HOUSE BILL No. 6380

 

August 19, 2010, Introduced by Reps. Slezak, Sheltrown, Lori, Bolger, Neumann and Crawford and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1969 PA 200, entitled

 

"An act to regulate driveways, banners, events, and parades upon

and over highways; to provide for the promulgation of rules; to

prescribe requirements for the issuance of permits; and to provide

for the issuance of those permits,"

 

by amending sections 3, 6, and 9 (MCL 247.323, 247.326, and

 

247.329), as amended by 1981 PA 177.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. A permit to temporarily close a highway, or a portion

 

of the highway, for a parade, celebration, festival, or similar

 

activity, and a permit for banners, decorations, or similar objects

 

to overhang the traveled way of a highway, may be issued by the

 

highway authority only if requested by an authorized official

 

designated by resolution of the governing body of a city,

 


incorporated village, or township. Requests for temporary closing

 

of highways shall indicate the time and date the highway is to be

 

closed to traffic, the date and time the highway is to be reopened

 

to traffic, and other information as the highway authority may

 

require. A permit shall not be issued for the partial or complete

 

closing of a highway unless the highway authority is satisfied that

 

adequate arrangements have been made for the handling of highway

 

traffic during such closure. Permits for banners, decorations, or

 

similar objects over the traveled way of a highway shall require

 

that they be securely fastened and be at least 18 feet above the

 

surface of the traveled way. This section does not apply to a

 

racing event for which a permit has been issued under the city

 

municipal motor vehicle racing act, of 1981. 1981 PA 178, MCL

 

257.1701 to 257.1712.

 

     Sec. 6. A permit shall not be issued unless all the

 

requirements of this act, and of rules made pursuant to section 5,

 

are met. A permit may be revoked by the highway authority issuing

 

it if at any time the permitted object, use, or activity fails to

 

meet the requirements of this act or rules made in accordance with

 

section 5. This section does not apply to a permit issued by a city

 

municipality under the city municipal motor vehicle racing act, of

 

1981. 1981 PA 178, MCL 257.1701 to 257.1712.

 

     Sec. 9. (1) Except as provided in subsection (2), the state

 

transportation commission by resolution may authorize any city or

 

village to issue on behalf of the state the permits required by

 

this act with respect to state trunk line highways within the

 

corporate limits of the city or village provided the permits are

 


issued pursuant to this act and rules promulgated under this act,

 

subject to conditions as the commission may prescribe and subject

 

to acceptance of that authority by the governing body of the city

 

or village.

 

     (2) A permit issued by a city municipality under the city

 

municipal motor vehicle racing act, of 1981 1981 PA 178, MCL

 

257.1701 to 257.1712, shall be considered to be a permit issued for

 

all purposes under this act regarding any highway located within

 

the limits of the city. municipality.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6377(request no.

 

06875'10) of the 95th Legislature is enacted into law.