Bill Text: MI HB4928 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Transportation: school vehicles; school bus stop-arm cameras; allow, and provide civil sanctions for violations. Amends secs. 682, 741, 742, 743, 907, 908 & 909 of 1949 PA 300 (MCL 257.682 et seq.). TIE BAR WITH: HB 4929'23, HB 4930'23
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-06-06 - Referred To Committee Of The Whole With Substitute (s-3) [HB4928 Detail]
Download: Michigan-2023-HB4928-Engrossed.html
Substitute For
HOUSE BILL NO. 4928
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 682, 741, 742, 907, and 909 (MCL 257.682, 257.741, 257.742, 257.907, and 257.909), section 682 as amended by 2021 PA 50, section 741 as amended by 2006 PA 298, section 742 as amended by 2008 PA 171, section 907 as amended by 2023 PA 40, and section 909 as amended by 2000 PA 94.
the people of the state of michigan enact:
Sec. 682. (1) The operator of a vehicle overtaking or meeting a school bus that has stopped and is displaying 2 alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. The operator of a vehicle who that fails to stop for a school bus as required by this subsection, who that passes a school bus in violation of this subsection, or who that fails to stop for a school bus in violation of an ordinance that is substantially similar to this subsection, is responsible for a civil infraction and must be ordered to pay a civil fine of not less than $250.00 and not more than $500.00.
(2) The Except where a crosswalk or pedestrian walkway is present, the operator of a vehicle on a highway that has been divided into 2 roadways by leaving an a raised intervening space, or by a physical barrier, or clearly indicated dividing sections so constructed as to impede vehicular traffic, is not required to stop upon meeting a school bus that has stopped across the dividing raised intervening space, physical barrier, or dividing section.
(3) In a proceeding for a violation of subsection (1), proof that the particular vehicle described in the citation was in violation of subsection (1), together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle, constitutes a rebuttable presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
(4) A Notwithstanding any provision of law to the contrary, if the operator of a vehicle fails to stop for a school bus may be equipped with a stop-arm camera system in accordance with as required under subsection (1), or passes a school bus in violation of subsection (1), or fails to stop for a school bus in violation of an ordinance that is substantially similar to subsection (1), and the school bus is equipped with a stop-arm camera system under section 20 of the pupil transportation act, 1990 PA 187, MCL 257.1820, the photograph captured or video recorded by the stop-arm camera system may be used as evidence in a proceeding for a camera-based violation. A school district that uses a stop-arm camera system shall provide a video photograph captured or photograph video recorded by a stop-arm camera system for use as evidence in a proceeding for a camera-based violation of subsection (1) if requested by an investigating law enforcement agency. A photograph or video recorded by a stop-arm camera system is admissible as evidence in a proceeding for a camera-based violation of subsection (1) to the extent permitted by the rules of evidence of this state. However, a photograph captured or video recorded by a stop-arm camera system, is not required for the prosecution of a violation of subsection (1).
(5) For a camera-based violation, the operator of a vehicle is responsible for a civil infraction and must be ordered to pay a civil fine of not less than $250.00 and not more than $500.00.
(6) For a camera-based violation, by not later than 30 days after receiving stop-arm camera system information as described in section 20 of the pupil transportation act, 1990 PA 187, MCL 257.1820, a law enforcement agency may review that information to determine if there is sufficient evidence that a violation of subsection (1) occurred and, if there is sufficient evidence that a violation occurred, may issue a citation.
(7) For a camera-based violation, if a law enforcement agency determines that it has sufficient evidence that a violation of subsection (1) has occurred, the law enforcement agency may initiate an action by mailing via first-class mail a citation to the operator of the vehicle involved in the violation. The mailing must include all of the following information:
(a) A copy of the captured photograph or selected images from a recorded video showing the vehicle involved in the violation.
(b) If the violation is based on a recorded video, a method to review the recorded video on a website.
(c) The date, time, and location of the alleged violation.
(d) A statement of the facts inferred from the captured photograph or recorded video.
(8) Notwithstanding any provision of law to the contrary, a civil fine for a camera-based violation must be paid to the county treasurer or the county treasurer's designee, who shall distribute the paid civil fines not less than monthly to the school district that operates the school bus.
(9) (5) As used in this section:
(a) "Camera-based violation" means a violation of subsection (1) based solely on a photograph captured or a video recorded by a stop-arm camera system.
(b) (a) "Law enforcement agency" means any of the following:
(i) The department of state police.
(ii) The county sheriff's office.
(iii) The police department of a local unit of government.
(iv) Any other governmental law enforcement agency in this state.
(c) (b) "Local unit of government" means a state university or college or a county, city, village, or township.
(d) (c) "School" "School district" means that term as defined by in section 5 of the pupil transportation act, 1990 PA 187, MCL 257.1805.6 of the revised school code, 1976 PA 451, MCL 380.6, and a public school academy as that term is defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(e) (d) "Stop-arm camera system" means that term as defined by in section 20 5 of the pupil transportation act, 1990 PA 187, MCL 257.1820.257.1805.
Sec. 741. (1) A civil infraction action is a civil action in which the defendant is alleged to be responsible for a civil infraction. A civil infraction action is commenced upon the issuance and service of a citation as provided in section 742. The plaintiff in a civil infraction action shall must be either the this state if the alleged civil infraction is a violation of this act, or a political subdivision if the alleged civil infraction is a violation of a local ordinance of that subdivision which that substantially corresponds to a provision of this act.
(2) The following courts shall have jurisdiction over civil infraction actions:
(a) The district court.
(b) Any municipal court.
(3) The time specified in a citation for appearance shall must be within a reasonable time after the citation is issued pursuant to section 682 or 742.
(4) The place specified in the citation for appearance shall must be the court listed in subsection (2) which that has territorial jurisdiction of the place where the civil infraction occurred. Venue in the district court shall be is governed by section 8312 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.
(5) If the person individual cited is a minor, that individual shall be permitted to may appear in court or to admit responsibility for a civil infraction without the necessity of appointment of a guardian or next friend. The courts listed in subsection (2) shall have jurisdiction over the minor and may proceed in the same manner and in all respects as if that individual were an adult.
Sec. 742. (1) A If a police officer who witnesses a person an individual violating this act or a local ordinance substantially corresponding to this act , which and that violation is a civil infraction, that police officer may stop the person, individual, detain the person individual temporarily for purposes of making a record of vehicle check, and prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a written citation, which shall must be a notice to appear in court for 1 or more civil infractions. If a police officer of a village, city, township, or county, or a police officer who is an authorized agent of a county road commission, witnesses a person an individual violating this act or a local ordinance substantially corresponding to this act within that village, city, township, or county and that violation is a civil infraction, that police officer may pursue, stop, and detain the person individual outside the village, city, township, or county where the violation occurred for the purpose of exercising the authority and performing the duties prescribed in this section and section 749, as applicable.
(2) Any If a police officer , having has reason to believe that the load, weight, height, length, or width of a vehicle or load are in violation of section 717, 719, 719a, 722, 724, 725, or 726 which and that violation is a civil infraction, that police officer may require the driver of the vehicle to stop, and the police officer may investigate, weigh, or measure the vehicle or load. If, after personally investigating, weighing, or measuring the vehicle or load, the police officer determines that the load, weight, height, length, or width of the vehicle or load are in violation of section 717, 719, 719a, 722, 724, 725, or 726, the police officer may temporarily detain the driver of the vehicle for purposes of making a record or vehicle check and issue a citation to the driver or owner of the vehicle as provided in those sections.
(3) A police officer may issue a citation to a person an individual who is a driver of a motor vehicle involved in an accident when, based upon personal investigation, the officer has reasonable cause to believe that the person individual is responsible for a civil infraction in connection with the accident. A police officer may issue a citation to a person an individual who is a driver of a motor vehicle when, based upon personal investigation by the police officer of a complaint by someone who witnessed the person individual violating this act or a local ordinance substantially corresponding to this act , which and that violation is a civil infraction, the officer has reasonable cause to believe that the person individual is responsible for a civil infraction and if the prosecuting attorney or attorney for the political subdivision approves in writing the issuance of the citation.
(4) The form of a citation issued under subsection (1), (2), or (3), or (9) shall be as prescribed in sections 727c and 743.
(5) The officer shall inform the person individual of the alleged civil infraction or infractions and shall deliver the third copy of the citation to the alleged offender.
(6) In a civil infraction action involving the parking or standing of a motor vehicle, a copy of the citation is not required to be served personally upon the defendant but may be served upon the registered owner by attaching the copy to the vehicle. A city may authorize personnel other than a police officer to issue and serve a citation for a violation of its ordinance involving the parking or standing of a motor vehicle. A city may authorize a person other than personnel or a police officer to issue and serve a citation for parking violations described in section 675d if the city has complied with the requirements of section 675d. State security personnel receiving authorization under section 6c of 1935 PA 59, MCL 28.6c, may issue and serve citations for violations involving the parking or standing of vehicles on land owned by the this state or land of which the this state is the lessee when authorized to do so by the director of the department of state police.
(7) If a parking violation notice other than a citation is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by ordinance for the violation are not paid at the parking violations bureau, a citation may be filed with the court described in section 741(4) and a copy of the citation may be served by first-class mail upon the registered owner of the vehicle at the owner's last known address. A parking violation notice may be issued by a police officer, including a limited duty officer, or other personnel duly authorized by the city, village, township, college, or university to issue such a that parking violation notice under its ordinance. The citation filed with the court pursuant to this subsection need not comply in all particulars with sections 727c and 743 but shall must consist of a sworn complaint containing the allegations stated in the parking violation notice and shall must fairly inform the defendant how to respond to the citation.
(8) A citation issued under subsection (6) or (7) for a parking or standing violation shall must be processed in the same manner as a citation issued personally to a defendant under subsection (1) or (3).
(9) A citation may be issued by mail to the registered owner of a vehicle as provided in section 682 for a camera-based violation as defined in section 682.
(10) (9) As used in subsection (7):
(a) "Parking violation notice" means a notice, other than a citation, directing a person to appear at a parking violations bureau in the city, village, or township in which, or of the college or university for which, the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.
(b) "Parking violations bureau" means a parking violations bureau established pursuant to section 8395 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8395, or a comparable parking violations bureau established in a city or village served by a municipal court or established pursuant to law by the governing board of a state university or college.
Sec. 907. (1) A violation of this act, or a local ordinance that substantially corresponds to a provision of this act, that is designated a civil infraction must not be considered a lesser included offense of a criminal offense.
(2) Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments but, unless permission is included in the order or judgment, the civil fine and costs must be payable immediately. Except as otherwise provided, a person found responsible or responsible "with explanation" for a civil infraction must pay costs as provided in subsection (4) and 1 or more of the following civil fines, as applicable:
(a) Except as otherwise provided, for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act, the person shall be ordered to pay a civil fine of not more than $100.00.
(b) If the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, an individual, or any other object, the civil fine ordered under this section is increased by $25.00 but the total civil fine must not be more than $100.00.
(c) For a violation of section 240, the civil fine ordered under this subsection is $15.00.
(d) For a violation of section 312a(4)(a), the civil fine ordered under this section must not be more than $250.00.
(e) For a first violation of section 319f(1), the civil fine ordered under this section must not be less than $2,500.00 or more than $2,750.00; for a second or subsequent violation, the civil fine must not be less than $5,000.00 or more than $5,500.00.
(f) For a violation of section 319g(1)(a), the civil fine ordered under this section must not be more than $10,000.00.
(g) For a violation of section 319g(1)(g), the civil fine ordered under this section must not be less than $2,750.00 or more than $25,000.00.
(h) For a violation of section 602b, the civil fine ordered under this section must be as follows:
(i) For a violation of section 602b(1), either of the following:
(A) If the violation does not involve an accident, $100.00 for a first offense and $250.00 for a second or subsequent offense.
(B) If the violation involves an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.
(ii) For a violation of section 602b(2), either of the following:
(A) If the violation does not involve an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.
(B) If the violation involves an accident, $400.00 for a first offense and $1,000.00 for a second or subsequent offense.
(i) For a violation of section 674(1)(s) or a local ordinance that substantially corresponds to section 674(1)(s), the civil fine ordered under this section must not be less than $100.00 or more than $250.00.
(j) For a violation of section 676a(3), the civil fine ordered under this section must not be more than $10.00.
(k) For a violation of section 676c, the civil fine ordered under this section is $1,000.00.
(l) For a violation of section 682 or a local ordinance that substantially corresponds to section 682, the civil fine ordered under this section must not be less than $100.00 $250.00 or more than $500.00.
(m) For a violation of section 710d, the civil fine ordered under this section must not be more than $10.00, subject to subsection (11).
(n) For a violation of section 710e, the civil fine and court costs ordered under this subsection must be $25.00.
(3) Except as provided in this section, if an individual is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act while driving a commercial motor vehicle, the individual must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3), the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Costs must not be ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) must not be waived unless costs ordered under this subsection are waived. Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.
(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4) and the justice system assessment ordered under subsection (12), the judge or district court magistrate may order the individual to attend and complete a program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.
(7) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.
(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation is not binding on the courts having jurisdiction over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout this state.
(9) If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.
(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or a justice system assessment ordered under subsection (12), or an installment of the fine, costs, or assessment, may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(11) The court may waive any civil fine, cost, or assessment against an individual who received a civil infraction citation for a violation of section 710d if the individual, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the requirements of section 710d.
(12) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. On payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is not a civil fine for purposes of section 909.
(13) If a person has received a citation for a violation of section 223, the court shall waive any civil fine, costs, and assessment, on receipt of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of section 223 occurred.
(14) If a person has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance under section 328(2), the court may waive the fee described in section 328(3)(c) and shall waive any fine, costs, and any other fee or assessment otherwise authorized under this act on receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect at the time the violation of section 328(1) occurred. Insurance obtained subsequent to the time of the violation does not make the person eligible for a waiver under this subsection.
(15) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act and the civil infraction arises out of the ownership or operation of a commercial quadricycle, the person must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $500.00.
(16) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance that substantially corresponds to this act that involves the operation of a motor vehicle and for which a fine may be assessed.
Sec. 909. (1) Except as provided in subsection subsections (2) and (3), a civil fine which that is ordered under section 907 for a violation of this act or other state statute shall must be exclusively applied to the support of public libraries and county law libraries in the same manner as is provided by law for penal fines assessed and collected for violation of a penal law of the state. A this state. Except as provided in subsection (4), a civil fine ordered for a violation of a code or ordinance of a local authority regulating the operation of commercial motor vehicles and substantially corresponding to a provision of this act shall must be paid to the county treasurer and shall must be allocated as follows:
(a) Seventy percent to the local authority in which the citation is issued.
(b) Thirty percent for library purposes as provided by law.
(2) Subsection (1) is intended to maintain a source of revenue for public libraries which that previously received penal fines for misdemeanor violations of this act which that are now civil infractions.
(3) A civil fine ordered for a violation of section 682 that is a camera-based violation as defined in section 682 must be paid to the county treasurer or the county treasurer's designee and be distributed by the county treasurer or the county treasurer's designee to the school district that operates the school bus as provided in section 682.
(4) A civil fine ordered for a violation of a code or ordinance of a local authority that substantially corresponds to section 682 that is a camera-based violation as defined in section 682 must be paid to the county treasurer or the county treasurer's designee and be distributed by the county treasurer or the county treasurer's designee to the school district that operates the school bus as provided in section 682.
(5) A county treasurer may enter into a contract with and designate a private vendor to process a civil fine described in subsection (3) or (4). A private vendor described in this subsection may be a private vendor contracted by a school district to install, operate, and provide support to a stop-arm camera system on a school bus under section 20 of the pupil transportation act, 1990 PA 187, MCL 257.1820.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) House Bill No. 4929.
(b) House Bill No. 4930.
