LIABILITY FOR RESCUE COSTS
House Bill 5989
Sponsor: Rep. William Callahan
Committee: Conservation and Outdoor Recreation
Complete to 7-30-02
A SUMMARY OF HOUSE BILL 5989 AS INTRODUCED 5-2-02
The bill would amend the Revised Judicature Act of 1961 (Public Act 236) to require, under certain circumstances, a person who was rescued from a body of water in the state to pay the costs of his or her rescue to the governmental unit that incurred those costs.
Under the bill, a person would be liable for rescue costs incurred by a governmental unit if the person failed to take note of safety warnings regarding the conditions of the ice or the weather on or near the body of water; or where he or she went onto the ice or into the water when a reasonable person would have refrained from doing so in light of the climate conditions, the conditions of the ice, or both. A lack of knowledge about the safety warnings would not be a defense to a cause of action to collect payment. Safety warnings would include warnings issued, posted, or otherwise made available to the public by a governmental unit.
Proposed MCL 600.2973 [Note: Public Act 209 of 2002, which pertains to the destruction of field crops used for testing or research, already added section 2973 to the Revised Judicature Act.]
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.