HB-4888, As Passed House, March 6, 2018

HB-4888, As Passed Senate, March 6, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 4888

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 676b (MCL 257.676b), as amended by 2017 PA 112.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 676b. (1) Subject to subsection (2), a person, without

authority, shall not block, obstruct, impede, or otherwise

interfere with the normal flow of vehicular or pedestrian traffic

upon a public street or highway in this state, by means of a

barricade, object, or device, or with his or her person. This

section does not apply to persons maintaining, rearranging, or

constructing public utility facilities in or adjacent to a street

or highway.

     (2) Subsection (1) and any provision of the Michigan

Administrative Code that prohibits a person from standing in a

roadway other than a limited access highway for the purpose of

soliciting a ride, employment, or business from the occupant of any

vehicle do not apply to a person who is soliciting contributions on

behalf of a charitable or civic organization during daylight hours,

if all of the following are satisfied:

     (a) The charitable or civic organization complies with

applicable local government regulations. A local government may

enact or enforce regulations restricting, but not prohibiting, the

activity described in this subsection.

     (b) The charitable or civic organization maintains at least

$500,000.00 in liability insurance.

     (c) The person is 18 years of age or older.

     (d) The person is wearing high-visibility safety apparel that

meets current American standards promulgated by the International

Safety Equipment Association.

     (e) The portion of the roadway upon which the solicitation

occurs is not a work zone and is within an intersection where

traffic control devices are present.

     (3) A local government or road authority that has jurisdiction

over a roadway upon which solicitation occurs as described in

subsection (2) is not liable for any claim for damages arising out

of the use of the roadway as described in subsection (2).

     (4) A person who violates this section is responsible for a

civil infraction.

     (5) A local government that, on the effective date of the

amendatory act that added this subsection, has enacted or is

enforcing regulations that are prohibited under subsection (2)(a)

shall bring those regulations into compliance with subsection

(2)(a) no later than 60 days after the effective date of the

amendatory act that added this subsection.

     (6) As used in this section, "charitable or civic

organization" means a nonprofit organization that is qualified

under section 501(c)(3), or 501(c)(4), 501(c)(7), 501(c)(8), or

501(c)(10) of the internal revenue code, 26 USC 501, or a veterans'

organization that has tax-exempt status under the internal revenue

code.