August 8, 2007, Introduced by Rep. Schuitmaker and referred to the Committee on Judiciary.
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
departments, 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 officers, employees, and volunteers and for paying damages
sought or awarded against them; to provide for the legal defense of
public officers, employees, and volunteers; to provide for
reimbursement of public officers and employees for certain legal
expenses; and to repeal acts and parts of acts,"
by amending section 1 (MCL 691.1401), as amended by 2001 PA 131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Governmental agency" means this state or a political
subdivision.
(b) "Governmental function" means an activity that is
expressly or impliedly mandated or authorized by constitution,
statute, local charter or ordinance, or other law. Governmental
function includes the following:
(i) An activity, as directed or assigned by his or her public
employer for the purpose of public safety, performed on public or
private property by a sworn law enforcement officer within the
scope of the law enforcement officer's authority.
(ii) Providing or maintaining safety and rescue equipment or
means of communication with outside sources of assistance at a
public bathing beach.
(c) "Highway" means a public highway, road, or street that is
open for public travel and includes a bridge, sidewalk, trailway,
crosswalk, or culvert on the highway. Highway does not include an
alley, tree, or utility pole.
(d)
(a) "Municipal corporation" means a city,
village, or
township or a combination of 2 or more of these when acting
jointly.
(e) (b)
"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 2 or more of these when acting
jointly; a district or authority authorized by law or formed by 1
or more political subdivisions; or an agency, department, court,
board, or council of a political subdivision.
(f) (c)
"State" means the this state
of Michigan and its
agencies, departments, commissions, courts, boards, councils, and
statutorily created task forces and includes every public
university and college of the state, whether established as a
constitutional corporation or otherwise.
(d)
"Governmental agency" means the state or a political
subdivision.
(e)
"Highway" means a public highway, road, or street that is
open
for public travel and includes bridges, sidewalks, trailways,
crosswalks,
and culverts on the highway. The term highway does not
include
alleys, trees, and utility poles.
(f)
"Governmental function" is an activity that is expressly
or
impliedly mandated or authorized by constitution, statute, local
charter
or ordinance, or other law. Governmental function includes
an
activity, as directed or assigned by his or her public employer
for
the purpose of public safety, performed on public or private
property
by a sworn law enforcement officer within the scope of the
law
enforcement officer's authority.
(g) "Township" includes charter township.
(h) "Volunteer" means an individual who is specifically
designated as a volunteer and who is acting solely on behalf of a
governmental agency.