HOUSE BILL No. 4424

 

March 1, 2005, Introduced by Reps. Espinoza, Sak, Wojno, Condino, Bieda, Gleason, Kehrl, Tobocman, Alma Smith and Plakas and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 676a (MCL 257.676a), as amended by 1999 PA 46.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 676a. (1) Except as otherwise provided in this section, a

 

person, firm, or corporation who sells or offers for sale, or

 

displays or attempts to display for sale, goods, wares, produce,

 

fruit, vegetables, or merchandise within the right-of-way of a

 

highway outside of the corporate limits of a city or village  , or

 

within the right-of-way of a state trunk line highway, is

 

responsible for a civil infraction.

 

     (2) This section does not interfere with a permanently

 

established business that, as of September 27, 1957, was located on

 

or partially on private property or grant to the owner of that


 

business additional rights or authority that the owner did not

 

possess on September 27, 1957, or diminish the legal rights or

 

duties of the authority having jurisdiction of the right-of-way.

 

     (3) In conjunction with the exemption granted by federal law

 

from the restrictions contained in section 111 of title 23 of the

 

United States Code, 23 U.S.C. USC 111, and described in the "manual

 

on uniform traffic control devices for streets and highways", U.S.

 

department of transportation and federal highway administration,

 

part 2g (LOGOS), this section does not prohibit the use of a

 

facility located in part on the right-of-way of I-94 in the

 

vicinity of the interchange of I-94 and I-69 business loop/I-94

 

business loop for the sale of only those articles which are for

 

export and consumption outside the United States.

 

     (4)  This section does not prohibit the use of logo signage

 

within the right-of-way of limited access highways. For purposes of

 

this subsection, "logo signage" means a sign containing the

 

trademark or other symbol that identifies a business in a manner

 

and at locations approved by the state transportation department.

 

The state transportation department may enter into agreements to

 

allow logo signage, and any revenue received by the state

 

transportation department under this subsection shall be deposited

 

into the state trunk line fund established under section 11 of 1951

 

PA 51, MCL 247.661.