HOUSE BILL No. 4629


     April 15, 1997, Introduced by Reps. Cropsey, Brewer, Kaza, Hammerstrom, Brackenridge, Hanley, Fitzgerald, Llewellyn, Freeman, Lowe, McBryde, Schroer, Oxender, McManus, Dalman, Goschka, Willard, Raczkowski, Baird, Martinez and Perricone 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 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,"

   by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 7.  (1) Except as otherwise provided in this act,  all

 2     governmental agencies shall be  A GOVERNMENTAL AGENCY IS immune

 3    from tort liability  in all cases wherein  IF the  government 

 4    GOVERNMENTAL agency is engaged in the exercise or discharge of a


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 1    governmental function.  Except as otherwise provided in this act,

 2    this act  shall not be construed as modifying or restricting 

 3    DOES NOT MODIFY OR RESTRICT the immunity of the state from tort

 4    liability as it existed before July 1, 1965, which immunity is

 5    affirmed.

 6         (2) Except as otherwise provided in this section, and with-

 7    out regard to the discretionary or ministerial nature of the con-

 8    duct in question, each officer and employee of a governmental

 9    agency, each volunteer acting on behalf of a governmental agency,

10    and each member of a board, council, commission, or statutorily

11    created task force of a governmental agency  shall be  IS immune

12    from tort liability for  injuries to persons or damages  AN

13    INJURY TO A PERSON OR DAMAGE to property caused by the officer,

14    employee, or member while in the course of employment or service

15    or CAUSED BY THE volunteer while acting on behalf of a governmen-

16    tal agency, if all of the following are met:

17         (a) The officer, employee, member, or volunteer is acting or

18    reasonably believes he or she is acting within the scope of his

19    or her authority.

20         (b) The governmental agency is engaged in the exercise or

21    discharge of a governmental function.

22         (c) The officer's, employee's, member's, or volunteer's con-

23    duct does not amount to gross negligence that is  the  A proxi-

24    mate cause of the injury or damage.  As used in this subdivision,

25    "gross negligence" means conduct so reckless as to demonstrate a

26    substantial lack of concern for whether an injury results.





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 1         (3) Subsection (2)  shall  DOES not  be construed as

 2     altering  ALTER the law of intentional torts as it existed before

 3    July 7, 1986.

 4         (4) This act does not grant immunity to a governmental

 5    agency OR AN EMPLOYEE OR AGENT OF A GOVERNMENTAL AGENCY with

 6    respect to  the ownership or operation of a hospital or county

 7     medical care facility or to the agents or employees of such hos-

 8     pital or county medical care facility.  As used in this

 9     subsection:  PROVIDING MEDICAL CARE OR TREATMENT TO A PATIENT,

10    EXCEPT MEDICAL CARE OR TREATMENT PROVIDED TO A PATIENT IN A HOS-

11    PITAL OWNED OR OPERATED BY THE DEPARTMENT OF COMMUNITY HEALTH OR

12    A HOSPITAL OWNED OR OPERATED BY THE DEPARTMENT OF CORRECTIONS.

13          (a) "County medical care facility" means that term as

14     defined in section 20104 of the public health code, Act No. 368

15     of the Public Acts of 1978, being section 333.20104 of the

16     Michigan Compiled Laws.

17          (b) "Hospital" means a facility offering inpatient, over-

18     night care, and services for observation, diagnosis, and active

19     treatment of an individual with a medical, surgical, obstetric,

20     chronic, or rehabilitative condition requiring the daily direc-

21     tion or supervision of a physician.  The term does not include a

22     hospital owned or operated by the department of mental health or

23     a hospital operated by the department of corrections. 

24         (5) Judges, legislators, and the elective or highest

25    appointive executive officials of all levels of government are

26    immune from tort liability for injuries to persons or damages to

27    property  whenever they are  IF THE JUDGE, LEGISLATOR, OR



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 1    OFFICIAL IS acting within the scope of  their  HIS OR HER

 2    judicial, legislative, or executive authority.

 3         (6) A guardian ad litem is immune from civil liability for

 4     injuries to persons or damages  AN INJURY TO A PERSON OR DAMAGE

 5    to property  whenever  IF he or she is acting within the scope of

 6    his or her authority as guardian ad litem.  This subsection

 7    applies to actions filed before, on, or after  the effective date

 8     of the amendatory act that added this subsection  MAY 1, 1996.








































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