RECOVERING ROADWAY DAMAGES; MODIFY                                                  H.B. 4973:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 4973 (as reported without amendment)

Sponsor:  Representative Graham Filler

House Committee:  Transportation

Senate Committee:  Transportation and Infrastructure

CONTENT

The bill would amend Public Act 283 of 1909, the county road law, to specify that a person who injured a bridge maintained at public expense or a public road by drawing logs or timber on the surface of the bridge or road, or by any other act, would be liable in damages to three times the amount of the injury, which would have to be recovered in a civil action brought by the governmental entity with jurisdiction over the bridge or road and expended in the repair of roads under the governmental entity's jurisdiction.

MCL 230.7                                                          Legislative Analyst:  Tyler P. VanHuyse

FISCAL IMPACT

The bill would not have a significant fiscal impact on State or local government. The Act that the bill would amend is over 100 years old and is not applicable in current tort actions brought by a governmental agency to recover damages. This is, chiefly, because the section at issue currently grants the power to recover damages done to a public road to a "commissioner of highways of the township", a reference to an office that no longer exists. Furthermore, highways and public roads no longer are under the jurisdiction of townships. Currently, all Michigan roads are under the jurisdiction of either the State, counties, or cities/villages. Currently, when a vehicular accident or incident causes damage to a roadway, the Insurance Code (PA 218 of 1956) provides a means for a governmental agency to recover damages. It is anticipated that the changes proposed in the bill would allow for an alternative means of recovery for damages from incidents that do not involve vehicular accidents or incidents, or for incidents in which damages are not covered by insurance.

Date Completed:  5-17-22                                               Fiscal Analyst: Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.