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MI HB5397

Bill

Status

Introduced

2/14/2012

Primary Sponsor

Jeff Irwin

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Expands governmental agencies' duty to maintain highways to include road signage, markings, traffic control devices, and proper design/construction of the roadway, beyond just the physical roadbed.

  • Limits highway maintenance liability to the improved portion designed for vehicular travel, excluding sidewalks, trailways, and crosswalks.

  • Makes the state transportation department the sole defendant in tort liability cases when another governmental agency contracts to perform work on state trunk line highways.

  • Restricts third parties from claiming contractual rights against governmental agencies based on highway maintenance contracts; only the state transportation department can assert contractual claims.

  • Limits governmental agencies' highway maintenance duties by sections 81131 and 82124 of the 1994 Natural Resources and Environmental Protection Act.

Legislative Description

Torts; governmental immunity; liability for repairing and maintaining highways; extend to include design elements beyond the physical roadbed. Amends sec. 2 of 1964 PA 170 (MCL 691.1402).

Torts, governmental immunity

Last Action

Printed Bill Filed 02/15/2012

2/15/2012

Committee Referrals

Judiciary2/14/2012

Full Bill Text

No bill text available