HOUSE BILL No. 4010


     January 13, 1999, Introduced by Rep. Shulman and referred to the Committee on Family and Civil Law.


        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 depart-
   ments, 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 offi-
   cers and paying damages sought or awarded against them; to pro-
   vide for the legal defense of public officers and employees; to
   provide for reimbursement of public officers and employees for
   certain legal expenses; and to repeal certain acts and parts of
   acts,"

   by amending section 2 (MCL 691.1402), as amended by 1996 PA 150.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1) Each governmental agency having jurisdiction

 2    over a highway shall maintain the highway in reasonable repair so

 3    that it is reasonably safe and convenient for public travel.  A

 4    person  sustaining  WHO SUSTAINS bodily injury or damage to his


   00758'99                                                 TJS
                                              2

 1    or her property by reason of failure of a governmental agency to

 2    keep a highway under its jurisdiction in reasonable repair  , 

 3    and in A condition reasonably safe and fit for travel  ,  may

 4    recover the damages suffered by him or her from the governmental

 5    agency.  The liability, procedure and remedy as to county roads

 6    under the jurisdiction of a county road commission shall be as

 7    provided in section 21 of chapter IV of  Act No. 283 of the

 8     Public Acts of 1909, as amended, being section 224.21 of the

 9     Michigan Compiled Laws  1909 PA 283, MCL 224.21.  The duty of the

10    state and the county road commissions to repair and maintain

11    highways, and the liability for that duty, extends only to the

12    improved portion of the highway designed for vehicular travel and

13    does not include sidewalks, crosswalks, or any other installation

14    outside of the improved portion of the highway designed for

15    vehicular travel.  A TOWNSHIP HAS NO DUTY TO REPAIR OR MAINTAIN,

16    AND IS NOT LIABLE FOR INJURIES ARISING FROM, ANY PORTION OF A

17    COUNTY HIGHWAY OUTSIDE OF THE IMPROVED PORTION OF THE HIGHWAY

18    DESIGNED FOR VEHICULAR TRAVEL, INCLUDING BUT NOT LIMITED TO THE

19    IMPROVED AND UNIMPROVED PORTIONS OF THE HIGHWAY, AND SIDEWALKS,

20    CROSSWALKS, AND OTHER INSTALLATIONS, UNLESS THE TOWNSHIP ASSUMES

21    JURISDICTION OVER THAT PORTION OF THE HIGHWAY OR CONTRACTS WITH

22    THE COUNTY TO MAINTAIN THAT PORTION OF THE HIGHWAY. A judgment

23    against the state based on a claim arising under this section

24    from acts or omissions of the state transportation department is

25    payable only from restricted funds appropriated to the state

26    transportation department or funds provided by its insurer.





   00758'99
                                   3

 1         (2) If the state transportation department contracts with

 2    another governmental agency to perform work on a state trunkline

 3    highway, an action brought under this section for tort liability

 4    arising out of the performance of that work shall be brought only

 5    against the state transportation department under the same cir-

 6    cumstances and to the same extent as if the work had been per-

 7    formed by employees of the state transportation department.  The

 8    state transportation department has the same defenses to the

 9    action as it would have had if the work had been performed by its

10    own employees.  If an action described in this subsection could

11    have been maintained against the state transportation department,

12    it shall not be maintained against the governmental agency that

13    performed the work for the state transportation department.  The

14    governmental agency also has the same defenses that could have

15    been asserted by the state transportation department had the

16    action been brought against the state transportation department.

17         (3) The contractual undertaking of a governmental agency to

18    maintain a state trunkline highway confers contractual rights

19    only on the state transportation department and does not confer

20    third party beneficiary or other contractual rights in any other

21    person to recover damages to person or property from that govern-

22    mental agency.  This subsection does not relieve the state trans-

23    portation department of liability it may have, under this sec-

24    tion, regarding that highway.

25         (4) The duty imposed by this section on a governmental

26    agency is limited by  the provisions of section  SECTIONS 81131

27     of part 811 (off-road recreation vehicles) and section  AND



   00758'99
                                   4

 1    82124  of part 821 (snowmobiles)  of the natural resources and

 2    environmental protection act,  Act No. 451 of the Public Acts of

 3     1994, being sections 324.81131 and 324.82124 of the Michigan

 4     Compiled Laws  1994 PA 451, MCL 324.81131 AND 324.82124.
















































   00758'99          Final page.                            TJS