SB-0735, As Passed House, December 9, 2004

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 735

                                                                             A bill to amend 1996 PA 299, entitled                                             

"An act to regulate tourist-oriented directional signs on certain           

rural roads; and to impose certain duties upon the state                    

transportation department,"                                                 

by amending sections 1 and 3 (MCL 247.401 and 247.403).                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 1.  As used in this act:                                               

2       (a) "Department" means the state transportation department.                 

3       (b) "Eligible attraction" means a tourist-oriented activity                 

4   that is all of the following:                                               

5                                                                                (i) Within 10 miles of the rural road for which a                                   

6   tourist-oriented directional sign is sought, unless otherwise               

7   restricted or permitted by the department.                                  

8       (ii) Not visible from the rural road for which a                             

9   tourist-oriented directional sign is sought.                                

10      (iii) In compliance with section 131 of title 23 of the                      

1   United States Code, 23  U.S.C. USC 131, and the national                   

2   standards, criteria, and rules established under that act, if the           

3   activity is advertised by rural road signs.                                 

4       (c) "Rural road" means a highway as that term is defined in                 

5   section 20 of the Michigan vehicle code,  Act No. 300 of the                

6   Public Acts of 1949, being section 257.20 of the Michigan                   

7   Compiled Laws 1949 PA 300, MCL 257.20, but does not include                

8   any either of the following:                                              

9   (i) A road or street within the boundaries of an                                    

10  incorporated city or village.

11  (ii) A limited access highway as that term is defined in                     

12  section 26 of  Act No. 300 of the Public Acts of 1949, being                

13  section 257.26 of the Michigan Compiled Laws.

14  (i) A freeway as that term is defined in section 18a of the                         

15  Michigan vehicle code, 1949 PA 300, MCL 257.18a.

16  (ii)  (iii)  A road that is part of the national system of                     

17  interstate and defense highways.                                            

18      (d) "Tourist-oriented activity" means a lawful cultural,                    

19  historical, recreational, educational, or commercial activity               

20  that is annually attended by 2,000 or more people and for which a           

21  major portion of the activity's income or visitors are derived              

22  during the normal business season from motorists not residing in            

23  the immediate area of the activity.                                         

24      (e) "Tourist-oriented directional sign" means a sign used to                

25  provide motorists with advanced notice of a tourist-oriented                

26  activity.                                                                   

27      Sec. 3.  (1) The operator of a tourist-oriented activity who                

1   wishes to participate in a directional sign program under this              

2   act shall submit to the department or its designee an application           

3   described in section 2.  If the department or its designee                  

4   determines that an application is complete and that the applicant           

5   has complied with this act, the department or its designee shall            

6   notify the applicant of that determination in writing.  If the              

7   applicant pays the permit fee following receipt of the written              

8   notice described in this subsection, the department or its                  

9   designee shall issue the permit.                                            

10      (2) If the department or its designee determines that an                    

11  application is incomplete or that the applicant has not complied            

12  with this act, the department or its designee shall provide the             

13  applicant with written notice specifying the factual basis of               

14  that determination.  A person aggrieved by a determination under            

15  this act may appeal the determination pursuant to the                       

16  administrative procedures act of 1969,  Act No. 306 of the Public           

17  Acts of 1969, being sections 24.201 to 24.328 of the Michigan               

18  Compiled Laws 1969 PA 306, MCL 24.201 to 24.328.                           

19      (3) The department shall establish the time period for which                

20  a permit issued or renewed under this section is valid.                     

21  Additionally, the department shall establish criteria for the               

22  cancellation of a permit issued or renewed under this section.              

23      (4) The department or its designee shall not issue permits                  

24  that would result in installation of more signs at a single site            

25  than are permitted under this act.  If applications for sign                

26  installation at a single site exceed the number of signs                    

27  permitted for that site, permits shall be issued in accordance              

1   with the program described in section 2.                                    

2       (5) If the eligible attraction for which a permit is in                     

3   effect ceases operation, the owner or operator of that eligible             

4   attraction shall immediately return the permit to the department            

5   or the department's designee for cancellation.                              

6       (6) If the department or its designee has reasonable cause to               

7   believe that an eligible attraction for which a permit is in                

8   effect has ceased operation, the director of the department shall           

9   issue an order canceling the permit and provide the holder of               

10  that permit with a copy of the order.  If the order is not                  

11  appealed in a timely manner, or if the order is appealed and the            

12  cancellation is affirmed, the director shall order the removal of           

13  the sign or signs governed by the canceled permit.                          

14  (7) In addition to the other requirements of this section,                  

15  the operator of a tourist-oriented activity who wishes to                   

16  participate in a directional sign program under this act and is             

17  applying for a sign that would reside within the boundaries of an           

18  incorporated city or village shall have the application approved            

19  by the incorporated city or village if the incorporated city or             

20  village has adopted an ordinance that allows tourist-oriented               

21  directional signs within the jurisdictional boundaries of the               

22  incorporated city or village.  If the incorporated city or                  

23  village has not adopted an ordinance that allows tourist-oriented           

24  directional signs, then a tourist-oriented directional sign shall           

25  not be posted within the jurisdictional limits of the                       

26  incorporated city or village.  If the incorporated city or                  

27  village has adopted an ordinance allowing tourist-oriented                  

1   directional signs, the incorporated city or village may reject              

2   any application for tourist-oriented directional signs within the           

3   jurisdictional limits of the incorporated city or village.