HOUSE BILL No. 5208


     December 10, 1999, Introduced by Rep. Richner 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 GOVERNMENTAL UNIT THAT INCURS THE COST OF

 2    OR IS BILLED FOR A SEARCH, RESCUE, OR BOTH, OF 1 OF ITS RESIDENTS

 3    WHO IS 10 YEARS OF AGE OR OLDER MAY SEEK REIMBURSEMENT FOR THE

 4    ACTUAL COST INCURRED FROM THE RESIDENT IF THE NEED FOR THE

 5    SEARCH, RESCUE, OR BOTH, NECESSITATED THE USE OF EXTRAORDINARY

 6    METHODS AND WAS CAUSED BY 1 OR MORE OF THE FOLLOWING:

 7         (A) THE RESIDENT'S INTENTIONAL ACT IN KNOWING VIOLATION OF A

 8    FEDERAL OR STATE LAW OR LOCAL ORDINANCE.

 9         (B) AN ACT OR OMISSION BY THE PERSON SEARCHED FOR OR

10    RESCUED, OR BOTH, THAT SHOWS WANTON AND RECKLESS MISCONDUCT IN

11    DISREGARD FOR HIS OR HER SAFETY.


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 1         (2) THE GOVERNMENTAL UNIT SHALL NOT COLLECT THE COSTS

 2    DESCRIBED IN SUBSECTION (1) FROM A PERSON WHO THE GOVERNMENTAL

 3    UNIT DETERMINES IS UNABLE TO PAY THE COSTS.

 4         (3) THE GOVERNMENTAL UNIT SHALL NOT COLLECT MORE THAN

 5    $1,000.00 FROM A RESIDENT UNDER THIS SECTION.

 6         (4) AS USED IN THIS SECTION:

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

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

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

10         (B) "PERSON" MEANS ANY INDIVIDUAL.




































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