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MI HB6433

Bill

Status

Introduced

9/14/2010

Primary Sponsor

Douglas Geiss

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Origin

House of Representatives

95th Legislature

AI Summary

  • Amends Michigan's governmental immunity law (1964 PA 170) to clarify definitions of "governmental agency," "governmental function," "highway," "sidewalk," and "state."

  • Adds "state" definition to include public universities and colleges of Michigan, whether established as constitutional corporations or otherwise.

  • 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.

  • Creates a rebuttable inference that a municipal corporation maintained a sidewalk in reasonable repair if a discontinuity defect is less than 2 inches.

  • 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

Committee Referrals

Judiciary9/14/2010

Full Bill Text

No bill text available