HOUSE BILL No. 4836

 

June 30, 2011, Introduced by Reps. Shaughnessy, Glardon, Rendon, Johnson, Daley, Hughes, Kurtz, Nesbitt, Lori, Lyons, Zorn, Brunner, Horn, Wayne Schmidt, Goike and Oakes and referred to the Committee on Transportation.

 

     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 section 1 (MCL 247.401), as amended by 2004 PA 528, and

 

by adding section 2a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

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

 

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

 

that is all of the following:

 

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

 

oriented directional sign is sought, unless otherwise restricted or

 

permitted by the department.

 

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

 

oriented directional sign is sought.


 

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

 

States Code, 23 USC 131, and the national standards, criteria, and

 

rules established under that act, if the activity is advertised by

 

rural road signs.

 

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

 

section 20 of the Michigan vehicle code, 1949 PA 300, MCL 257.20,

 

but does not include either of the following:

 

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

 

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

 

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

 

and defense highways.

 

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

 

historical, recreational, educational, or commercial activity that

 

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

 

portion of the activity's income or visitors are is derived during

 

the normal business season from motorists not residing in the

 

immediate area of the activity. Tourist-oriented activity includes

 

a farm market and a farmers market as defined in section 2a.

 

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

 

provide motorists with advanced advance notice of a tourist-

 

oriented activity.

 

     Sec. 2a. (1) The department shall allow the categories of farm

 

markets and farmers markets in the tourist-oriented directional

 

sign program authorized under section 2 and shall establish

 

qualification criteria for facilities, activities, and locations

 

designated as farm markets or farmers markets not in conflict with

 

this section.


 

     (2) As used in this section:

 

     (a) "Agricultural product" means an agricultural commodity or

 

product, whether raw or processed, including a commodity or product

 

derived from livestock that is marketed for human or livestock use

 

or consumption.

 

     (b) "Crop" means a plant or part of a plant marketed or

 

intended to be marketed as an agricultural product or fed or

 

intended to be fed to livestock.

 

     (c) "Farm market" means a location, whether or not enclosed in

 

a temporary or permanent structure, where agricultural products are

 

sold to consumers. All of the following apply to a farm market:

 

     (i) It is part of a farm operation.

 

     (ii) Not less than 50% of the products offered for sale are

 

produced on and by the affiliated farm. This calculation may be an

 

average over not more than 5 seasons.

 

     (iii) It may sell agricultural products in their natural state

 

or in a value-added form for direct customer sales as otherwise

 

provided by law.

 

     (iv) It may operate seasonally or year-round.

 

     (v) It may include marketing activities and services to

 

attract and entertain customers, unless otherwise prohibited by

 

law.

 

     (d) "Farmers market" means a farmers market established under

 

2009 PA 158, MCL 46.191 to 46.193.

 

     (e) "Value-added" means the enhancement or improvement of the

 

overall value of an agricultural commodity or of an animal or plant

 

product into a product of higher value. An enhancement or


 

improvement includes, but is not limited to, marketing,

 

agricultural processing, transforming, or packaging.