Act No. 46

Public Acts of 1999

Approved by the Governor

June 14, 1999

Filed with the Secretary of State

June 15, 1999

EFFECTIVE DATE: June 15, 1999

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 1999

Introduced by Reps. Garcia, Vander Roest, Rick Johnson, Vear, Bishop, Ehardt, Shackleton, Julian, Schermesser, Patterson, Tabor, Jelinek, Mortimer, LaSata, Jellema, Ruth Johnson, Reeves, Jamnick, Middaugh, Gilbert, Lockwood, Mans, Hart, Kukuk, DeVuyst, Geiger, Bovin, Lemmons and Scranton

Reps. Allen, Baird, Basham, Birkholz, Bradstreet, Cameron Brown, Byl, Cassis, Caul, DeRossett, DeWeese, Faunce, Frank, Garza, Gosselin, Hager, Hardman, Howell, Jacobs, Kelly, Kilpatrick, Koetje, Kowall, Kuipers, Law, Neumann, O'Neil, Pappageorge, Pestka, Raczkowski, Rocca, Scott, Shulman, Switalski, Toy, Van Woerkom, Vaughn, Voorhees and Woodward named co-sponsors

ENROLLED HOUSE BILL No. 4605

AN ACT to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 676a (MCL 257.676a), as amended by 1998 PA 224.

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. 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.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4606 of the 90th Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.