If enacted, this legislation would enable local public entities to manage their financial obligations more effectively by providing an avenue for paying judgments in installments rather than in a lump sum. This could aid local governments that are struggling with tight budgets and high operating expenses, allowing them to fulfill legal obligations without facing immediate fiscal crisis. Additionally, it empowers governing bodies to seek judicial relief for restructuring settlement agreements in case of financial hardship.
Summary
House Bill 5278, introduced by Rep. William ''Will'' Davis, aims to amend the Local Governmental and Governmental Employees Tort Immunity Act. The bill specifically addresses the obligations of local public entities regarding the payment of tort judgments, court orders, and administrative agency orders. It establishes provisions that allow local entities to pay outstanding judgments and orders in installments if paying them in full at once would create unreasonable financial hardship.
Contention
While some may argue that the bill provides necessary support to local governments, critics could raise concerns about the implications of allowing installment payments. Opponents might contend that this could encourage financial irresponsibility among local entities, as the ability to pay in installments may reduce the incentive to maintain sufficient reserve funds to handle potential liabilities. Further, there might be concerns about the interests of plaintiffs who are owed payments, as prolonged payment periods could impact their financial situations.
Torts: governmental immunity; liability of governmental employees; revise proximate cause requirement. Amends sec. 1 & 7 of 1964 PA 170 (MCL 691.1401 & 691.1407).
Provides for the participation of a sexual harasser in a settlement or judgment in a sexual harassment claim. (See Act) (EN SEE FISC NOTE OF EX See Note)
Consumer protection restitution account establishment provision, public compensation payments exclusion from certain calculations of income provision, certain data classified as public provision, and appropriation
Parenting time and spousal maintenance provisions modified, antenuptial and postnuptial agreements governing provisions modified and updated, assisted reproduction rights and responsibilities established, and revisor of statutes directed to update terms used in statute.