Bill Text: MI HB5072 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Highways; name; designation of Michigan heritage routes; change to Pure Michigan byways. Amends title & secs. 1, 2, 4, 6, 7 & 8 of 1993 PA 69 (MCL 247.951 et seq.); adds sec. 7a & repeals sec. 5 of 1993 PA 69 (MCL 247.955).
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2014-12-31 - Assigned Pa 445'14 With Immediate Effect 2014 Addenda [HB5072 Detail]
Download: Michigan-2013-HB5072-Chaptered.html
Act No. 445
Public Acts of 2014
Approved by the Governor
December 27, 2014
Filed with the Secretary of State
December 30, 2014
EFFECTIVE DATE: December 30, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Pettalia, Shirkey, Farrington, Foster, Lori, Poleski, MacMaster, Kelly, Franz and Schmidt
ENROLLED HOUSE BILL No. 5072
AN ACT to amend 1993 PA 69, entitled “An act to designate certain highways within this state as Michigan heritage routes; to provide procedures for additions, deletions, or changes to these routes; and to prescribe the powers and duties of certain state agencies,” by amending the title and sections 1, 2, 4, 6, 7, and 8 (MCL 247.951, 247.952, 247.954, 247.956, 247.957, and 247.958) and by adding section 7a; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
TITLE
An act to designate certain highways within this state as Pure Michigan byways; to provide procedures for additions, deletions, or changes to Pure Michigan byways; and to prescribe the powers and duties of certain state agencies.
Sec. 1. As used in this act:
(a) “Commission” means the state transportation commission.
(b) “Department” means the state transportation department.
(c) “Historic” means buildings, structures, interpreted sites, objects, or historic districts that are significant to the history, archaeology, architecture, engineering, or culture of this state.
(d) “Pure Michigan byway” means a state highway that is designated in the manner provided in this act as a scenic, recreational, or historic route that is representative of Michigan’s natural and cultural heritage.
(e) “Recreational” means facilities normally associated with leisure-time activities, including, but not limited to, parks, public access sites, wildlife refuges, forest areas, marinas, swimming areas, hiking trails, and sightseeing areas.
(f) “Scenic” means an area of outstanding natural beauty whose features include, but are not limited to, significant natural features such as vegetation, land form, water, and open areas with exceptional vistas and views, that singly or in combination make that area unique and distinct in character.
(g) “State trunk line highway system” means the system described in section 1 of 1951 PA 51, MCL 247.651.
Sec. 2. It is the intent of the legislature to establish this state’s responsibility for the enhancement and enjoyment of Michigan’s scenic, recreational, and historic resources along its roadside by identifying and designating certain portions of the state trunk line highway system as Pure Michigan byways. It is further the intent of the legislature in designating Pure Michigan byways to assign responsibility for the development of the byways and for the establishment and application of specific planning and design criteria and procedures appropriate to the byways. The legislature further intends to provide criteria for the location and length of Pure Michigan byways and adjacent areas requiring continuing and careful coordination of planning, design, construction, maintenance, land use, and development, by state and local agencies as appropriate, to encourage adjacent land use consistent with the intent of the designation.
Sec. 4. In establishing Pure Michigan byways, the department shall consider the concept of the complete highway, which is a highway incorporating not only safety, utility, and economy but also beauty. The department shall also consider that in a complete highway pleasing appearance is a consideration in the planning and design process. The department may designate portions of a road as a Pure Michigan byway, if the department obtains a trademark license from the Michigan economic development corporation for the use of the words “Pure Michigan”. Local governmental agencies shall take any action necessary to protect the integrity of a designated route as stipulated in the uniform criteria developed for the identification of Pure Michigan byways by the department.
Sec. 6. Planning, design, reconstruction, and maintenance of all designated Pure Michigan byways is governed by the criteria established by this act to ensure that these routes are reasonably safe and fit for travel, while preserving the unique characteristics that qualify them as Pure Michigan byways.
Sec. 7. After a 30-day comment period and an opportunity for a public hearing, the department may make additions, deletions, or changes in the Pure Michigan byway system for 1 or more of the following reasons:
(a) By resolution, the governing body of a county or city requests that a particular named route lying within its jurisdictional boundaries be added to or deleted from the Pure Michigan byway system. The department shall not add a route to the system if the governing body of a county or city adopts a resolution requesting that a route not be added. The department shall remove a route from the system within 1 year after a resolution is adopted by a county or city requesting removal.
(b) The department proposes to add or delete any named route or portion of a route to the Pure Michigan byway system.
(c) The department proposes any action that would result in a change in the scenic, historical, or recreational character of any route on the Pure Michigan byway system that is determined to be substantial by the department.
Sec. 7a. No later than 1 year after the date the amendatory act that added this section is enacted into law, the department shall designate as Pure Michigan byways all routes that are designated as Michigan heritage routes on the date the amendatory act that added this section is enacted into law, if the department obtains a trademark license from the Michigan economic development corporation for the use of the words “Pure Michigan”.
Sec. 8. By December 31 each year, the department shall report to the commission, the governor, and the legislature the following information regarding this act:
(a) Routes designated as Pure Michigan byways during the previous year.
(b) Deletions or other changes made in the Pure Michigan byway system during the previous year.
Enacting section 1. Section 5 of 1993 PA 69, MCL 247.955, is repealed.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
