SENATE BILL No. 1224

April 11, 2002, Introduced by Senator GOUGEON and referred to the Committee on

Transportation and Tourism.

A bill to amend 1941 PA 205, entitled

"An act to provide for the construction, establishment, opening,

use, discontinuing, vacating, closing, altering, improvement, and

maintenance of limited access highways and facilities ancillary

to those highways; to permit the acquiring of property and prop-

erty rights and the closing or other treatment of intersecting

roads for these purposes; to provide for the borrowing of money

and for the issuing of bonds or notes payable from special funds

for the acquisition, construction or improvement of such high-

ways; and to provide for the receipt and expenditure of funds

generated from the facilities,"

by amending section 2 (MCL 252.52), as amended by 2001 PA 47.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. (1) The state transportation department, a board of

2 county road commissioners, or a city or village, acting alone or

3 in cooperation with each other or with a federal, state, or local

4 agency having authority to participate in the construction and

5 maintenance of highways, may establish, open, discontinue,

6 vacate, close, alter, improve, maintain, and provide for the

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1 public use of limited access highways, subject to section 1(i) of

2 1925 PA 352, MCL 213.171.

3 (2) The state transportation department shall allow only the

4 installation of vending machines at selected sites on the limited

5 access highway system to dispense food, drink, and other articles

6 that the state transportation department determines appropriate.

7 The state transportation department shall allow only the instal-

8 lation of vending machines at selected travel information

9 centers. Following a 2-year trial period the state transporta-

10 tion department shall use its discretion with the advice of the

11 commission for the blind to allow only vending machines at other

12 locations on the limited access highway system. The vending

13 machines shall be operated solely by the commission for the

14 blind, which is designated as the state licensing agency under

15 section 2(a)(5) of chapter 638, 49 Stat. 1559, 20 U.S.C. 107a.

16 Except as otherwise provided in this section, no other commercial

17 enterprise shall be authorized or conducted within or on property

18 acquired for or designated as a limited access highway. The com-

19 mission for the blind shall require evidence of liability insur-

20 ance and monitor compliance as it pertains to only vending

21 machines in the designated areas, holding harmless the state

22 transportation department.

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

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

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

26 on uniform traffic control devices for streets and highways",

27 U.S. department of transportation and federal highway

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1 administration, part 2g (LOGOS), this section does not prohibit

2 the use of facilities located in part on the right-of-way of I-94

3 in the vicinity of the interchange of I-94 and I-69 business

4 loop/I-94 business loop for the sale of only those articles which

5 are for export and consumption outside the United States.

6 (4) This section does not prohibit the use of facilities

7 located in the vicinity of the international bridge in the city

8 of Sault Ste. Marie for the sale of only those articles which are

9 for export and consumption outside the United States to the

10 extent that the use is not restricted by federal law.

11 (5) This section does not prohibit the operation of customs

12 brokering facilities on state owned property available for that

13 use at the sites of the blue water bridge in Port Huron and the

14 international bridge in Sault Ste. Marie.

15 (6) The state transportation department may enter into a

16 lease for facilities described in subsection (3), (4), or (5),

17 the revenue from which shall be deposited in the state trunk line

18 fund if attributable to the blue water bridge site or in the fund

19 created under section 7 of 1954 PA 99, MCL 254.227, if attribut-

20 able to the international bridge site.

21 (7) This section does not prohibit the use of facilities

22 located at rest areas or welcome centers to distribute, either

23 directly or through electronic technologies, free travel related

24 information or assistance, or both, to the traveling public if

25 the distribution is approved by the state transportation

26 department.

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1 (8) The state transportation department may enter into

2 agreements for the activities described in subsection (7), the

3 revenue from which shall be deposited in the state trunk line

4 fund.

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

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

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

8 trademark or other symbol that identifies a business in a manner

9 and at locations approved by the state transportation

10 department. The state transportation department may enter into

11 agreements to allow logo signage, and any revenue received by the

12 state transportation department under this subsection shall be

13 deposited into the state trunk line fund established under sec-

14 tion 11 of 1951 PA 51, MCL 247.661.

15 (10) At the request of a hospital that provides 24-hour

16 emergency care, OR A HEALTH CENTER, the state transportation

17 department shall place and maintain signs on all limited access

18 highways that indicate exits that are within 2 miles of that

19 THE hospital OR THE HEALTH CENTER. The signs shall indicate the

20 name of the hospital, THE NAME OF THE HEALTH CENTER, or the name

21 of the nonprofit corporation that owns or operates the hospital

22 OR HEALTH CENTER, and the exit number of the exit that is within

23 the 2 miles of the hospital OR HEALTH CENTER. At least 1 sign

24 shall be placed for each exit that is within 2 miles of a

25 requesting hospital that provides 24-hour emergency care OR A

26 REQUESTING HEALTH CENTER. The cost of placing and maintaining

27 the sign shall be paid by the hospital OR HEALTH CENTER

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1 requesting the signs. The state transportation department shall

2 adopt guidelines specifying the size, shape, design, number, and

3 placement of the signs authorized under this subsection. The

4 state transportation department shall not remove signs on limited

5 access highways that exist EXISTED on the effective date of

6 the amendatory act that added this subsection JULY 23, 2001 and

7 that indicate exits within 10 miles of a hospital that provides

8 24-hour emergency care but that do not otherwise satisfy the

9 requirements of this subsection. As used in this subsection: ,

10 "hospital"

11 (A) "HEALTH CENTER" MEANS A HEALTH CENTER AS DEFINED UNDER

12 SECTION 330 OF SUBPART I OF PART D OF TITLE III OF THE PUBLIC

13 HEALTH SERVICE ACT, 42 U.S.C. 254b.

14 (B) "HOSPITAL" means a health facility that is licensed

15 under part 215 of the public health code, 1978 PA 368,

16 MCL 333.21501 to 333.21568.

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