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MI HB4589

Bill

Status

Passed

3/15/2012

Primary Sponsor

Pat Somerville

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Origin

House of Representatives

96th Legislature

AI Summary

  • Defines "governmental function" to include activities performed by sworn law enforcement officers on public or private property within their authority and directed by their public employer for public safety purposes.

  • Clarifies that governmental agencies' duty to maintain highways extends only to the improved portion designed for vehicular travel and does not include sidewalks, trailways, crosswalks, or other installations outside the improved portion.

  • Requires municipal corporations to maintain sidewalks adjacent to municipal, county, or state highways in reasonable repair, with no liability unless the municipality knew or should have known of the defect at least 30 days before the injury.

  • Establishes a presumption that municipal corporations have maintained sidewalks in reasonable repair, which can only be rebutted by evidence of a vertical discontinuity of 2 inches or more or other dangerous conditions specific to the sidewalk itself.

  • Makes the court responsible for determining whether the sidewalk maintenance presumption has been rebutted as a matter of law.

Legislative Description

Torts; governmental immunity; liability for a defect in a sidewalk; revise. Amends secs. 1, 2 & 2a of 1964 PA 170 (MCL 691.1401 et seq.).

Torts, governmental immunity

Last Action

Assigned Pa 50'12 With Immediate Effect

3/15/2012

Committee Referrals

Judiciary4/27/2011

Full Bill Text

No bill text available