2023 House Bill 4940

Highways: construction and repair; actions against county road commissions for highway defects; clarify that they are subject to governmental immunity act.

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 21 (MCL 224.21), as amended by 1996 PA 23.

House Fiscal Agency Analysis

Clarifies provisions regarding the liability of counties for injuries that result from a failure by the county to maintain highways under county jurisdiction to a “reasonably safe” standard. HB 4940 and HB 4941 would make explicit provisions of current law that effectively make certain provisions of the governmental immunity law applicable to county road commissions. The bills also would remove provisions establishing the procedure and notice requirements for filing a claim for injury.

Introduced in the House

Sept. 7, 2023

Introduced by Reps. Nate Shannon (D-58) and Graham Filler (R-93)

Referred to the Committee on Transportation, Mobility and Infrastructure