H.B. 5290: COMMITTEE SUMMARY - STOPPING FOR SCHOOL BUSES

House Bill 5290 (as passed by the House)

Sponsor: Representative Paul Tesanovich

Senate Committee: Transportation and Tourism

Date Completed: 3-24-98

CONTENT

The bill would amend the Michigan Vehicle Code to increase from $100 to $500 the maximum fine that a court may order a person to pay for failing to stop for a school bus in violation of the Code.

Currently, except in regard to certain violations, if a person is determined to be responsible for a civil infraction under the Code or a local ordinance that substantially corresponds to a provision of the Code, a judge, district court referee, or district court magistrate may order the person to pay a civil fine of up to $100 and court costs, as provided in the Code.

Under the bill, a person would have to be ordered to pay court costs, as provided in the Code, and a civil fine of at least $100 but not more than $500, for violating Section 682 of the Code, under which a driver is responsible for a civil infraction for failing to stop for a school bus that is stopped and displaying flashing red lights, for improperly passing a stopped school bus at certain intersections, or for violating a substantially corresponding local ordinance (MCL 257.682).

(In addition to the civil fine and court costs provided for a civil infraction, a judge, district court referee, or district court magistrate currently may order a person who violates Section 682 to perform up to 100 hours of community service at a school.)

MCL 257.907 - Legislative Analyst: L. Arasim

FISCAL IMPACT

The fiscal impact of this bill on State and local governments is indeterminate because fines collected under this proposal would vary based on two factors: the number of tickets given and size of fines assessed for violations of this statute. The data needed to estimate these figures are not available.

However, the distribution of these fines would vary based on whether an individual was charged with a violation of Section 682 of the Michigan Vehicle Code (MCL 257.682) or a "local ordinance substantially corresponding" to this section as allowed under this bill.

Section 909 of the Vehicle Code (MCL 257.909) states that civil fines ordered for violations of the Code "shall be exclusively applied to the support of public libraries and county law libraries" of the localities in which those violations were committed.

Revenues collected by local units of government for violations of corresponding local ordinances may be distributed at the prerogative of that government and need not be distributed in support of local libraries.

- Fiscal Analyst: P. AlderferS9798\S5290SA

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.