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MI HB5464
Bill
Status
3/8/2012
Primary Sponsor
Jeffry Farrington
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AI Summary
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Modifies the requirement that governmental agencies maintain highways in "reasonable repair" by changing "public vehicular travel" to "vehicular travel," expanding the scope of who can claim damages.
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Allows persons sustaining bodily injury or property damage from governmental failure to maintain highways in reasonable repair to recover damages from the responsible governmental agency.
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Limits the state transportation department's liability for highway maintenance judgments to restricted funds appropriated to the department or funds provided by its insurer.
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Directs tort liability claims arising from contracted work on state trunk line highways to be brought only against the state transportation department, not the contracting governmental agency, with the state retaining all available defenses.
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Clarifies that contractual agreements for governmental agencies to maintain state trunk line highways create rights only for the state transportation department and do not create third-party beneficiary rights for other persons to sue.
Legislative Description
Torts; governmental immunity; liability for repair and maintenance of highways; modify. Amends sec. 2 of 1964 PA 170 (MCL 691.1402).
Local government, public services
Last Action
Printed Bill Filed 03/09/2012
3/13/2012