LIMIT MUNICIPAL LIABILITY

FOR SEWER BACKUPS

House Bill 4148

Sponsor: Rep. Joseph Rivet

Committee: Civil Law and the Judiciary

Complete to 2-13-01

A SUMMARY OF HOUSE BILL 4148 AS INTRODUCED 2-07-01

The bill would amend Public Act 170 of 1964, the governmental immunity act, to add a new section to make municipal corporations immune from civil liability for damages caused as the result of a sewer or drain system built, operated, maintained, or repaired, or otherwise under the municipal corporation's jurisdiction. This immunity would apply regardless of the theory of liability under which a claim were brought. The bill would not apply in cases of gross negligence, nor would it alter a municipal corporation's immunity from civil liability for the backup of a sewer or drain system afforded by another section of the act.

MCL 691.1416

Analyst: S. Ekstrom

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.