HOUSE BILL No. 4706


     May 3, 2001, Introduced by Reps. DeVuyst, Wojno, Ehardt, Voorhees, Tabor, Godchaux, Gilbert, Bisbee and Jansen and referred to the Committee
on Conservation and Outdoor Recreation.


        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 16.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 16.  (1) EXCEPT AS OTHERWISE PROVIDED IN

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      SUBSECTION (2), A MUNICIPAL CORPORATION IS IMMUNE FROM CIVIL

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      LIABILITY FOR DAMAGES CAUSED AS THE RESULT OF THE BACKUP OF A

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      SEWER OR DRAIN SYSTEM BUILT, OPERATED, MAINTAINED, OR REPAIRED,


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      OR OTHERWISE UNDER THE JURISDICTION OF, THE MUNICIPAL

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      CORPORATION.  THIS IMMUNITY APPLIES REGARDLESS OF THE THEORY OF

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      LIABILITY UNDER WHICH A CLAIM IS BROUGHT.

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           (2) SUBSECTION (1) DOES NOT APPLY TO AN ACT OR OMISSION BY

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      THE MUNICIPAL CORPORATION RELATED TO SUCH A SEWER OR DRAIN SYSTEM

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      THAT AMOUNTS TO GROSS NEGLIGENCE.












































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