HOUSE BILL No. 5063 October 27, 1999, Introduced by Reps. Julian, Caul, Kukuk, Gilbert, Stamas, Toy, Woronchak, LaSata, Neumann, Cherry, Switalski, Spade, Dennis, O'Neill, Woodward, Callahan, Schauer, Thomas, Garza, Clark, Vaughn, Hardman, Pestka, Rivet, Prusi, Tesanovich, Bob Brown, Daniels, Stallworth, Quarles, Brewer, Kelly, LaForge, DeHart, Schermesser, Tabor, DeWeese, Garcia, Allen, Raczkowski and Lemmons and referred to the Committee on Family and Civil Law. 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 7 (MCL 691.1407), as amended by 1996 PA 143. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7. (1) Except as otherwise provided in this act,all2governmental agencies shall beA GOVERNMENTAL AGENCY IS immune 3 from tort liabilityin all cases whereinIF thegovernment4 GOVERNMENTAL agency is engaged in the exercise or discharge of a 02979'99 GWH 2 1 governmental function. Except as otherwise provided in this act, 2 this actshall not be construed as modifying or restricting3 DOES NOT MODIFY OR RESTRICT the immunity of the state from tort 4 liability as it existed before July 1, 1965, which immunity is 5 affirmed. 6 (2) Except as otherwise provided in this section, and with- 7 out regard to the discretionary or ministerial nature of the con- 8 duct in question, each officer and employee of a governmental 9 agency, each volunteer acting on behalf of a governmental agency, 10 and each member of a board, council, commission, or statutorily 11 created task force of a governmental agencyshall beIS immune 12 from tort liability forinjuries to persons or damagesAN 13 INJURY TO A PERSON OR DAMAGE to property caused by the officer, 14 employee, or member while in the course of employment or service 15 or CAUSED BY THE volunteer while acting on behalf of a governmen- 16 tal agency, if all of the following are met: 17 (a) The officer, employee, member, or volunteer is acting or 18 reasonably believes he or she is acting within the scope of his 19 or her authority. 20 (b) The governmental agency is engaged in the exercise or 21 discharge of a governmental function. 22 (c) The officer's, employee's, member's, or volunteer's con- 23 duct does not amount to gross negligence that istheA proxi- 24 mate cause of the injury or damage. As used in this subdivision, 25 "gross negligence" means conduct so reckless as to demonstrate a 26 substantial lack of concern for whether an injury results. 02979'99 3 1 (3) Subsection (2)shallDOES notbe construed as2alteringALTER the law of intentional torts as it existed before 3 July 7, 1986. 4 (4) This act does not grant immunity to a governmental 5 agency OR AN EMPLOYEE OR AGENT OF A GOVERNMENTAL AGENCY with 6 respect tothe ownership or operation of a hospital or county7medical care facility or to the agents or employees of such8 MEDICAL CARE PROVIDED IN A hospital or county medical care 9 facility. As used in this subsection: 10 (a) "County medical care facility" means that term as 11 defined in section 20104 of the public health code,Act No. 36812of the Public Acts of 1978, being section 333.20104 of the13Michigan Compiled Laws1978 PA 368, MCL 333.20104. 14 (b) "Hospital" means a facility offering inpatient, over- 15 night care, and services for observation, diagnosis, and active 16 treatment of an individual with a medical, surgical, obstetric,17chronic, or rehabilitativecondition requiring the daily direc- 18 tion or supervision of a physician.The termHOSPITAL does not 19 include ahospitalMENTAL HEALTH FACILITY owned or operated by 20 the department ofmentalCOMMUNITY health or ahospital21 HEALTH FACILITY operated by the department of corrections. 22 (5) Judges, legislators, and the elective or highest 23 appointive executive officials of all levels of government are 24 immune from tort liability for injuries to persons or damages to 25 propertywhenever they areIF THE JUDGE, LEGISLATOR, OR OFFI- 26 CIAL IS acting within the scope oftheirHIS OR HER judicial, 27 legislative, or executive authority. 02979'99 4 1 (6) A guardian ad litem is immune from civil liability for 2injuries to persons or damagesAN INJURY TO A PERSON OR DAMAGE 3 to propertywheneverIF he or she is acting within the scope of 4 his or her authority as guardian ad litem. This subsection 5 applies to actions filed before, on, or afterthe effective date6of the amendatory act that added this subsectionMAY 1, 1996. 7 Enacting section 1. This amendatory act applies only to 8 causes of action arising on or after the effective date of this 9 amendatory act. 02979'99 Final page. GWH