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SB 1091

Courts: funding; trial court funding; provide for. Amends sec. 907 of 1949 PA 300 (MCL 257.907) & repeals sec. 908 of 1949 PA 300 (MCL 257.908). TIE BAR WITH: SB 1089'26

2025-2026 Regular Session Introduced by Mary Cavanagh and 3 co-sponsors

SB 1091 sets caps on civil fines and costs for Michigan infractions, requires indigency determinations before payment, and allows court-specific schedules and waivers.

REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
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Bill Summary · SB 1091

Summary of SB 1091 (2025-2026) – Michigan

Main purpose and intent

  • SB 1091 amends the Michigan Vehicle Code (1949 PA 300) by reforming how civil infractions and related costs/fines are handled in trial courts. The bill focuses on setting specified civil fines, costs, and optional programs, as well as authorizing indigency-based adjustments and new funding mechanisms tied to civil infractions.
  • The measure includes provisions that repeal the current Sec. 907 and place new rules for civil fines, costs, and assessments, including guidance for court procedures and indigency determinations.

Key provisions and changes

  • Hard caps and scales for civil fines (Sec. 907(2)):

    • General civil infractions: up to $100 fine (subject to exceptions).
    • Moving violations with at-fault collision: add $25, but total fine not to exceed $100.
    • Specific sections have tailored fines:
    • Section 240: $15 fine.
    • Section 312a(4)(a): fine not more than $250.
    • Section 319f(1): first violation $2,500–$2,750; subsequent $5,000–$5,500.
    • Section 319g(1)(a): not more than $10,000.
    • Section 319g(1)(g): $2,750–$25,000 (range for multiple violations).
    • Section 602b, 627c, 674(1)(s), 676a(3), 676c, 682: various specified ranges (examples below):
      • 602b: ranges depending on accident involvement and whether it’s first offense or subsequent.
      • 627c: up to $150 for second violation and $300 for third or subsequent.
      • 674(1)(s): $100–$250.
      • 682: $100–$500.
      • 710d: up to $10, subject to later subsection.
      • 710e: total civil fine and costs: $25.
    • Other targeted sections have specific caps, including very high fines for certain violations (e.g., 319g(1) categories).

  • Costs and administration (Sec. 907(4), (12)):

    • Courts shall tax and determine costs up to $100, covering direct and indirect expenses through judgment.
    • Costs are generally payable to the plaintiff’s general fund, with a cap on total costs.
    • A “justice system assessment” of $40 may be added for each civil infraction determination, deposited into the Justice System Fund (not a civil fine for purposes of certain sections).

  • Optional and court-administered practices (Sec. 907(7)-(8)):

    • District courts and municipal courts may establish schedules of civil fines, costs, and assessments for infractions within their jurisdiction, with:
    • Posting and accessibility requirements.
    • Ability to exclude cases based on prior record (subject to indigency provisions).
    • A requirement to note indigency procedures aligned with the Revised Judicature Act.

  • Indigency and affordability (Sec. 907(16)):

    • Beginning after the amendatory act’s effective date, indigent determinations are required before imposing fines, costs, or assessments.
    • If indigent, courts may reduce or not require payment of fines (costs and justice system assessments may be waived).

  • Indirect waivers and exemptions (Sec. 907(9), (13)-(14)):

    • Several targeted waivers exist for specific infractions (e.g., defective safety equipment on a vehicle; section 223 registrations; proof of insurance under section 328(2)).
    • Waivers can apply if certain conditions are met (e.g., certification or proof of timely repair or valid insurance).

  • Indirect and special provisions (Sec. 907(5), (15)):

    • Courts may order treatment, education, or rehabilitation in addition to fines and costs.
    • For commercial quadricycles, sanctions may include costs plus civil fines up to $500.

  • Enforcement and timelines:

    • The act references mechanisms under the Revised Judicature Act for collecting defaulted fines and costs.
    • Effective date contingent on enactment of SB 1089, per Enacting Section 2.

  • Repeal and transitional notes:

    • Enacting section repeals Sec. 907 of the Michigan Vehicle Code (as amended by 2024 PA 164) and enacts new language.
    • Enactment is tied to SB 1089, meaning the bill does not take effect unless SB 1089 is enacted.

Who and what is affected

  • Individuals cited for civil infractions under the Michigan Vehicle Code and local ordinances that substantially correspond to the act.
  • District court magistrates and district/municipal courts that administer fines, costs, and justice system assessments.
  • Courts within Michigan’s various districts and municipalities that may adopt schedules of fines/costs.
  • Indigents and individuals facing civil infractions, due to new indigency determination requirements and potential waivers.

Procedural and timeline aspects

  • The bill would take effect only if SB 1089 is enacted, creating a tie between the two measures.
  • Annual guidance: the bill tasks the state court administrator with publishing recommended ranges of fines and costs for first-time infractions to guide courts and monitor disparities (non-binding).
  • Indigency assessments must be conducted before imposing fines, costs, or assessments, shifting practice toward affordability considerations.
  • Several waivers and exemptions require specific verifications (e.g., proof of safety equipment repair, valid registrations, or insurance).

Note: This summary reflects the text as introduced July 2, 2026, and may be subject to amendments during committee and floor action.

Compiled from official sources — confirm details with the bill’s official record.

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