June 3, 2004, Introduced by Reps. Ruth Johnson, Vander Veen, Rocca, Nitz, Shaffer, Garfield, Pappageorge and Taub and referred to the Committee on 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
departments, 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 officers, employees, and volunteers and for paying damages
sought or awarded against them; to provide for the legal defense
of public officers, employees, and volunteers; to provide for
reimbursement of public officers and employees for certain legal
expenses; and to repeal acts and parts of acts,"
by amending sections 1 and 7 (MCL 691.1401 and 691.1407), section
1 as amended by 2001 PA 131 and section 7 as amended by 2000 PA
318.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. As used in this act:
2 (a) "Governmental agency" means the state or a political
1 subdivision.
2 (b) "Governmental function" means an activity that is
3 expressly or impliedly mandated or authorized by constitution,
4 statute, local charter or ordinance, or other law. Governmental
5 function includes an activity, as directed or assigned by his or
6 her public employer for the purpose of public safety, performed
7 on public or private property by a sworn law enforcement officer
8 within the scope of the law enforcement officer's authority.
9 (c) "Gross negligence" means conduct so reckless as to
10 demonstrate a substantial lack of concern for whether an injury
11 results.
12 (d) "Highway" means a public highway, road, or street that is
13 open for public travel and includes bridges, sidewalks,
14 trailways, crosswalks, and culverts on the highway. The term
15 highway does not include alleys, trees, and utility poles.
16 (e) (a) "Municipal
corporation" means a city, village, or
17 township or a combination of 2 or more of these when acting
18 jointly.
19 (f) (b) "Political
subdivision" means a municipal
20 corporation, county, county road commission, school district,
21 community college district, port district, metropolitan district,
22 or transportation authority or a combination of 2 or more of
23 these when acting jointly; a district or authority authorized by
24 law or formed by 1 or more political subdivisions; or an agency,
25 department, court, board, or council of a political subdivision.
26 (g) (c) "State"
means the state of Michigan and its
27 agencies, departments, commissions, courts, boards, councils, and
1 statutorily created task forces and includes every public
2 university and college of the state, whether established as a
3 constitutional corporation or otherwise.
4 (d)
"Governmental agency" means the state or a political
5 subdivision.
6 (e)
"Highway" means a public highway, road, or street that is
7 open for public travel
and includes bridges, sidewalks,
8 trailways, crosswalks,
and culverts on the highway. The term
9 highway does not
include alleys, trees, and utility poles.
10 (f)
"Governmental function" is an activity that is expressly
11 or impliedly mandated
or authorized by constitution, statute,
12 local charter or
ordinance, or other law. Governmental function
13 includes an activity,
as directed or assigned by his or her
14 public employer for
the purpose of public safety, performed on
15 public or private
property by a sworn law enforcement officer
16 within the scope of
the law enforcement officer's authority.
17 (h) (g) "Township"
includes charter township.
18 (i) (h) "Volunteer"
means an individual who to whom 1 or
19 more of the following apply:
20 (i) The individual is specifically designated as a volunteer
21 and who is
acting solely on behalf of a governmental agency.
22 (ii) The individual is licensed to practice 1 or more of the
23 following, is acting within the scope of the license, and is
24 assisting, whether for pecuniary compensation or not, law
25 enforcement officers while they are engaged in tactical
26 operations:
27 (A) Medicine, osteopathic medicine and surgery, or as a
1 registered professional nurse, under article 15 of the public
2 health code, 1978 PA 368, MCL 333.16101 to 333.18838.
3 (B) As an emergency medical technician, emergency medical
4 technician specialist, or paramedic under part 209 of the public
5 health code, 1978 PA 368, MCL 333.20901 to 333.20979.
6 Sec. 7. (1) Except as otherwise provided in this act, a
7 governmental agency is immune from tort liability if the
8 governmental agency is engaged in the exercise or discharge of a
9 governmental function. Except as otherwise provided in this act,
10 this act does not modify or restrict the immunity of the state
11 from tort liability as it existed before July 1, 1965, which
12 immunity is affirmed.
13 (2) Except as otherwise provided in this section, and without
14 regard to the discretionary or ministerial nature of the conduct
15 in question, each officer and employee of a governmental agency,
16 each volunteer acting on behalf of a governmental agency, and
17 each member of a board, council, commission, or statutorily
18 created task force of a governmental agency is immune from tort
19 liability for an injury to a person or damage to property caused
20 by the officer, employee, or member while in the course of
21 employment or service or caused by the volunteer while acting on
22 behalf of a governmental agency if all of the following are met:
23 (a) The officer, employee, member, or volunteer is acting or
24 reasonably believes he or she is acting within the scope of his
25 or her authority.
26 (b) The governmental agency is engaged in the exercise or
27 discharge of a governmental function.
1 (c) The officer's, employee's, member's, or volunteer's
2 conduct does not amount to gross negligence that is the proximate
3 cause of the injury or
damage. As used in this subdivision,
4 "gross
negligence" means conduct so reckless as to demonstrate a
5 substantial lack of
concern for whether an injury results.
6 (3) Subsection (2) does not alter the law of intentional
7 torts as it existed before July 7, 1986.
8 (4) Except as
provided in section 7a, this This act does
9 not grant immunity to a governmental agency or an employee or
10 agent of a governmental agency with respect to providing medical
11 care or treatment to a patient, except medical care or treatment
12 provided to a patient in a hospital owned or operated by the
13 department of community health or a hospital owned or operated by
14 the department of corrections and except care or treatment
15 provided by a volunteer as defined in section 1(i)(ii).
16 (5) A judge, a legislator, and the elective or highest
17 appointive executive official of all levels of government are
18 immune from tort liability for injuries to persons or damages to
19 property if he or she is acting within the scope of his or her
20 judicial, legislative, or executive authority.
21 (6) A guardian ad litem is immune from civil liability for an
22 injury to a person or damage to property if he or she is acting
23 within the scope of his or her authority as guardian ad litem.
24 This subsection applies to actions filed before, on, or after May
25 1, 1996.