Michigan House Bill HB5381

Michigan 2023-2024 Regular Session

• Introduced: 11/14/23
• Refer: 11/14/23

Caption

Torts: premises liability; governmental agencies that maintain weapon-free zones; impose liability. Amends 1964 PA 170 (MCL 691.1401 - 691.1419) by adding sec. 6b. TIE BAR WITH: HB 5377'23

Impact

The proposed legislation would specifically amend 1964 PA 170, which currently outlines the liability framework for municipal corporations and governmental entities. By adding a provision that removes immunity under certain conditions for agencies maintaining weapon-free zones, the bill seeks to emphasize the importance of these areas and hold agencies accountable for their management. If passed, the bill may incentivize local governments to take greater care in enforcing regulations surrounding these zones, potentially enhancing public safety protocols.

Summary

House Bill 5381 amends the state’s existing tort liability framework concerning governmental agencies and their responsibilities related to weapon-free or gun-free zones. Specifically, it aims to create liabilities for governmental agencies that fail to appropriately maintain these zones. This change introduces a significant shift in how local governments are protected under existing liability laws, adding a layer of accountability for ensuring the safety of designated areas. The bill is intended to address concerns around public safety in settings where the presence of firearms is prohibited.

Contention

Debate surrounding HB 5381 is likely to focus on the balance between governmental immunity and public safety concerns. Proponents argue that the bill is essential for ensuring that governmental agencies prioritize the maintenance and enforcement of gun-free zones, thus protecting citizens. Critics, however, might contend that imposing liability could discourage local governments from establishing such zones or could overwhelm agencies with increased legal challenges, ultimately detracting from their ability to serve the community effectively.