that consider

 2     transportation-related legislation.  THIS SECTION DOES NOT PRO-

 3    HIBIT THE USE OF LOGO SIGNAGE WITHIN THE RIGHT-OF-WAY OF LIMITED

 4    ACCESS HIGHWAYS.  FOR PURPOSES OF THIS SUBSECTION, "LOGO SIGNAGE"

 5    MEANS A SIGN CONTAINING THE TRADEMARK OR OTHER SYMBOL THAT IDEN-

 6    TIFIES A BUSINESS IN A MANNER AND AT LOCATIONS APPROVED BY THE

 7    STATE TRANSPORTATION DEPARTMENT. Any revenue received by the

 8    state transportation department under this subsection shall be

 9    deposited into the state trunk line fund established under

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

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

12    247.661.

13         Enacting section 1.  This amendatory act does not take

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

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

16    law.

























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