SENATE BILL No. 109

February 6, 2001, Introduced by Senators JOHNSON, HAMMERSTROM, DUNASKISS, GOUGEON, SHUGARS, NORTH and BULLARD and referred to the Committee

on Natural Resources and Environmental Affairs.

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,"

(MCL 691.1401 to 691.1415) by adding section 16.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 16. A POLITICAL SUBDIVISION IS IMMUNE FROM CIVIL

2 LIABILITY FOR NONECONOMIC DAMAGES CAUSED AS THE RESULT OF THE

3 BACKUP OF A SEWER SYSTEM BUILT, OPERATED, MAINTAINED, OR

4 REPAIRED, OR OTHERWISE UNDER THE JURISDICTION OF, THE POLITICAL

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1 SUBDIVISION IF THE POLITICAL SUBDIVISION IS IN FULL COMPLIANCE

2 WITH AN ORDER, PERMIT, OR OTHER DOCUMENT WITH AN ENFORCEABLE

3 SCHEDULE FOR ADDRESSING THE POLITICAL SUBDIVISION'S

4 SEWAGE-RELATED WATER POLLUTION PROBLEMS THAT WAS ISSUED BY THE

5 DEPARTMENT OF ENVIRONMENTAL QUALITY OR ENTERED INTO AS PART OF AN

6 ACTION BROUGHT BY THE STATE AGAINST THE POLITICAL SUBDIVISION.

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