SB-0689, As Passed House, June 7, 2006

SENATE BILL No. 689

August 31, 2005, Introduced by Senators STAMAS, BROWN, GILBERT, KUIPERS, GARCIA, ALLEN, McMANUS and BARCIA and referred to the Committee on Local, Urban and State Affairs.

     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

departments, 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 officers, employees, and volunteers and for paying damages

sought or awarded against them; to provide for the legal defense of

public officers, employees, and volunteers; to provide for

reimbursement of public officers and employees for certain legal

expenses; and to repeal acts and parts of acts,"

(MCL 691.1401 to 691.1419) by adding section 7c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7c. (1) A municipal corporation, organized fire

department, or agent of a municipal corporation or organized fire

Senate Bill No. 689 as amended June 7, 2006

department that donates fire control or rescue equipment to another

municipal corporation or organized fire department is not liable

for damages for personal injury, death, or property damage

proximately caused after the donation by a defect in the equipment.

     (2) Before using equipment donated under subsection (1), a

municipal corporation or organized fire department that receives

the donated equipment shall have the equipment tested, repaired, or

maintained if required by state or federal law, rule, or regulation[.

The municipal corporation or organized fire department shall not use the

 Donated equipment unless the use is consistent with state]

and federal laws, rules, and regulations. Subject to subsection

(3), a municipal corporation or organized fire department that

complies with this subsection is not liable for damages for

personal injury, death, or property damage proximately caused by a

defect in the donated equipment.

     (3) The immunity from liability provided by subsection (2)

does not affect the rights of an employee or volunteer of the

municipal corporation or organized fire department that receives

the donated equipment to benefits under the worker's disability

compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, or

any similar law.

     (4) As used in this section, "organized fire department" means

that term as defined in section 1 of the fire prevention code, 1941

PA 207, MCL 29.1.