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
Impact
If enacted, SB0631 would introduce additional legal definitions regarding the conduct of public employees, thereby potentially reducing the amount of liability and legal scrutiny they face under specific circumstances. This change would fortify the legal framework governing the actions of officials during governmental duties, ensuring that they are held to a standard of conduct consistent with gross negligence rather than broader interpretations of negligence. Consequently, it could lead to fewer claims being brought against these individuals for perceived misconduct while in office.
Summary
Senate Bill 631 seeks to amend the 1964 Public Act 170, which establishes uniform liability standards for municipal corporations, political subdivisions, and state employees in Michigan. The primary intention of SB0631 is to impose a duty on public officers and employees, as well as volunteers acting on their behalf, to refrain from engaging in conduct that qualifies as gross negligence while executing governmental functions. This amendment aims to provide clearer standards regarding accountability and protect public servants from undue legal liabilities.
Contention
The bill’s connection to Senate Bill 630, which must be enacted for SB0631 to take effect, indicates an intent to coordinate multiple legislative efforts aimed at reforming public sector liability. There may be concerns regarding the potential implications of limiting legal accountability for gross negligence, as this could be viewed as enabling negligence and lessening the pressure on public officials to uphold a high standard of care in their duties. Critics might argue that such a provision could diminish the rights of citizens to seek redress for grievances arising from government employee actions and impact the overall trust in public service.
Same As
Torts: governmental immunity; liability of governmental employees; revise proximate cause requirement. Amends sec. 1 & 7 of 1964 PA 170 (MCL 691.1401 & 691.1407).
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
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
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
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
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
Torts: governmental immunity; liability of governmental employees; revise proximate cause requirement. Amends sec. 1 & 7 of 1964 PA 170 (MCL 691.1401 & 691.1407).
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