HOUSE BILL No. 4793


     May 17, 2001, Introduced by Reps. Richner, Howell, Gosselin and Godchaux and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1964 PA 170, entitled

   "An act to make uniform the liability of municipal corporations,
   political subdivisions, and the state, its agencies and depart-
   ments, officers, employees, and volunteers thereof, and members
   of certain boards, councils, and task forces when engaged in the
   exercise or discharge of a governmental function, for injuries to
   property and persons; to define and limit this liability; to
   define and limit the liability of the state when engaged in a
   proprietary function; to authorize the purchase of liability
   insurance to protect against loss arising out of this liability;
   to provide for defending certain claims made against public offi-
   cers and paying damages sought or awarded against them; to pro-
   vide for the legal defense of public officers and employees; to
   provide for reimbursement of public officers and employees for
   certain legal expenses; and to repeal certain acts and parts of
   acts,"

   by amending section 1 (MCL 691.1401), as amended by 1999 PA 205.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  As used in this act:

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           (a) "Municipal corporation" means a city, village, or

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      township or a combination of 2 or more of these when acting

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      jointly.


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           (b) "Political subdivision" means a municipal corporation,

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      county, county road commission, school district, community col-

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      lege district, port district, metropolitan district, or transpor-

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      tation authority or a combination of 2 or more of these when

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      acting jointly; a district or authority authorized by law or

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      formed by 1 or more political subdivisions; or an agency, depart-

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      ment, court, board, or council of a political subdivision.

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           (c) "State" means the state of Michigan and its agencies,

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      departments, commissions, courts, boards, councils, and statuto-

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      rily created task forces and includes every public university and

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      college of the state, whether established as a constitutional

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      corporation or otherwise.

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           (d) "Governmental agency" means the state or a political

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      subdivision.

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           (e) "Highway" means a public highway, road, or street that

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      is open for public travel and includes bridges, sidewalks, trail-

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      ways, crosswalks, and culverts on the highway.  The term highway

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      does not include alleys, trees, and utility poles.

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           (f) "Governmental function" is an activity that is expressly

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      or impliedly mandated or authorized by constitution, statute,

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      local charter or ordinance, or other law.  GOVERNMENTAL FUNCTION

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      INCLUDES, BUT IS NOT LIMITED TO, AN ACTIVITY PERFORMED ON PUBLIC

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      OR PRIVATE PROPERTY BY A SWORN LAW ENFORCEMENT OFFICER WITHIN THE

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      SCOPE OF THE LAW ENFORCEMENT OFFICER'S AUTHORITY AS DIRECTED OR

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      ASSIGNED BY HIS OR HER PUBLIC EMPLOYER FOR THE PURPOSE OF PUBLIC

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      SAFETY.





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           (g) "Township" includes charter township.

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           (h) "Volunteer" means an individual who is specifically

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      designated as a volunteer and who is acting solely on behalf of a

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      governmental agency.
















































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