Bill Text: MI HB5428 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Townships; other; liability of a township within a local alliance for defective roads; provide for. Amends sec. 21 of 1909 PA 283 (MCL 224.21) & adds sec. 21a. TIE BAR WITH: HB 4015'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-27 - Printed Bill Filed 03/27/2014 [HB5428 Detail]
Download: Michigan-2013-HB5428-Introduced.html
HOUSE BILL No. 5428
March 26, 2014, Introduced by Rep. Heise and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1909 PA 283, entitled
"An act to revise, consolidate, and add to the laws relating to the
establishment, opening, discontinuing, vacating, closing, altering,
improvement, maintenance, and use of the public highways and
private roads; the condemnation of property and gravel therefor;
the building, repairing and preservation of bridges; maintaining
public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush
within this state; providing for the election or appointment and
defining the powers, duties, and compensation of state, county,
township, and district highway officials; and to prescribe
penalties and provide remedies,"
by amending section 21 (MCL 224.21), as amended by 1996 PA 23, and
by adding section 21a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21. (1) A board of county road commissioners shall not
contract indebtedness for an amount in excess of the money credited
to the board and received by the county treasurer. However, the
board may incur liability to complete roads under construction and
upon contracts, after a tax is voted, to an amount not exceeding
3/4 of the tax.
(2) A county shall keep in reasonable repair, so that they are
reasonably safe and convenient for public travel, all county roads,
bridges, and culverts that are within the county's jurisdiction,
are
under its care and control, and are
open to public travel. The
provisions of law respecting the liability of townships, cities,
villages, and corporations for damages for injuries resulting from
a failure in the performance of the same duty respecting roads
under their control apply to counties adopting the county road
system.
This subsection is subject to section sections 81131 and
82124
of part 821 (snowmobiles) of the natural resources and
environmental
protection act, Act No. 451 of the Public Acts of
1994,
being section 321.82124 of the Michigan Compiled Laws, and
section
81131 of part 811 (off-road recreation vehicles) of Act No.
451
of the Public Acts of 1994, being section 324.81131 of the
Michigan
Compiled Laws.1994 PA 451,
MCL 324.81131 and 324.82124.
(3) An action arising under subsection (2) shall be brought
against the board of county road commissioners of the county and
service shall be made upon the clerk and upon the chairperson of
the board. The board shall be named in the process as the "board of
county road commissioners of the county of
.......................". Any judgment obtained against the board
of county road commissioners in the action shall be audited and
paid from the county road fund as are other claims against the
board of county road commissioners. However, a board of county road
commissioners is not liable for damages to person or property
sustained by a person upon a county road because of a defective
county road, bridge, or culvert under the jurisdiction of the board
of
county road commissioners , unless
the person serves or causes
to be served within 60 days after the occurrence of the injury a
notice in writing upon the clerk and upon the chairperson of the
board of county road commissioners. The notice shall set forth
substantially the time when and place where the injury took place,
the manner in which it occurred, the known extent of the injury,
the names of any witnesses to the accident, and that the injured
person
receiving the injury intends to hold the county liable for
damages. This section applies to all county roads whether they
become
county roads under this chapter or under Act No. 59 of the
Public
Acts of 1915, being sections 247.418 to 247.481 of the
Michigan
Compiled Laws.1915 PA 59, MCL
247.418 to 247.481.
Sec. 21a. (1) A local alliance shall keep in reasonable
repair, so that they are reasonably safe and convenient for public
travel, all roads, bridges, and culverts that are within the local
alliance's jurisdiction, under its care and control, and open to
public travel. The provisions of law respecting the liability of
counties, cities, villages, and corporations for damages for
injuries resulting from a failure in the performance of the same
duty respecting roads under their control apply to a local
alliance. This subsection is subject to sections 81131 and 82124 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.81131 and 324.82124.
(3) An action arising under subsection (2) shall be brought
against the board of trustees of 1 or more of the townships within
a local alliance, and service shall be made upon the clerk and upon
the chairperson of the board. The board shall be named in the
process as the "board of township trustees of the township of
.......................". Any judgment obtained against the board
of township trustees in the action shall be audited and paid from
the township general fund as are other claims against the board of
township trustees. However, a board of township trustees is not
liable for damages to person or property sustained by a person upon
a road within the jurisdiction of a local alliance because of a
defective road, bridge, or culvert within the jurisdiction of a
local alliance unless the person serves or causes to be served
within 60 days after the occurrence of the injury a notice in
writing upon the clerk and upon the chairperson of the board of
township trustees. The notice shall set forth substantially the
time when and place where the injury took place, the manner in
which it occurred, the known extent of the injury, the names of any
witnesses to the accident, and that the injured person intends to
hold 1 or more townships within a local alliance liable for
damages. This section applies to all roads within the jurisdiction
of a local alliance.
(3) As used in this section, "local alliance" means that term
as defined in section 10c of 1951 PA 51, MCL 247.660c.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4015 of the 97th Legislature is enacted into
law.
