2023 House Bill 4941

Torts: governmental immunity; liability for highway defects; clarify that governmental tort liability act applies to county road commissions.

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as amended by 2012 PA 50.

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

Referred to the Committee on Transportation, Mobility and Infrastructure