HOUSE BILL No. 4407


     March 10, 1999, Introduced by Rep. Callahan and referred to the Committee on Family and Civil Law.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2969.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2969.  (1) A PERSON IS LIABLE TO PAY THE ACTUAL COSTS

 2    THAT A GOVERNMENTAL UNIT INCURS IN RESCUING THE PERSON IN PERIL

 3    FROM A BODY OF WATER IN THIS STATE UNDER EITHER OF THE FOLLOWING

 4    CIRCUMSTANCES:

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

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

 7    WATER.

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

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

10    CONDITION OF THE ICE, OR BOTH.




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

 2    NOT A DEFENSE TO A CAUSE OF ACTION BROUGHT UNDER THIS SECTION.

 3         (3) AS USED IN THIS SECTION:

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

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

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

 7         (B) "PERSON" MEANS ANY INDIVIDUAL.

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

 9    ERWISE MADE AVAILABLE TO THE PUBLIC BY A GOVERNMENTAL UNIT.






































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