HIGHWAY ADVERTISING ACT S.B. 964 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 964 (Substitute S-1 as reported)
Sponsor: Senator Tom Casperson
CONTENT
The bill would amend the Highway Advertising Act to do the following:
-- Delete provisions under which digital billboards erected before January 30, 2014, must be issued a permit and are exempt from a prohibition against a sign being closer than 1,750 feet to another sign using a digital billboard permit.
-- Extend the time period, from January 30, 2014, through the bill's effective date, during which certain owners' first eight nonstandard signs for which they applied for a digital billboard permit did not require the surrender of three interim permits, and impose certain sign location requirements on those sign owners.
-- Require the Michigan Department of Transportation (MDOT) to return or credit any interim permits surrendered by those sign owners or permit holders for a nonstandard sign.
-- Require MDOT to rescind approval for a location or cancel a digital billboard permit if the sign or digital billboard were not erected within 12 months after the date the approval was granted or the digital billboard permit was issued, and allow MDOT to extend approval for a location for an additional 12 months under certain circumstances.
-- Allow a permit holder to submit a new application for a permit after receiving a notice stating a permit was canceled if the permit holder surrendered an interim permit or if the sign met specific criteria.
-- Specify that if a renewal fee is not paid by the expiration date of the permit, the renewal fee would increase by an additional $50 for that year only.
-- Create an increasing daily fine for a person who erected and maintained a sign without a valid permit issued under the Act.
-- Delete a provision under which an interim permit remains in effect without expiration with fees renewed on an annual basis.
-- Require a permit holder for a sign located in an area adjacent to a limited access freeway that was closed for more than 120 days to apply for relocation of the sign.
-- Require a sign relocated from a limited access freeway that was closed for 120 days to be restored to its original location after the freeway was reopened within 60 days after being notified by MDOT of the reopening.
-- Prohibit MDOT from charging a renewal fee for a sign located on a limited access highway that was subject to a full closure for more than 120 days, if the renewal occurred during the closure period.
-- Allow an increase in height of a nonstandard sign located in a city with a population of more than 600,000 that was permitted on or before March 23, 1999, and that was permitted by a local jurisdiction for a height of at least 60 feet.
-- Require MDOT to mail a sign owner and permit owner a notice that the sign or its supporting structure violated the Act and was subject to removal.
-- Revise definitions of terms used throughout the Act.
The bill would repeal Sections 18b and 18c of the Act. (Section 18b allowed MDOT to enter into a voluntary agreement as proposed by the Michigan Billboard Advisory Council, or MDOT, if the Council no longer exists, and approved by the State Transportation Commission with the Federal Highway Administration for a pilot program to address concerns and issues related to outdoor advertising control. Section 18c created the Michigan Billboard Advisory Council within MDOT for the purpose of advising MDOT and the Commission regarding voluntary agreements, lighting, and other general policy for the effective control of outdoor advertising.)
MCL 252.302 et al. Legislative Analyst: Drew Krogulecki
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 9-12-18 Fiscal Analyst: Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.