| 1 | 1 | | HOUSE BILL NO. 4214 A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 601b and 682 (MCL 257.601b and 257.682), section 601b as amended by 2011 PA 60 and section 682 as amended by 2024 PA 161. the people of the state of michigan enact: Sec. 601b. (1) Notwithstanding any other provision of this act, a person an individual responsible for a moving violation in a work zone, at an emergency scene, or in a school zone during the period beginning 30 minutes before school in the morning and through 30 minutes after school in the afternoon, or in a school bus zone is subject to a fine that is double the fine otherwise prescribed for that moving violation. (2) A person An individual who commits a moving violation in a work zone or a school bus zone for which not fewer than 3 points are assigned under section 320a and as a result causes injury to another person individual in the work zone or school bus zone is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both. (3) A person An individual who commits a moving violation in a work zone or school bus zone for which not fewer than 3 points are assigned under section 320a and as a result causes death to another person individual in the work zone or school bus zone is guilty of a felony punishable by a fine of not more than $7,500.00 or by imprisonment for not more than 15 years, or both. (4) Subsections (2) and (3) do not apply if the injury or death was caused by the negligence of the injured or deceased person individual in the work zone or school bus zone. (5) As used in this section: (a) "Emergency scene" means a traffic accident, a serious incident caused by weather conditions, or another occurrence along a highway or street for which a police officer, firefighter, or emergency medical personnel are summoned to aid an injured victim. (b) "Moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person an individual is operating a motor vehicle, and for which the person individual is subject to a fine. (c) "School bus zone" means the area lying within 20 feet of a school bus that has stopped or is stopping and is displaying 2 alternately flashing red or yellow lights at the same level, except as described in section 682(2). (d) "School zone" means that term as defined in section 627a. 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 that fails to stop for a school bus as required by this subsection, that passes a school bus in violation of this subsection, or 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 $100.00 and not more than $500.00. A citation issued under this subsection is not a citation for a camera-based violation under subsection (4), and a civil fine for a violation of this subsection must be applied as provided in section 909(1). Both of the following apply to the operator of a vehicle overtaking or meeting a school bus that has stopped or is stopping and is displaying 2 alternately flashing lights located at the same level: (a) If the lights are red, the operator 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. (b) If the lights are yellow, the operator shall bring the vehicle to a full stop, if the stop can be safely made, 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. If the stop cannot be safely made, the operator shall reduce speed and pass the school bus with caution. (2) Subsection (1) applies to the entire width of the roadway on which the school bus has stopped or is stopping. 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 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 or is stopping across the 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) Notwithstanding any provision of law to the contrary, if the operator of a vehicle fails to stop for a school bus 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 photograph captured or video recorded by a stop-arm camera system for use as evidence in a proceeding for a camera-based violation 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 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 $100.00 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. A school district that receives money under this subsection must use that money for school transportation safety-related purposes. (9) 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) "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) "Local unit of government" means a state university or college or a county, city, village, or township. (d) "School district" means that term as defined in section 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) "Stop-arm camera system" means that term as defined in section 5 of the pupil transportation act, 1990 PA 187, MCL 257.1805. |
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| 25 | 25 | | HOUSE BILL NO. 4214 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1949 PA 300, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Michigan vehicle code," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending sections 601b and 682 (MCL 257.601b and 257.682), section 601b as amended by 2011 PA 60 and section 682 as amended by 2024 PA 161. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 601b. (1) Notwithstanding any other provision of this act, a person an individual responsible for a moving violation in a work zone, at an emergency scene, or in a school zone during the period beginning 30 minutes before school in the morning and through 30 minutes after school in the afternoon, or in a school bus zone is subject to a fine that is double the fine otherwise prescribed for that moving violation. |
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| 38 | 38 | | |
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| 39 | 39 | | (2) A person An individual who commits a moving violation in a work zone or a school bus zone for which not fewer than 3 points are assigned under section 320a and as a result causes injury to another person individual in the work zone or school bus zone is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both. |
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| 40 | 40 | | |
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| 41 | 41 | | (3) A person An individual who commits a moving violation in a work zone or school bus zone for which not fewer than 3 points are assigned under section 320a and as a result causes death to another person individual in the work zone or school bus zone is guilty of a felony punishable by a fine of not more than $7,500.00 or by imprisonment for not more than 15 years, or both. |
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| 42 | 42 | | |
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| 43 | 43 | | (4) Subsections (2) and (3) do not apply if the injury or death was caused by the negligence of the injured or deceased person individual in the work zone or school bus zone. |
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| 44 | 44 | | |
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| 45 | 45 | | (5) As used in this section: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) "Emergency scene" means a traffic accident, a serious incident caused by weather conditions, or another occurrence along a highway or street for which a police officer, firefighter, or emergency medical personnel are summoned to aid an injured victim. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) "Moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person an individual is operating a motor vehicle, and for which the person individual is subject to a fine. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) "School bus zone" means the area lying within 20 feet of a school bus that has stopped or is stopping and is displaying 2 alternately flashing red or yellow lights at the same level, except as described in section 682(2). |
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| 52 | 52 | | |
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| 53 | 53 | | (d) "School zone" means that term as defined in section 627a. |
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| 54 | 54 | | |
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| 55 | 55 | | 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 that fails to stop for a school bus as required by this subsection, that passes a school bus in violation of this subsection, or 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 $100.00 and not more than $500.00. A citation issued under this subsection is not a citation for a camera-based violation under subsection (4), and a civil fine for a violation of this subsection must be applied as provided in section 909(1). Both of the following apply to the operator of a vehicle overtaking or meeting a school bus that has stopped or is stopping and is displaying 2 alternately flashing lights located at the same level: |
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| 56 | 56 | | |
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| 57 | 57 | | (a) If the lights are red, the operator 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. |
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| 58 | 58 | | |
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| 59 | 59 | | (b) If the lights are yellow, the operator shall bring the vehicle to a full stop, if the stop can be safely made, 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. If the stop cannot be safely made, the operator shall reduce speed and pass the school bus with caution. |
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| 60 | 60 | | |
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| 61 | 61 | | (2) Subsection (1) applies to the entire width of the roadway on which the school bus has stopped or is stopping. 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 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 or is stopping across the raised intervening space, physical barrier, or dividing section. |
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| 62 | 62 | | |
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| 63 | 63 | | (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. |
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| 64 | 64 | | |
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| 65 | 65 | | (4) Notwithstanding any provision of law to the contrary, if the operator of a vehicle fails to stop for a school bus 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 photograph captured or video recorded by a stop-arm camera system for use as evidence in a proceeding for a camera-based violation 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 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). |
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| 66 | 66 | | |
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| 67 | 67 | | (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 $100.00 and not more than $500.00. |
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| 68 | 68 | | |
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| 69 | 69 | | (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. |
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| 70 | 70 | | |
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| 71 | 71 | | (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: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) A copy of the captured photograph or selected images from a recorded video showing the vehicle involved in the violation. |
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| 74 | 74 | | |
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| 75 | 75 | | (b) If the violation is based on a recorded video, a method to review the recorded video on a website. |
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| 76 | 76 | | |
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| 77 | 77 | | (c) The date, time, and location of the alleged violation. |
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| 78 | 78 | | |
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| 79 | 79 | | (d) A statement of the facts inferred from the captured photograph or recorded video. |
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| 80 | 80 | | |
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| 81 | 81 | | (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. A school district that receives money under this subsection must use that money for school transportation safety-related purposes. |
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| 82 | 82 | | |
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| 83 | 83 | | (9) As used in this section: |
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| 84 | 84 | | |
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| 85 | 85 | | (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. |
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| 86 | 86 | | |
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| 87 | 87 | | (b) "Law enforcement agency" means any of the following: |
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| 88 | 88 | | |
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| 89 | 89 | | (i) The department of state police. |
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| 90 | 90 | | |
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| 91 | 91 | | (ii) The county sheriff's office. |
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| 92 | 92 | | |
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| 93 | 93 | | (iii) The police department of a local unit of government. |
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| 94 | 94 | | |
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| 95 | 95 | | (iv) Any other governmental law enforcement agency in this state. |
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| 96 | 96 | | |
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| 97 | 97 | | (c) "Local unit of government" means a state university or college or a county, city, village, or township. |
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| 98 | 98 | | |
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| 99 | 99 | | (d) "School district" means that term as defined in section 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. |
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| 100 | 100 | | |
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| 101 | 101 | | (e) "Stop-arm camera system" means that term as defined in section 5 of the pupil transportation act, 1990 PA 187, MCL 257.1805. |
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