April 19, 2012, Introduced by Senators NOFS, PAPPAGEORGE, SCHUITMAKER, PROOS, WALKER, COLBECK and JANSEN and referred to the Committee on Energy and Technology.
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 13 (MCL 691.1413), as amended by 1986 PA 175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
13. The immunity of the a governmental agency shall does
not apply to actions to recover for bodily injury or property
damage
arising out of the performance of a proprietary function. as
defined
in this section. Proprietary function shall mean
(2) The acts or omissions of a municipal corporation with
respect to its obligations under the underground facility damage
prevention and safety act shall be considered to be proprietary
functions rather than governmental functions, regardless of any
taxes or fees that support the activity.
(3) As used in this section, "proprietary function" means any
activity
which that is conducted primarily for the purpose of
producing
a pecuniary profit for the governmental agency. ,
excluding,
however, Proprietary function
does not include any
activity
normally supported by taxes or fees. No action shall be
brought
against the governmental agency for injury or property
damage
arising out of the operation of proprietary function, except
for
injury or loss suffered on or after July 1, 1965.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1083
of the 96th Legislature is enacted into law.