September 30, 2009, Introduced by Reps. Walsh, Stamas, Crawford, Roy Schmidt, Marleau, Calley, Horn, Lund, Wayne Schmidt, Haveman, Lori, Constan, Kowall, Hildenbrand, Knollenberg, Opsommer and LeBlanc and referred to the Committee on Judiciary.
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 2a (MCL 691.1402a), as added by 1999 PA 205.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) Except as otherwise provided by this section, a
municipal corporation has no duty to repair or maintain, and is not
liable for injuries arising from, a portion of a county highway
outside of the improved portion of the highway designed for
vehicular travel, including a sidewalk, trailway, crosswalk, or
other installation. This subsection does not prevent or limit a
municipal corporation's liability if both of the following are
true:
(a) At least 30 days before the occurrence of the relevant
injury,
death, or damage, the municipal corporation knew or, in the
exercise
of reasonable diligence, should have known of the
existence of a defect in a sidewalk, trailway, crosswalk, or other
installation outside of the improved portion of the highway
designed for vehicular travel.
(b) The defect described in subdivision (a) is a proximate
cause of the injury, death, or damage.
(2) A discontinuity defect of less than 2 inches creates a
rebuttable
inference presumption that the municipal corporation
maintained the sidewalk, trailway, crosswalk, or other installation
outside of the improved portion of the highway designed for
vehicular travel in reasonable repair.
(3) A municipal corporation's liability under subsection (1)
is limited by section 81131 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81131.