August 19, 2010, Introduced by Reps. Sheltrown, Crawford, Lori, Bolger and Neumann and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1981 PA 178, entitled
"City motor vehicle racing act of 1981,"
by amending the title and sections 1, 2, 3, 4, 5, 7, 8, and 11 (MCL
257.1701, 257.1702, 257.1703, 257.1704, 257.1705, 257.1707,
257.1708, and 257.1711).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the holding of motor vehicle racing
events
in cities municipalities in this state; to require a permit;
to provide for the issuance of a permit; to prescribe certain
requirements for obtaining a permit; to provide for certain powers
and
duties of a permit holder and the city municipality in
relation
to a racing event; to declare that an event held under this act is
not a nuisance; and to provide immunity from damages.
Sec.
1. This act shall be known and may be cited as the "city
"municipal
motor vehicle racing act".
of 1981".
Sec. 2. As used in this act:
(a)
"Highway or street" means a highway or street that term as
defined
in section 20 of Act No. 300 of the Public Acts of 1949,
being
section 257.20 of the Michigan Compiled Laws. the Michigan
vehicle code, 1949 PA 300, MCL 257.20.
(b)
"Motor vehicle" means a motor vehicle that term as defined
in
section 33 of Act No. 300 of the Public Acts of 1949, being
section
257.33 of the Michigan Compiled Laws. the Michigan vehicle
code, 1949 PA 300, MCL 257.33.
(c) "Municipality" means a county, city, village, or township.
(d) (c)
"Person" means an
individual, sole proprietorship,
partnership, corporation, or other legal entity.
(e) (d)
"Racing event" means a
motor vehicle race which is
sanctioned by a nationally or internationally recognized racing
organization, and includes preparations, practices, and
qualifications for the race.
Sec.
3. A city municipality may
provide for the issuance of a
permit allowing the person to whom the permit is issued to conduct
a racing event on the highways or streets or at airports within the
limits
of the city. municipality.
A person shall not conduct a
racing
event in a city municipality unless
the person has been
issued a permit under this act.
Sec.
4. The city municipality may
charge a reasonable fee for
the issuance of a permit under this act.
Sec.
5. Before a city municipality issues
a racing event
permit
under sections 3 and 4, the city municipality shall
determine all of the following:
(a) That the person applying for the permit has adequate
insurance to pay any damages incurred because of loss or injury to
any person or property.
(b) That adequate security and necessary facilities will be
provided during the racing event.
(c) That the person applying for the permit has demonstrated
the ability to protect the health, safety, and welfare of the
citizens
of the city municipality and
those attending the racing
event.
Sec. 7. For purposes of a racing event held under this act,
the
city municipality may
do all of the following:
(a) Provide for the temporary closing or obstructing of
highways or streets, airport runways, alleys, and sidewalks located
in
the city. municipality.
(b) Reroute pedestrian and vehicular traffic.
(c) Waive ordinances and traffic regulations including speed
limits and traffic control devices.
Sec. 8. A racing event held under this act and any action
taken under sections 6 and 7 shall be considered as being for
public purposes including the promotion of commerce and tourism and
for
the benefit of the citizens of the city municipality and
the
state.
Sec.
11. A city municipality that
issues a permit under this
act shall not be liable for any damages that may result from the
racing event because of loss or injury to any person or property.
After a permit is issued, the state shall not be liable for any
damages that may result from the racing event because of loss or
injury to any person or property.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6378(request no.
06875'10 a).
(b) Senate Bill No.____ or House Bill No. 6379(request no.
06875'10 b).
(c) Senate Bill No.____ or House Bill No. 6380(request no.
06875'10 c).
(d) Senate Bill No.____ or House Bill No. 6381(request no.
06875'10 d).