2023 Senate Bill 43 / Public Act 164

Highways: construction and repair; use of certain traffic control devices when closing a freeway or portion of freeway; require under certain conditions.

An act to amend 1917 PA 165, entitled “An act to authorize highway officials to close roads under construction, improvement or repair, or any portion of a highway whereon a bridge is being constructed or repaired; to require such officials to place in good repair and to mark by proper signs suitable detours around roads, or portions of roads, which are closed hereunder; to provide suitable barriers, and lights shall be maintained at the end of such roads or portions of roads which are thus closed and at the intersections thereof with other roads; to require the removal of signs and barriers located and placed hereunder; and to provide a penalty for a violation of the provisions hereof,” by amending section 1 (MCL 247.291) and by adding sections 1a and 1b.

House Fiscal Agency Analysis

Requires the Michigan Department of Transportation (MDOT) to use concrete or equivalent crashworthy temporary barriers when completely closing a freeway to traffic and to use such barriers to separate road workers from traffic if a portion of a freeway is closed at night. Currently, the act allows officials to close a highway or part of a highway under construction, improvement, or repair. A highway must not be closed until suitable barriers have been erected at the ends of the closed highway and at the points where it intersects with other highways.

Introduced in the Senate

Jan. 26, 2023

Introduced by Sen. John Cherry (D-27) and eight co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Joseph Bellino (R-16), Stephanie Chang (D-3), John Damoose (R-37), Paul Wojno (D-10), Veronica Klinefelt (D-11), Sylvia Santana (D-2) and Rosemary Bayer (D-13)

Referred to the Committee on Transportation and Infrastructure

March 21, 2023

Reported with substitute S-1

March 22, 2023

Referred to the Committee of the Whole

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

March 23, 2023

Passed in the Senate 28 to 10 (details)

Received in the House

March 23, 2023

Referred to the Committee on Transportation, Mobility and Infrastructure

June 20, 2023

Reported without amendment

Sept. 27, 2023

Passed in the House 75 to 35 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Oct. 3, 2023

Motion to give immediate effect

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Oct. 19, 2023