Bill Text: MI HB5580 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Advertising; billboards; moratorium on construction of new digital billboards, and conversion of existing billboards to digital; establish. Amends secs. 7a, 16 & 18 of 1972 PA 106 (MCL 252.307a et seq.).

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2010-09-23 - Postponed For The Day [HB5580 Detail]

Download: Michigan-2009-HB5580-Introduced.html

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HOUSE BILL No. 5580

 

November 5, 2009, Introduced by Reps. Warren, Smith, Scripps, Robert Jones, Kennedy, Bauer, Roberts, McDowell, Valentine, Polidori and Constan and referred to the Committee on Great Lakes and Environment.

 

     A bill to amend 1972 PA 106, entitled

 

"Highway advertising act of 1972,"

 

by amending sections 7a, 16, and 18 (MCL 252.307a, 252.316, and

 

252.318), section 7a as added by 2006 PA 447 and sections 16 and 18

 

as amended by 2006 PA 448.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7a. (1) Except as otherwise provided in this section, the

 

department shall not issue annual permits for new signs on or after

 

January 1, 2007.

 

     (2) Permits issued by the department before the effective date

 

of the amendatory act that added this section January 1, 2007

 

remain in force and valid.

 

     (3) On and after January 1, 2007, the department shall issue

 

an interim permit or permits to a holder of a valid permit or

 

permits if all of the following conditions are met:

 

     (a) The holder of the valid permit or permits is otherwise in

 

compliance with this act.

 

     (b) The holder of the permit or permits surrenders the permit

 

or permits to the department upon the removal of a sign structure

 

or sign structures that have a valid permit under this act.

 

     (c) The holder of the permit or permits verifies the removal

 

of the sign structure or sign structures in writing to the

 

department.

 

     (d) The department verifies that the sign structure or

 

structures have been removed or the removal has been deemed

 

effective under this section.

 

     (e) If a permit holder has a valid annual permit or permits

 

for a site or sites where no sign structure exists or no

 

construction has begun to build a sign structure on January 1,

 

2007, the permit holder may exchange the permit or permits for an

 

interim permit under this section or begin construction under the

 

valid permit or permits no later than 1 year after January 1, 2007.

 

The number of permits that can be received in an exchange shall be

 

determined under subsection (4).

 

     (3) An interim permit that is issued under this section shall

 

only be utilized for the construction of a new sign structure and

 

shall remain in effect without expiration with fees renewed on an

 

annual basis.

 

     (4) Subject to subsections (2) and (8), a permit holder who is

 

exchanging a permit or permits under subsection (2)(e) shall be

 

issued 1 interim permit for each of the first 3 permits

 

surrendered. For each permit surrendered under subsection (2)(e)

 

after the first 3 permits surrendered, a permit holder under

 

subsection (2)(e) shall receive 1 interim permit for each 3 permits

 

surrendered. A permit holder shall have 1 year from January 1, 2007

 

to exchange permits pursuant to subsection (2)(e) and this

 

subsection. A permit that is not exchanged pursuant to subsection

 

(2)(e) and this subsection cannot be exchanged and shall expire no

 

later than 1 year after January 1, 2007.

 

     (4) (5) The department shall verify that an existing sign

 

structure has been removed no later than 30 days after the

 

department receives written notice from the permit holder that the

 

sign structure has been removed. If the department does not respond

 

to the written notice within 30 days after receipt of the written

 

notice, then the permit holder shall be deemed to have removed the

 

sign structure in compliance with this section.

 

     (5) (6) A holder of 2 valid permits for a sign structure with

 

2 faces who complies with this section shall receive 2 interim

 

permits for the construction of a sign structure with 2 faces. A

 

permit holder under this subsection shall not receive 2 interim

 

permits to construct 2 single-face sign structures.

 

     (6) (7) A holder of a valid permit for a sign structure with a

 

single face is entitled to exchange that permit under this section

 

for an interim permit with a single face. A holder of valid permits

 

for 2 different single-face structures may exchange the 2 permits

 

under this section for 2 interim permits to construct 2 single-face

 

sign structures or 2 interim permits to construct 1 sign structure

 

with 2 faces.

 

     (7) (8) A holder of more than 2 valid permits for a sign

 

structure with more than 2 faces may exchange the permits under

 

this section for a maximum of 2 interim permits. The 2 interim

 

permits received under this section shall only be used to construct

 

1 sign structure with no more than 2 faces.

 

     (8) (9) After construction of a sign structure under an

 

interim permit is complete, the department shall issue renewable

 

permits annually for the completed sign structure.

 

     (9) (10) If a permit holder for a sign structure that exists

 

on January 1, 2007 requires additional permits for any reason, the

 

department may issue a valid renewable permit renewable on an

 

annual basis without complying with subsection (2) even if the

 

permit holder has more than 2 valid permits as a result.

 

     (10) Beginning on the effective date of the amendatory act

 

that added this subsection and continuing until January 1, 2012, no

 

new or interim permits shall be issued for or existing signs

 

converted to signs containing changing illumination or signs that

 

involve motion or rotation of any part of the structure, running

 

animation or displays, or flashing or moving lights.

 

     Sec. 16. (1) A sign that is subject to this act may be

 

illuminated so as to allow the sign to be seen and read but the

 

illumination shall be employed in a manner that prevents beams or

 

rays of light from being directed at any portion of the main-

 

traveled way of the highway in a manner that interferes with safe

 

driving.

 

     (2) A sign containing changing illumination shall not be

 

erected in any area. except in an incorporated city or village over

 

35,000 in population where the department determines it is

 

consistent with customary usage in the area. A sign permitted under

 

section 18(f) is not a sign containing changing illumination. After

 

January 1, 2012, the department may determine that signs in an

 

incorporated city or village over 35,000 in population that contain

 

changing illumination or that signs permitted under section 18(f)

 

before the effective date of the amendatory act that amended this

 

subsection shall not be prohibited under this section or section

 

18.

 

     (3) A sign shall not be so illuminated that it obscures or

 

interferes with the effectiveness of an official traffic sign,

 

device, or signal.

 

     (4) All lighting shall be subject to any other provisions

 

relating to lighting of signs presently applicable to all highways

 

under the jurisdiction of the state.

 

     Sec. 18. The following signs or sign structures are

 

prohibited:

 

     (a) Those which purport to regulate, warn, or direct the

 

movement of traffic or which interfere with, imitate, or resemble

 

any official traffic sign, signal, or device.

 

     (b) Those which are not adequately maintained and in a good

 

state of repair.

 

     (c) Those which are erected or maintained upon trees or

 

painted or drawn upon rocks or other natural resources.

 

     (d) Those which prevent the driver of a motor vehicle from

 

having a clear and unobstructed view of approaching, intersecting,

 

or merging traffic.

 

     (e) Those which are abandoned.

 

     (f) Those that involve motion or rotation of any part of the

 

structure, running animation or displays, or flashing or moving

 

lights. This After January 1, 2012, this subdivision does not apply

 

to a sign or sign structure with static messages or images that

 

change if the rate of change between 2 static messages or images

 

does not exceed more than 1 change per 6 seconds, each change is

 

complete in 1 second or less, and the maximum daylight sign

 

luminance level does not exceed 62,000 candelas per meter squared

 

at 40,000 lux illumination beginning 1/2 hour after sunrise and

 

continuing until 1/2 hour before sunset and does not exceed 375

 

candelas per meter squared at 4 lux illumination at all other times

 

if the department concludes that these sign structures are allowed.

 

In addition to the above requirements, signs that may be exempted

 

under this subdivision shall be configured to default to a static

 

display in the event of mechanical failure.

 

     (g) Signs found to be in violation of subdivision (f) shall be

 

brought into compliance by the permit holder or its agent no later

 

than 24 hours after receipt by the permit holder or its agent of an

 

official written notice from the department. Failure to comply with

 

this subdivision within this specified time frame shall result in a

 

$100.00 penalty being assessed to the sign owner for each day the

 

sign remains out of compliance. The first repeat violation of

 

subdivision (f), for a specific sign, shall also be brought into

 

compliance by the permit holder or its agent within 24 hours after

 

receipt of an official written notice from the department. Failure

 

to comply with the official written notice within the 24-hour

 

period for the first repeat violation subjects the sign owner to a

 

$1,000.00 penalty for each day the sign remains out of compliance.

 

These penalties are required to be submitted to the department

 

before the sign's permit is renewed under section 6. Second repeat

 

violations of subdivision (f), for a specific sign, shall result in

 

permanent removal of the variable message display device from that

 

sign by the department or the sign owner.