HOUSE BILL No. 5816

 

 

April 17, 2018, Introduced by Reps. Green, Gay-Dagnogo, Chang, Greimel, Zemke, Camilleri, Hammoud, Yaroch, Sowerby, Ellison, Geiss, Hertel, Chirkun, LaGrand, Jones and Scott and referred to the Committee on Transportation and Infrastructure.

 

     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 3 (MCL 691.1403).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) No A governmental agency is not liable for

 

injuries or damages caused by a defective highways highway unless

 

the governmental agency knew, or in the exercise of reasonable

 

diligence should have known, of the existence of the defect and had


a reasonable time to repair the defect before the injury or damage

 

took place. Knowledge Except as provided in subsection (2),

 

knowledge of the defect and time to repair the same shall be defect

 

is conclusively presumed when if the defect existed so as to be

 

readily apparent to an ordinarily observant person for a period of

 

30 days or longer before the injury or damage took place.

 

     (2) If the defect in the highway under subsection (1) is a

 

pothole, knowledge of the defect and the time to repair the defect

 

is conclusively presumed if the defect existed so as to be readily

 

apparent to an ordinarily observant person for a period of 7 days

 

or longer before the injury or damage took place.