March 17, 2005, Introduced by Reps. Kahn, Taub, Ball, Jones, Gosselin and Marleau and referred to the Committee on Judiciary.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending section 11 (MCL 30.411), as amended by 2002 PA 132.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) Personnel of disaster relief forces while on duty
are subject to all of the following provisions:
(a)
If they are an employee employees of this state, they
have the powers, duties, rights, privileges, and immunities of and
receive the compensation incidental to their employment.
(b) If they are employees of a political subdivision of this
state, regardless of where serving, they have the powers, duties,
rights, privileges, and immunities and receive the compensation
incidental to their employment.
(c) If they are not employees of this state or a political
subdivision of this state, they are entitled to the same rights and
immunities as provided by law for the employees of this state. All
personnel of disaster relief forces shall, while on duty, be
subject to the operational control of the authority in charge of
disaster relief activities in the area in which they are serving,
and shall be reimbursed for all actual and necessary travel and
subsistence expenses.
(2) This state, any political subdivision of this state, or
the employees, agents, or representatives of this state or any
political subdivision of this state are not liable for personal
injury or property damage sustained by any person appointed or
acting
as a member of disaster relief forces. This act shall does
not affect the right of a person to receive benefits or
compensation to which he or she may otherwise be entitled to under
the worker's disability compensation act of 1969, 1969 PA 317, MCL
418.101 to 418.941, any pension law, or any act of congress.
(3) This state or a political subdivision of this state
engaged in disaster relief activity is not liable for the death of
or injury to a person or persons, or for damage to property, as a
result of that activity. The employees, agents, or representatives
of this state or a political subdivision of this state and
nongovernmental disaster relief force workers or private or
volunteer personnel engaged in disaster relief activity are immune
from tort liability to the extent provided under section 7 of 1964
PA 170, MCL 691.1407. As used in this section, "disaster relief
activity" includes training for or responding to an actual,
impending, mock, or practice disaster or emergency.
(4) A person licensed to practice medicine or osteopathic
medicine and surgery, or a licensed hospital, registered nurse,
practical
nurse, dentist, veterinarian, or paramedical person
pharmacist, pharmacist intern, or paramedic, whether licensed in
this or another state or by the federal government or a branch of
the armed forces of the United States, or a student nurse
undergoing training in a licensed hospital in this or another
state, that renders services during a state of disaster declared by
the governor and at the express or implied request of a state
official or agency or county or local coordinator or executive
body, is considered an authorized disaster relief worker or
facility and is not liable for an injury sustained by a person by
reason of those services, regardless of how or under what
circumstances or by what cause those injuries are sustained. The
immunity granted by this subsection does not apply in the event of
a willful act or omission. If a civil action for malpractice is
filed alleging a willful act or omission resulting in injuries, the
services rendered that resulted in those injuries shall be judged
according to the standards required of persons licensed in this
state to perform those services.
(5) A licensed dentist, veterinarian, registered nurse,
practical
nurse, or licensed paramedical person pharmacist,
pharmacist intern, or paramedic, whether licensed in this or
another state or by the federal government or a branch of the armed
forces of the United States, or a student nurse undergoing training
in a licensed hospital in this or another state, during a state of
disaster declared by the governor, may practice, in addition to the
authority granted by other statutes of this state, the
administration of anesthetics; minor surgery; intravenous,
subcutaneous, or intramuscular procedure; or oral and topical
medication; or a combination of these under the supervision of a
member of the medical staff of a licensed hospital of this state,
and may assist the staff member in other medical and surgical
proceedings.
(6) A person owning or controlling real estate or other
premises who voluntarily and without compensation grants to this
state or a political subdivision of this state a license or
privilege, or otherwise permits this state or a political
subdivision of this state to inspect, designate, and use the whole
or any part or parts of the real estate or other premises for the
purpose of sheltering persons during an actual, impending, mock, or
practice disaster, together with his or her successors in interest,
if any, is not civilly liable for negligently causing the death of
or injury to any person on or about the real estate or premises
under the license, privilege, or permission or for loss or damage
to the property of the person.
(7) A person owning or controlling real estate or other
premises who has gratuitously granted the use of the real estate or
other premises for the purposes stated in this section is legally
obligated to make known to the licensee any hidden dangers or
safety hazards that are known to the owner or occupant of the real
estate or premises that might possibly result in the death or
injury or loss of property to a person using the real estate or
premises.