Legislative Analysis
Phone: (517) 373-8080
CHILD SAFETY RESTRAINT SYSTEMS
http://www.house.mi.gov/hfa
House Bill 4511 as reported from committee Analysis available at
Sponsor: Rep. Carrie Rheingans http://www.legislature.mi.gov
House Bill 4512 (H-1) as reported from committee
Sponsor: Rep. John Fitzgerald
Committee: Transportation, Mobility and Infrastructure
Complete to 9-27-23
(Enacted as Public Acts 21 and 22 of 2024)
SUMMARY:
House Bills 4511 and 4512 would amend the Michigan Vehicle Code to revise the requirements
for child safety restraint systems (car seats and booster seats). 1
Currently under sections 710d and 710e of the code, a driver transporting a child who is under
four years old must properly secure that child in a child restraint system that meets federal
standards. The child must be positioned in a rear seat, if the vehicle has a rear seat. A child in
a rear-facing child restraint system may be placed in the front seat only if the front passenger
air bag is deactivated. In addition, a child who is four to seven years old and who is less than
four feet nine inches tall also must be properly secured in a child restraint system.
House Bill 4511 would amend the provisions described above to apply to children who are 12
years old and younger. Specifically, the bill would require a driver transporting a child to
properly secure that child in a child restraint system that meets federal standards. The child
would have to be positioned in the child restraint system in a rear seat, if the vehicle has a rear
seat and not all the rear seats are taken by children. A child in a rear-facing child restraint
system could be placed in the front seat only if the front passenger air bag is deactivated. A
child would have to be seated and positioned in a child restraint system as follows:
• A child would have to be restrained in a rear-facing child seat until the child meets
either of the following:
o Is at least two years old.
o Has reached the weight or height limit of the rear-facing child restraint system
o Set by the manufacturer.
• After meeting either of the above, the child would have to be restrained in a forward-
facing child restraint system with an internal harness until the child meets either of the
following:
o Is at least five years old.
o Has reached the weight or height limit of the forward-facing child restraint
system set by the manufacturer.
• After meeting either of the above requirements, the child would have to be restrained
in a belt-positioning child booster seat secured with a lap-shoulder safety belt until the
child meets either of the following:
o Is at least eight years old.
o Is at least four feet nine inches tall.
1
For a description of car seat types, see: https://www.nhtsa.gov/equipment/car-seats-and-booster-seats
House Fiscal Agency Page 1 of 3
A child secured in a restraint system would have to be secured in one that was appropriate for
the child’s weight and height and configured according to the restraint system manufacturer’s
instructions and the vehicle manufacturer’s instructions and the standards prescribed by 49
CFR 571.213. 2
A child who is at least eight years old or at least four feet nine inches tall, but who is under 13
years old, would have to be restrained with a properly adjusted and fastened safety belt. They
would have to be positioned in a rear seat, if the vehicle has a rear seat and not all the rear seats
are taken by children. They could be restrained in a belt-positioning child booster seat, as
described above, until they reach the weight or height limit set by the seat’s manufacturer.
Current law requires a driver transporting a child under 16 who does not have to ride in a car
seat or booster seat (i.e., they are at least four foot nine and at least eight years old) to secure
the child in a properly adjusted and fastened safety belt. Under House Bill 4511, this
requirement would apply to a child who is at least 13 but under 16 years old.
House Bill 4511 also would eliminate a requirement that the secretary of state engage an
independent organization to conduct a study to determine the effect of the primary enforcement
of the seat belt law on the number of incidents of police harassment of motor vehicle operators.
This requirement was added in 1999, when the seat belt law was made subject to primary
enforcement, and required a report to be made to the legislature by June 30, 2001, and annually
thereafter. The bill would revise related provisions to refer to “inappropriate enforcement” of
the seat belt law, rather than “police harassment.”
MCL 257.710d and 257.710e
House Bill 4512 would amend section 907 of the Michigan Vehicle Code, which allows the
court to waive any civil fine, cost, or assessment against a person who received a civil infraction
citation for violation of the child restraint system requirements if the individual provides
evidence of acquiring, purchasing, or renting a child restraint system meeting those
requirements before the appearance date on the citation.
Under the bill, the person also would have to provide evidence that they received education
from a certified child passenger safety technician. In addition, where the act refers to a person
providing evidence of acquiring, purchasing, or renting a proper child restraint system, the bill
would refer only to evidence of acquisition.
MCL 257.907
Each bill would take effect 180 days after its enactment. Neither bill could take effect unless
both bills were enacted.
FISCAL IMPACT:
House Bills 4511 and 4512 would not have a direct fiscal impact on the Michigan State Police
or state government. There could be potential implementation costs associated with raising
2
See https://www.govinfo.gov/content/pkg/CFR-2011-title49-vol6/pdf/CFR-2011-title49-vol6-sec571-213.pdf
House Fiscal Agency HBs 4511 and 4512 (H-1) as reported from committee Page 2 of 3
public awareness of the changes in law regarding child safety seats through mailings, social
media, or other media. However, there is no such requirement to do so in the bill.
House Bill 4512 would have an indeterminate fiscal impact on local units of government. The
fiscal impact would depend on the number of civil fines that are waived. Under Section 909 of
the Michigan Vehicle Code, revenue from the civil fine is required to be applied exclusively
to the support of public and county law libraries. A decrease in the number of fines ordered,
and a subsequent decrease in the amount of revenue collected, means a decreased amount of
funding made available for support of public and county law libraries.
POSITIONS:
Representatives of the following organizations testified in support of the bills (9-12-23):
• Certified Child Passenger Safety Technician Instructors
• Michigan Chapter of the American Academy of Pediatrics
• Safe Kids
The following entities indicated support for the bills (9-12-23):
• Michigan State Police
• Michigan Academy of Family Physicians
• Michigan Council for Maternal and Child Health
• Michigan Osteopathic Association
• Michigan State Medical Society
The Department of State indicated a neutral position on the bills. (9-12-12)
Legislative Analyst: E. Best
Fiscal Analysts: Michael Cnossen
Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 4511 and 4512 (H-1) as reported from committee Page 3 of 3
Statutes affected: House Introduced Bill: 257.710
As Passed by the House: 257.710
As Passed by the Senate: 257.710
House Concurred Bill: 257.710
Public Act: 257.710
House Enrolled Bill: 257.710