HOUSE BILL No. 5065


     September 20, 2001, Introduced by Reps. Kowall, Pappageorge, George, Voorhees, Ruth Johnson and Scranton and referred to the Committee on
Civil Law and the Judiciary.


        A bill to amend 1931 PA 246, entitled

   "An act to provide for the construction, repair, and maintenance
   of pavements, sidewalks, and elevated structures on or along
   public roads and highways; to provide for the levying of taxes
   and of special assessments; to authorize the borrowing of money
   and the issuance of bonds; to prescribe the powers and duties of
   certain state and local agencies and officers; to validate
   actions taken, special assessments levied, and bonds issued; and
   to provide for the lighting of certain roads, highways, and
   bridges,"

   by amending the title and section 18b (MCL 41.288b), the title as

   amended and section 18b as added by 1989 PA 80.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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                                    TITLE

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           An act to provide for the construction, repair, and mainte-

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      nance of pavements, sidewalks, and elevated structures on or

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      along public roads and highways; to provide for the levying of

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      taxes and of special assessments; to authorize the borrowing of

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      money and the issuance of bonds; to prescribe the powers and


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      duties of certain state and local agencies and officers; to

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      validate actions taken, special assessments levied, and bonds

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      issued; TO REQUIRE NOTICE REGARDING CERTAIN TOWNSHIP LIABILITY;

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      and to provide for the lighting of certain roads, highways, and

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      bridges.

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           Sec. 18b.  (1) The township board of a township, by a major-

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      ity vote at a regular meeting or a special meeting called for

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      that purpose, may authorize the purchase of a public street

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      cleaning vehicle or vehicles and snow removal equipment, and may

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      provide for the maintenance and operation of the vehicles and

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      equipment, payable from the funds of the township.  The written

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      approval of the board of county road commissioners shall first be

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      obtained.

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           (2) A TOWNSHIP IS NOT LIABLE FOR DAMAGES FOR AN INJURY SUS-

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      TAINED BY AN INDIVIDUAL IN THE TOWNSHIP TO THE INDIVIDUAL'S

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      PERSON OR PROPERTY BECAUSE OF SNOW OR ICE ON, OR THE REMOVAL OF

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      SNOW OR ICE FROM, A STREET, SIDEWALK, CROSSWALK, OR PUBLIC HIGH-

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      WAY LOCATED IN THE TOWNSHIP, UNLESS, WITHIN 120 DAYS AFTER THE

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      INJURY OCCURS, THE INDIVIDUAL SERVES A NOTICE IN WRITING ON THE

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      TOWNSHIP CLERK.  THE NOTICE SHALL STATE SUBSTANTIALLY THE TIME

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      WHEN AND PLACE WHERE THE INJURY OCCURRED, THE MANNER IN WHICH IT

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      OCCURRED, THE KNOWN EXTENT OF THE INJURY, AND THAT THE INDIVIDUAL

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      SUSTAINING THE INJURY INTENDS TO HOLD THE TOWNSHIP LIABLE FOR THE

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      INDIVIDUAL'S DAMAGES RESULTING FROM THE INJURY.









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