HOUSE BILL No. 4960


     June 14, 2001, Introduced by Rep. Patterson and referred to the Committee on Civil Law and the 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 14 (MCL 691.1414).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 14.   Chapter 22 of Act No. 283 of the Public Acts of

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      1909, as amended, being sections 242.1 to 242.8 of the Compiled

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      Laws of 1948; section 2904 of Act No. 236 of the Public Acts of

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      1961, being section 600.2904 of the Compiled Laws of 1948; Act


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      No. 59 of the Public Acts of 1951, as amended, being sections

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      124.101 to 124.103 of the Compiled Laws of 1948, are repealed.

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           (1) A GOVERNMENTAL AGENCY IS LIABLE FOR DAMAGES IN AN ACTION

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      FOR TRESPASS-NUISANCE FOR PROPERTY DAMAGE OR PERSONAL INJURY OR

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      DEATH IF THE CLAIMANT PROVES BOTH OF THE FOLLOWING:

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           (A) THE PHYSICAL INTRUSION IS OF WATER OR SEWER FLOWING FROM

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      A SEWAGE OR DRAIN SYSTEM.

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           (B) EITHER OF THE FOLLOWING:

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           (i) THE SEWER OR DRAIN SYSTEM IS UNDER THE JURISDICTION AND

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      CONTROL OF THE GOVERNMENTAL AGENCY.

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           (ii) THE GOVERNMENTAL AGENCY'S NEGLIGENCE CAUSED THE PHYSI-

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      CAL INTRUSION.

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           (2) AS USED IN THIS SECTION, "TRESPASS-NUISANCE" MEANS A

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      DIRECT TRESPASS UPON, OR THE INTERFERENCE WITH THE USE OR ENJOY-

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      MENT OF, LAND THAT RESULTS FROM A PHYSICAL INTRUSION.



























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