HOUSE BILL No. 5919

 

March 20, 2008, Introduced by Reps. Griffin, Polidori, Green, Robert Jones, Meadows and Hopgood and referred to the Committee on Transportation.

 

     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 without expiration with permit fees paid

 

under section 7.

 

     (5) (4) Subject to subsections (2) and (8) (9), 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.

 

     (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

 


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.

 

     (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 shall 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.