Bill Text: MI HB6426 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Highways; construction and repair; actions against county road commissions for highway defects; clarify that they are subject to governmental immunity act. Amends sec. 21 of 1909 PA 283 (MCL 224.21). TIE BAR WITH: HB 6384'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-10-04 - Bill Electronically Reproduced 10/03/2018 [HB6426 Detail]

Download: Michigan-2017-HB6426-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6426

 

 

October 3, 2018, Introduced by Rep. Victory 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.

 

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 Subject to sections 81131 and 82124 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.81131 and 324.82124, a county road commission or, if no county

 

road commission exists, a county shall keep in reasonable repair,

 

so that they are reasonably safe and convenient for public travel,

 

all highways that are within the county roads, bridges, and

 

culverts that are within the road commission's or 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 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.

 

     (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 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.The liability of a county road commission or a county for

 

failure to comply with subsection (2) and the procedure and

 

remedies in an action against the county or county road commission

 

are as provided in 1964 PA 170, MCL 691.1401 to 691.1419.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6384 (request no.

 

05735'18) of the 99th Legislature is enacted into law.