HOUSE BILL NO. 4803

May 06, 2021, Introduced by Reps. Bellino, Ellison, LaGrand, Hertel, Garza, Steckloff, Rabhi, Damoose, Kuppa and Schroeder and referred to the Committee on Energy.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 676a (MCL 257.676a), as amended by 2005 PA 1.

the people of the state of michigan enact:

Sec. 676a. (1) Except as otherwise provided in this section, a person, firm, or corporation who that 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) The state transportation department may issue a permit to a person, firm, or corporation to conduct activities described in subsection (1) if the permitted activities do not create an unsafe situation and do not interfere with transportation along the state trunk line highway. As a condition of issuing Except as otherwise provided in subsection (7), to issue a permit under this subsection, the state transportation department shall require the municipality having jurisdiction over the site to pass a resolution authorizing the activities described in subsection (1) and may require that the municipality having jurisdiction over the site of the permitted activities agree to enforce compliance with the permit. The issuance of a A permit issued under this subsection does not confer any property right. The state transportation department may charge a fee for issuing a permit under this subsection in an amount not greater than the administrative cost of issuing the permit.

(3) A holder of a permit issued under subsection (2) that conducts activities in violation of that permit is responsible for a civil infraction. Each day during which the permit holder conducts activities in violation of the permit is a separate violation. The state transportation department may limit or revoke a permit issued under subsection (2) if the permit holder conducts activities that create an unsafe situation or interfere with transportation along the state trunk line highway, or if the permit holder is in violation of the conditions of the permit.

(4) 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.

(5) In conjunction with the exemption granted by federal law from the restrictions contained in under 23 USC 111, and as described in the "manual "Manual on uniform traffic control devices Uniform Traffic Control Devices for streets Streets and highways", Highways", U.S. department Department of transportation Transportation and federal highway administration, 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 that are for export and consumption outside the United States.

(6) 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 must be deposited into the state trunk line fund established under section 11 of 1951 PA 51, MCL 247.661. As used in 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.

(7) This section does not prohibit the state transportation department from installing, operating, and maintaining or issuing a permit under subsection (2) allowing the installation, operation, and maintenance of charging stations for electric vehicles on limited access highway rest areas or travel information centers. The state transportation department shall identify selected sites and shall not require the municipality having jurisdiction over the site to pass a resolution authorizing the activities described in subsection (1) or require that the municipality having jurisdiction over the site of the permitted activities agree to enforce compliance with the permit. Revenue received by the state transportation department under this subsection must be deposited into the state trunk line fund established under section 11 of 1951 PA 51, MCL 247.661.