HB-4160, As Passed Senate, June 28, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4160

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 676b (MCL 257.676b).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 676b. (1) A 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 shall 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) (2) 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) of the internal revenue code,

 

26 USC 501, or a veterans' organization that has tax-exempt status

 

under the internal revenue code.