September 26, 2018, Introduced by Rep. Victory 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 2 (MCL 691.1402), as amended by 2012 PA 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) Each A governmental agency having that has
jurisdiction over a highway shall maintain the highway in
reasonable repair so that it is reasonably safe and convenient for
public travel. A person who sustains bodily injury or damage to his
or her property by reason of failure of a governmental agency to
keep a highway under its jurisdiction in reasonable repair and in a
condition reasonably safe and fit for travel may recover the
damages
suffered by him or her from the governmental agency. The
liability,
procedure, and remedy as to county roads under the
jurisdiction
of a county road commission shall be as provided in
section
21 of chapter IV of 1909 PA 283, MCL 224.21. Except as
provided in section 2a, the duty of a governmental agency to repair
and maintain highways, and the liability for that duty, extends
only to the improved portion of the highway designed for vehicular
travel and does not include sidewalks, trailways, crosswalks, or
any other installation outside of the improved portion of the
highway
designed for vehicular travel. A judgment against the this
state based on a claim arising under this section from acts or
omissions of the state transportation department is payable only
from restricted funds appropriated to the state transportation
department or funds provided by its insurer.
(2) A municipal corporation has no duty to repair or maintain,
and is not liable for injuries or damages arising from, a portion
of a county or state highway.
(3) If the state transportation department contracts with
another governmental agency to perform work on a state trunk line
highway, an action brought under this section for tort liability
arising
out of the performance of that work shall must be brought
only against the state transportation department under the same
circumstances and to the same extent as if the work had been
performed by employees of the state transportation department. The
state transportation department has the same defenses to the action
as it would have had if the work had been performed by its own
employees. If an action described in this subsection could have
been maintained against the state transportation department, it
shall
may not be maintained against the governmental agency
that
performed the work for the state transportation department. The
governmental agency also has the same defenses that could have been
asserted by the state transportation department had the action been
brought against the state transportation department.
(4) The contractual undertaking of a governmental agency to
maintain a state trunk line highway confers contractual rights only
on the state transportation department and does not confer third
party beneficiary or other contractual rights in any other person
to recover damages to person or property from that governmental
agency. This subsection does not relieve the state transportation
department of liability it may have, under this section, regarding
that highway.
(5) The duty imposed by this section on a governmental agency
is limited by sections 81131 and 82124 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81131 and
324.82124.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. ____ (request no.
05736'18) of the 99th Legislature is enacted into law.