Michigan Senate Bill SB0630

Michigan 2023-2024 Regular Session

• Introduced: 11/1/23
• Refer: 11/1/23

Caption

Torts: governmental immunity; liability of governmental employees; revise proximate cause requirement. Amends sec. 1 & 7 of 1964 PA 170 (MCL 691.1401 & 691.1407).

Impact

The proposed amendments would enhance the immunity protections for governmental functions by clarifying that a governmental agency is typically immune from tort liability unless it is proven that gross negligence was the proximate cause of the injury or damage. This alteration is designed to encourage governmental entities to perform their official duties without the fear of excessive litigation, thus potentially preserving public resources and promoting efficient governance.

Summary

Senate Bill 630 aims to amend the existing liability framework for governmental agencies, political subdivisions, and their employees in Michigan. Specifically, it revises sections 1 and 7 of the 1964 Public Act 170, which establishes uniform standards for the liability of governmental entities when engaged in governmental functions. The bill seeks to delineate and limit the circumstances under which these entities, including cities and townships, may be held liable for injuries to persons or property.

Conclusion

Ultimately, SB 630 reflects an ongoing tension in public policy between protecting governmental functionality and ensuring liability where governmental conduct may cause harm. The discussions around this bill are expected to continue, considering its implications for both public service and citizen rights.

Contention

Notably, while proponents argue that this increased immunity will reduce frivolous lawsuits against public entities and employees, critics voice concern that it may hinder accountability in cases of misconduct or negligence by governmental employees. The bill does not exempt government employees from liability when acting in gross negligence, but there is a potential debate about the interpretation of what constitutes gross negligence and how that affects victims seeking redress.