SB-0567, As Passed House, November 30, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 567

     A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

(MCL 252.301 to 252.325) by adding section 7a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7a. (1) Except as otherwise provided in this section, the

department shall not issue annual permits for new signs on or after

January 1, 2007.

     (2) Permits issued by the department before the effective date

of the amendatory act that added this section remain in force and

valid.

     (3) On and after January 1, 2007, the department shall issue

an interim permit or permits to a holder of a valid permit or

permits if all of the following conditions are met:

     (a) The holder of the valid permit or permits is otherwise in

compliance with this act.

     (b) The holder of the permit or permits surrenders the permit

or permits to the department upon the removal of a sign structure

or sign structures that have a valid permit under this act.

     (c) The holder of the permit or permits verifies the removal

of the sign structure or sign structures in writing to the

department.

     (d) The department verifies that the sign structure or

structures have been removed or the removal has been deemed

effective under this section.

     (e) If a permit holder has a valid annual permit or permits

for a site or sites where no sign structure exists or no

construction has begun to build a sign structure on January 1,

2007, the permit holder may exchange the permit or permits for an

interim permit under this section or begin construction under the

valid permit or permits no later than 1 year after January 1, 2007.

The number of permits that can be received in an exchange shall be

determined under subsection (4).

     (3) An interim permit that is issued under this section shall

only be utilized for the construction of a new sign structure and

shall remain in effect without expiration with fees renewed on an

annual basis.

     (4) Subject to subsections (2) and (8), a permit holder who is

exchanging a permit or permits under subsection (2)(e) shall be

issued 1 interim permit for each of the first 3 permits

surrendered. For each permit surrendered under subsection (2)(e)

after the first 3 permits surrendered, a permit holder under

subsection (2)(e) shall receive 1 interim permit for each 3 permits

surrendered. A permit holder shall have 1 year from January 1, 2007

to exchange permits pursuant to subsection (2)(e) and this

subsection. A permit that is not exchanged pursuant to subsection

(2)(e) and this subsection cannot be exchanged and shall expire no

later than 1 year after January 1, 2007.

     (5) The department shall verify that an existing sign

structure has been removed no later than 30 days after the

department receives written notice from the permit holder that the

sign structure has been removed. If the department does not respond

to the written notice within 30 days after receipt of the written

notice, then the permit holder shall be deemed to have removed the

sign structure in compliance with this section.

     (6) A holder of 2 valid permits for a sign structure with 2

faces who complies with this section shall receive 2 interim

permits for the construction of a sign structure with 2 faces. A

permit holder under this subsection shall not receive 2 interim

permits to construct 2 single-face sign structures.

     (7) A holder of a valid permit for a sign structure with a

single face is entitled to exchange that permit under this section

for an interim permit with a single face. A holder of valid permits

for 2 different single-face structures may exchange the 2 permits

under this section for 2 interim permits to construct 2 single-face

sign structures or 2 interim permits to construct 1 sign structure

with 2 faces.

     (8) A holder of more than 2 valid permits for a sign structure

with more than 2 faces may exchange the permits under this section

for a maximum of 2 interim permits. The 2 interim permits received

under this section shall only be used to construct 1 sign structure

with no more than 2 faces.

     (9) After construction of a sign structure under an interim

permit is complete, the department shall issue renewable permits

annually for the completed sign structure.

     (10) If a permit holder for a sign structure that exists on

January 1, 2007 requires additional permits for any reason, the

department may issue a valid renewable permit renewable on an

annual basis without complying with subsection (2) even if the

permit holder has more than 2 valid permits as a result.

     Enacting section 1. This amendatory act takes effect January

1, 2007.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 568 of the 93rd Legislature is enacted into

law.