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.