HOUSE BILL No. 4974

May 20, 2009, Introduced by Reps. Sheltrown, Moore, Polidori and Meadows and referred to the Committee on Transportation.

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 property

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 highways; and to

provide for the receipt and expenditure of funds generated from the

facilities,"

by amending section 2 (MCL 252.52), as amended by 2002 PA 150.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

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

agency having authority to participate in the construction and

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

close, alter, improve, maintain, and provide for the public use of

limited access highways, subject to section 1(i) of 1925 PA 352,

MCL 213.171.

(2) The state transportation department shall allow only the

installation of vending machines at selected sites on the limited

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

that the state transportation department determines appropriate.

The state transportation department shall allow only the

installation of vending machines at selected travel information

centers. Following a 2-year trial period the state transportation

department shall use its discretion with the advice of the

commission for the blind to allow only vending machines at other

locations on the limited access highway system. The vending

machines shall be operated solely by the commission for the blind,

which is designated as the state licensing agency under ~~section~~

~~2(a)(5) of chapter 638, 49 Stat. 1559,~~ 20 ~~U.S.C.~~ USC 107a. Except

as otherwise provided in this section, no other commercial

enterprise shall be authorized or conducted within or on property

acquired for or designated as a limited access highway. The

commission for the blind shall require evidence of liability

insurance and monitor compliance as it pertains to only vending

machines in the designated areas, holding harmless the state

transportation department.

(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

facilities 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 facilities

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

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

export and consumption outside the United States to the extent that

the use is not restricted by federal law.

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

brokering facilities on state owned property available for that use

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

international bridge in Sault Ste. Marie.

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

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

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

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

created under section 7 of 1954 PA 99, MCL 254.227, if attributable

to the international bridge site.

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

located at rest areas or welcome centers to distribute, either

directly or through electronic technologies, free travel related

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

distribution is approved by the state transportation department.

(8) The state transportation department may enter into

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

revenue from which shall be deposited in the state trunk line fund.

(9) The state transportation department may enter into

agreements to authorize the use of property acquired for or

designated as a limited access highway or acquired for or

designated for ancillary purposes for the installation, operation,

and maintenance of commercial or noncommercial electronic devices

and related structures so long as the electronic devices and

related structures are intended to assist in providing travel

related information to motorists who subscribe to travel related

information services, the public, or the state transportation

department. All revenue generated by the agreements shall be

deposited in the state trunk line fund. The state transportation

department may accept facilities or in-kind services to be used for

public purposes in lieu of, or in addition to, monetary

compensation.

(10) 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 shall not disapprove the use of

logo signage within the right-of-way of limited access highways

because the logo signage is attraction logo signage. For purposes

of this subsection, "attraction logo signage" means signage

indicating services that have regional significance and adequate

parking accommodations and that have the primary purpose of

providing amusement, historical, cultural, or leisure activities to

the public. 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.

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

emergency care, the state transportation department shall place and

maintain signs on all limited access highways that indicate exits

that are within 2 miles of that hospital. The signs shall indicate

the name of the hospital or the name of the nonprofit corporation

that owns or operates the hospital and the exit number of the exit

that is within the 2 miles of the hospital. At least 1 sign shall

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

hospital that provides 24-hour emergency care. The cost of placing

and maintaining the sign shall be paid by the hospital requesting

the signs. The state transportation department shall adopt

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

placement of the signs authorized under this subsection. The state

transportation department shall not remove signs on limited access

highways that exist on the effective date of the amendatory act

that added this subsection and that indicate exits within 10 miles

of a hospital that provides 24-hour emergency care but that do not

otherwise satisfy the requirements of this subsection. As used in

this subsection, "hospital" means a health facility that is