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.