HOUSE BILL No. 5989


     May 2, 2002, Introduced by Rep. Callahan and referred to the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9947) by adding section 2973.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 2973.  (1) A PERSON IS LIABLE TO A GOVERNMENTAL UNIT

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        FOR THE ACTUAL COSTS THAT THE GOVERNMENTAL UNIT INCURS IN RESCU-

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        ING THE PERSON FROM A BODY OF WATER IN THIS STATE UNDER EITHER OF

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        THE FOLLOWING CIRCUMSTANCES:

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             (A) THE PERSON FAILS TO HEED SAFETY WARNINGS CONCERNING THE

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        CONDITION OF THE ICE OR THE WEATHER CONDITIONS ON OR NEAR THE

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        WATER.

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             (B) A REASONABLE PERSON WOULD REFRAIN FROM ENTERING ONTO THE

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        ICE OR INTO THE WATER IN LIGHT OF CLIMATE CONDITIONS, THE

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        CONDITION OF THE ICE, OR BOTH.




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             (2) A PERSON'S LACK OF KNOWLEDGE OF THE SAFETY WARNINGS IS

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        NOT A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION.

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             (3) AS USED IN THIS SECTION:

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             (A) "GOVERNMENTAL UNIT" MEANS A DEPARTMENT OR AGENCY OF THIS

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        STATE OR OF ANY POLITICAL SUBDIVISION OF THIS STATE, INCLUDING,

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        BUT NOT LIMITED TO, A COUNTY, CITY, TOWNSHIP, OR VILLAGE.

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             (B) "SAFETY WARNINGS" MEANS WARNINGS ISSUED, POSTED, OR OTH-

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        ERWISE MADE AVAILABLE TO THE PUBLIC BY A GOVERNMENTAL UNIT.








































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