HB-5094, As Passed Senate, June 23, 2004                                    

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5094

                                                                             A bill to amend 1949 PA 300, entitled                                             

"Michigan vehicle code,"                                                    

by amending section 613a (MCL 257.613a).                                    

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 613a.  (1)  The Except as provided in subsections (2)                 

2   and (3), the state transportation department,  of state highways            

3   and transportation,  a county road commission, or a local                   

4   authority  may shall establish school crossings considered                 

5   necessary for the safety of  school children schoolchildren on             

6   streets and highways under  their its jurisdiction.  The                   

7   establishment of a school crossing shall be based upon a traffic            

8   and engineering study conducted by the authority having                     

9   jurisdiction, in consultation with the superintendent of the                

10  school district.                                                            

11  (2) If considered necessary under subsection (1) or pursuant                

1   to a traffic and engineering study conducted under subsection               

2   (4), a school crossing shall be established within a safe                   

3   distance from a school located on a street or highway on which              

4   the speed limit is 25 miles or more per hour.

5   (3) Upon request of the superintendent of the school                        

6   district, the following individuals shall meet at not less than             

7   5-year intervals to consider whether a traffic and engineering              

8   study should be conducted to determine whether a school crossing            

9   is required under subsection (2):                                           

10      (a) The superintendent of the school district in which the                  

11  school is located or his or her designee.                                   

12      (b) The head of the local authority having jurisdiction to                  

13  maintain the road or his or her designee or, if there is no local           

14  authority, an individual designated by the director of the state            

15  transportation department.                                                  

16      (c) The chief of police of the local unit of government in                  

17  which the road is located or his or her designee or, if the local           

18  unit of government does not have a police department, the county            

19  sheriff or his or her designee.                                             

20      (4) If the individuals described in subsection (3) determine                

21  by unanimous vote that a traffic and engineering study should be            

22  conducted, the individuals shall notify the authority having                

23  jurisdiction to maintain the road in writing of that                        

24  determination.  If the authority is notified under this                     

25  subsection that a traffic and engineering study should be                   

26  conducted, the authority shall conduct the study.

27  (5)  (2)  Having established a school crossing, the state                   

1   transportation department,  of state highways and                           

2   transportation,  county road commission, or local authority shall           

3   erect school crossing signs, in conformance with the manual of              

4   uniform traffic control devices provided for in section 608, on             

5   streets or highways under its jurisdiction.                                 

6       Enacting section 1.  This amendatory act shall be known and                 

7   may be cited as "the Jasmine Miles schoolchildren safety act".