SB-0266, As Passed Senate, August 19, 2009

SUBSTITUTE FOR

SENATE BILL NO. 266

     A bill to amend 1972 PA 106, entitled

"Highway advertising act of 1972,"

by amending section 18a (MCL 252.318a), as amended by 2006 PA 448.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 18a. (1) Notwithstanding any other provision of this act,

beginning January 1, 2000, all billboards within this state are

subject to this act and shall not advertise the purchase or

consumption of tobacco products.

     (2) Beginning January 1, 2011, any billboard within this state

that advertises a sexually oriented business shall display only

words or numbers and may display the business's trademark if the

trademark has been registered under the Lanham act, 15 USC 1051 to

1141n, or under 1969 PA 242, MCL 429.31 to 429.46. The words on a

billboard shall not describe or relate to a specified sexual

activity or specified anatomical area. As used in this subsection:

     (a) "Sexually oriented business" includes, but is not limited

to, an adult bookstore, adult video store, adult cabaret, adult

motion picture theater, sexual device shop, sexual encounter

center, or an establishment that regularly features live

performances characterized by the exposure of a specific anatomical

area or by a specific sexual activity or in which persons appear in

a state of nudity or seminudity in the performance of their duties.

However, sexually oriented business does not include a business

solely because it shows, sells, or rents materials that may depict

sex.

     (b) "Specified anatomical area" means less than completely and

opaquely covered human genitals, pubic region, buttocks, or female

breasts below a point immediately above the top of the areola; or

human male genitals in a discernibly turgid state, even if covered.

     (c) "Specified sexual activity" means the fondling or other

erotic touching of covered or uncovered human genitals, pubic

region, buttocks, or female breast.

     (d) "Seminudity" means a state of dress in which opaque

clothing fails to cover the genitals, anus, anal cleft or cleavage,

pubic area, vulva, or nipple and areola of the female breast.

(3) (2) Notwithstanding any other provision of this act, a

person who violates this section is responsible for a civil fine of

not less than $5,000.00 or more than $10,000.00 for each day of

violation. A civil fine collected under this section shall be

distributed to public libraries as provided under 1964 PA 59, MCL

397.31 to 397.40.