SENATE BILL NO. 1008


  March 10, 1998, Introduced by Senator BOUCHARD and referred 
       to the Committee on Government Operations.
     


        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 1986 PA 175.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  As used in this act:

 2         (a) "Municipal corporation" means  any  A
             city, village,

 3    township,  or  charter township, or  any
              A combination  thereof 

 4    OF ANY OF THESE, when acting jointly.


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 1         (b) "Political subdivision" means  any  A
             municipal

 2    corporation, county, county road commission, township, charter

 3    township, school district, community college district, port dis-

 4    trict,  or  metropolitan district, transportation
             authority, or

 5     any  A combination  thereof  OF
             ANY OF THESE, when acting

 6    jointly;  , and any  A district or authority
             authorized by law or

 7    formed by 1 or more political subdivisions;  , and any
              OR AN

 8    agency, department, court, board, or council of a political

 9    subdivision.

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

11    departments, commissions, courts, boards, councils, AND statuto-

12    rily created task forces.  , and shall include every
              STATE

13    INCLUDES A public university  and  OR college of
              the  THIS

14    state, whether established as a constitutional corporation or

15    otherwise.

16         (d) "Governmental agency" means  the  THIS
             state, political

17    subdivisions OF THIS STATE, and municipal corporations.

18         (e) "Highway" means  every  A public highway,
             road,  and  OR

19    street  which  THAT is open for public travel.
              and shall

20     include  HIGHWAY INCLUDES bridges, sidewalks,
                       crosswalks, and

21    culverts on any highway.  The term highway does not include

22    alleys, trees, and utility poles.

23         (f) "Governmental function"  is  MEANS an
             activity  which 

24    THAT is expressly or impliedly mandated or authorized by consti-

25    tution, statute, local charter,  or  LOCAL
             ordinance, or other

26    law.  GOVERNMENTAL FUNCTION INCLUDES AN ACTIVITY THE EXPENSES FOR

27    WHICH ARE CHARGED TO OR REIMBURSED BY A PRIVATE ENTITY.



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 1         (g) "Volunteer" means an individual who is specifically

 2    designated as  such  A VOLUNTEER and who is acting
             solely on

 3    behalf of a governmental agency.


















































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