Michigan House Bill HB4941

Michigan 2023-2024 Regular Session

• Introduced: 9/7/23
• Refer: 9/7/23

Caption

Torts: governmental immunity; liability for highway defects; clarify that governmental tort liability act applies to county road commissions. Amends sec. 2 of 1964 PA 170 (MCL 691.1402). TIE BAR WITH: HB 4940'23

Impact

The bill impacts local government laws by specifying that municipal corporations are not responsible for the maintenance of state highways, thereby shifting the liability solely onto the state or its agencies. This change is significant in that it provides clearer boundaries for liability and helps define the extent of governmental responsibility, which could lead to a decrease in lawsuits against local municipalities over highway conditions.

Summary

House Bill 4941 proposes an amendment to the Governmental Tort Liability Act, specifically focusing on the responsibilities and liabilities of governmental agencies in maintaining highways. The bill clarifies that agencies must keep highways in reasonable repair for safe public travel. If an agency fails to maintain a highway properly, they may be held liable for any bodily injury or property damage that results from such neglect.

Contention

Opponents of the bill might argue that it places too much burden on state agencies while absolving local governments from responsibilities that may still affect their residents indirectly. The contention arises from the potential effects on public safety and the interpretation of 'reasonable repair,' as local municipalities may still be indirectly impacted by road conditions on state highways that they do not maintain. The bill could streamline lawsuits but raises questions about accountability and safety oversight in highway maintenance.