HB-5919, As Passed House, May 7, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5919

     A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

by amending section 7a (MCL 252.307a), as added by 2006 PA 447.

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 January 1, 2007

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) (5).

(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 consistent with the provisions of this act and

shall remain in effect with an annual expiration to be renewed upon

payment of annual fees as required under section 7.

(5) (4) Subject to subsections (2) (3) and (8) (9), a permit

holder who is exchanging a permit or permits under subsection

(2)(e) (3)(e) shall be issued 1 interim permit for each of the

first 3 permits surrendered. For each permit surrendered under

subsection (2)(e) (3)(e) after the first 3 permits surrendered, a

permit holder under subsection (2)(e) (3)(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) (3)(e) and this subsection. A permit that is

not exchanged pursuant to subsection (2)(e) (3)(e) and this

subsection cannot be exchanged and shall expire no later than 1

year after January 1, 2007.

(6) (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.

(7) (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.

(8) (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

House Bill No. 5919 (H-1) as amended May 1, 2008

with 2 faces.

(9) (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.

(10) (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. When an interim

permit is surrendered for the construction of a new sign structure

and the permit holder is issued a valid permit to construct the

sign, construction of the sign shall be completed no later than 1

year from the issuance date of the valid permit. If construction is

not completed no later than 1 year from the issuance date of the

valid permit, the valid permit [must be surrendered in accordance with

 the provisions of this section or] will be canceled by the department.

(11) (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.

     (12) The department may issue a permit for a new sign

structure if the sign measures 8 square feet or less and the sign

is of the service club or religious category as defined in rules

promulgated by the department.