Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0630

Introduced
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.

Companion Bills

No companion bills found.

Previously Filed As

MI HB5381

Torts: premises liability; governmental agencies that maintain weapon-free zones; impose liability. Amends 1964 PA 170 (MCL 691.1401 - 691.1419) by adding sec. 6b. TIE BAR WITH: HB 5377'23

MI SB0631

Torts: liability; public employees and officers; impose a duty to not engage in conduct that is gross negligence. Amends 1964 PA 170 (MCL 691.1401 - 691.1419) by adding sec. 7d. TIE BAR WITH: SB 0630'23

MI HB5287

Torts: liability; public employees and officers; impose a duty to not engage in conduct that is gross negligence. Amends 1964 PA 170 (MCL 691.1401 - 691.1419) by adding sec. 7d. TIE BAR WITH: HB 5286'23

MI HB4941

Torts: governmental immunity; liability for highway defects; clarify that governmental tort liability act applies to county road commissions. Amends sec. 2 of 1964 PA 170 (MCL 691.1402). TIE BAR WITH: HB 4940'23

MI HB6092

Torts: governmental immunity; exemption from governmental immunity for harassment at school; provide for. Amends sec. 7 of 1964 PA 170 (MCL 691.1407).

MI HB4486

Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: HB 4482'23

MI HB5286

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

MI SB1191

Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: SB 1187'24

Similar Bills

MI HB5286

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

MI HB5548

Torts: governmental immunity; accountability for public officials; modify. Amends secs. 1 & 7 of 1964 PA 170 (MCL 691.1401 & 691.1407) & adds sec. 6b.

UT HB0364

Governmental Immunity Amendments

MI HB4486

Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: HB 4482'23

MI SB1191

Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: SB 1187'24

MI SB0260

Torts: governmental immunity; governmental agency and employee liability for criminal sexual conduct; allow. Amends sec. 7 of 1964 PA 170 (MCL 691.1407) & adds sec. 7d. TIE BAR WITH: SB 0257'25

CA ACA19

Local government taxation: voter approval.

MI HB5181

Economic development: plant rehabilitation; definition of speculative building; modify. Amends sec. 3 of 1974 PA 198 (MCL 207.553).