MUNICIPAL LIABILITY: SEWAGE - S.B. 109: COMMITTEE SUMMARY
Senate Bill 109 (as introduced 2-6-01)
Sponsor: Senator Shirley Johnson
Committee: Natural Resources and Environmental Affairs
Date Completed: 2-13-01
CONTENT
The bill would amend the governmental immunity Act to provide that a political subdivision would be immune from civil liability for noneconomic damages caused as the result of the backup of a sewer system built, operated, maintained, or repaired, or otherwise under the jurisdiction of, the political subdivision if the political subdivision were in full compliance with an order, permit, or other document with an enforceable schedule for addressing the political subdivision's sewage-related water pollution problems that was issued by the Department of Environmental Quality or entered into as part of an action brought by the State against the political subdivision.
(Under the Act, "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 two or more of these acting jointly; a district or authority authorized by law or formed by one or more political subdivisions; or an agency, department, court, board, or council of a political subdivision.)
Proposed MCL 691.1416 - Legislative Analyst: N. Nagata
FISCAL IMPACT
The bill would have an indeterminate impact on local units of government. The extent to which the bill would prevent the payment of noneconomic damages is not determinable.
- Fiscal Analyst: B. BowermanS0102\s109sa
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.