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MI HB6433
Bill
Status
9/14/2010
Primary Sponsor
Douglas Geiss
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AI Summary
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Amends Michigan's governmental immunity law (1964 PA 170) to clarify definitions of "governmental agency," "governmental function," "highway," "sidewalk," and "state."
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Adds "state" definition to include public universities and colleges of Michigan, whether established as constitutional corporations or otherwise.
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Establishes that municipal corporations must maintain sidewalks adjacent to municipal, county, or state highways in reasonable repair and are liable for injuries from defects in those sidewalks.
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Creates a rebuttable inference that a municipal corporation maintained a sidewalk in reasonable repair if a discontinuity defect is less than 2 inches.
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Limits municipal corporation liability to cases where the corporation knew or should have known of a defect at least 30 days before injury occurred and the defect was a proximate cause of the injury.
Legislative Description
Torts; governmental immunity; liability for a defect in a sidewalk; clarify that inference regarding a defect of less than 2 inches applies to any sidewalk maintained by a municipal corporation. Amends secs. 1, 2 & 2a of 1964 PA 170 (MCL 691.1401 et seq.).
Torts, governmental immunity
Last Action
Printed Bill Filed 09/15/2010
9/15/2010