June 5, 2018, Introduced by Reps. Phelps and Neeley 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 section 1 (MCL 691.1401), as amended by 2012 PA 50, and
by adding section 6b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Governmental agency" means this state or a political
subdivision.
(b) "Governmental function" means an activity that is
expressly or impliedly mandated or authorized by constitution,
statute, local charter or ordinance, or other law. Governmental
function includes an activity performed on public or private
property by a sworn law enforcement officer within the scope of the
law enforcement officer's authority, as directed or assigned by his
or her public employer for the purpose of public safety.
(c) "Highway" means a public highway, road, or street that is
open for public travel. Highway includes a bridge, sidewalk,
trailway, crosswalk, or culvert on the highway. Highway does not
include an alley, tree, or utility pole.
(d) "Municipal corporation" means a city, village, or township
or a combination of 2 or more of these when acting jointly.
(e) "Political subdivision" means a municipal corporation,
county, county road commission, school district, community college
district, port district, metropolitan district, or transportation
authority or a combination of 2 or more of these when acting
jointly; a district or authority authorized by law or formed by 1
or more political subdivisions; or an agency, department, court,
board, or council of a political subdivision.
(f) "Sidewalk", except as used in subdivision (c), means a
paved public sidewalk intended for pedestrian use situated outside
of and adjacent to the improved portion of a highway designed for
vehicular travel.
(g) "State" means this state and its agencies, departments,
commissions, courts, boards, councils, and statutorily created task
forces. State includes a public university or college of this
state, whether established as a constitutional corporation or
otherwise.
(h) "Township" means a general law township or a charter
township.
(i) "Volunteer" means an individual who is specifically
designated as a volunteer and who is acting solely on behalf of a
governmental agency.
(j) "Water emergency" means a state of emergency proclaimed by
the governor under the emergency management act, 1976 PA 390, MCL
30.401 to 30.421, because of harmful effects of untreated drinking
water on a municipal corporation's water infrastructure, which
caused the leaching of lead into the water, which caused damage to
the water system and potential negative health impacts to residents
of the municipal corporation.
Sec. 6b. If the negligence of an officer, agent, or employee
of this state results in a water emergency, this state is liable
for bodily injury and property damage that are proximately caused
by the negligence of the officer, agent, or employee.
Enacting section 1. This amendatory act applies retroactively
to conduct that resulted in the declaration after January 1, 2016
of a water emergency.