SENATE BILL No.
848



   October 26, 1999, Introduced by Senators BULLARD, HOFFMAN and ROGERS 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,"

   (MCL 691.1401 to 691.1415) by adding section 7a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 7A.  (1) SUBJECT TO SUBSECTION (2), A GOVERNMENTAL

 2    AGENCY, AN OFFICER OR EMPLOYEE OF A GOVERNMENTAL AGENCY, A

 3    VOLUNTEER ACTING ON BEHALF OF A GOVERNMENTAL AGENCY, OR A MEMBER

 4    OF A BOARD, COUNCIL, COMMISSION, OR STATUTORILY CREATED TASK


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 1    FORCE OF A GOVERNMENTAL AGENCY HAS THE SAME IMMUNITY PROVIDED BY

 2    SECTION 7 FOR THE PERFORMANCE OF AN ACTIVITY THAT IS A GOVERNMEN-

 3    TAL FUNCTION EVEN IF A PRIVATE ENTITY PAYS OR REIMBURSES THE GOV-

 4    ERNMENTAL AGENCY FOR THE EXPENSES OF THE GOVERNMENTAL FUNCTION.

 5    IN DETERMINING IF AN ACTIVITY TO WHICH THIS SECTION APPLIES IS A

 6    GOVERNMENTAL FUNCTION, THE COURT SHALL CONSIDER THE ACTIVITY TO

 7    BE THE DIRECT ACTS OF, OR THE SERVICES DIRECTLY PROVIDED BY, THE

 8    GOVERNMENTAL AGENCY, OFFICER, EMPLOYEE, VOLUNTEER, OR MEMBER, AND

 9    SHALL CONSIDER PRIVATE ACTIVITY THAT IS THE REASON FOR THE GOV-

10    ERNMENTAL ACTS OR SERVICES AS SEPARATE FROM THOSE ACTS OR

11    SERVICES.

12         (2) SUBSECTION (1) DOES NOT APPLY TO AN OFFICER OR EMPLOYEE

13    OF A GOVERNMENTAL AGENCY WHO IS A LAW ENFORCEMENT OFFICER UNLESS

14    THE LAW ENFORCEMENT OFFICER IS ON DUTY.





























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