GOV'TAL IMMUNITY: PRIVATE ACTIVITIES - S.B. 1008: FLOOR ANALYSIS

Senate Bill 1008 (as reported with amendment)

Sponsor: Senator Michael J. Bouchard

Committee: Government Operations

CONTENT

The bill would amend the governmental immunity Act to provide that the term "governmental function" would include an activity on public or private property, whose expenses were charged to or reimbursed by a private entity. The Act defines "governmental function" as an activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter, ordinance, or other law.

Under the Act, a governmental agency (the State, a political subdivision, or a municipal corporation) is immune from tort liability when the governmental agency is engaged in the exercise or discharge of a governmental function (except in cases involving highway negligence, dangerous or defective public buildings, or the negligent operation of a government-owned motor vehicle).

MCL 691.1401 - Legislative Analyst: S. Lowe

FISCAL IMPACT

The bill would have an indeterminate impact on State and local units of government. The savings to governmental units would depend on the extent to which the bill would preclude potential future liability of governmental units.

Date Completed: 4-30-98 - Fiscal Analyst: B. Bowerman

FLOOR\SB1008 - Analysis available @ http://www.michiganlegislature.org

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.