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HOUSE BILL NO. 6050
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
June 04, 2026, Introduced by Reps. Brixie, Roth, Miller, Morgan, Dievendorf, Price, Myers -
Phillips, Martus, Longjohn, Arbit, Steckloff, McFall, Byrnes, Paiz, Rheingans, Wilson, Young,
Scott, Andrews, MacDonell, Tsernoglou and Conlin and referred to Committee on Judiciary.
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reimbursement of public officers and employees for certain legal
expenses; and to repeal acts and parts of acts,"
by amending section 7 (MCL 691.1407), as amended by 2013 PA 173,
and by adding section 7d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) Except as otherwise provided in this act, a 1
governmental agency is immune from tort liability if the 2
governmental agency is engaged in the exercise or discharge of a 3
governmental function. Except as otherwise provided in this act, 4
this act does not modify or restrict the immunity of the state from 5
tort liability as it existed before July 1, 1965, which immunity is 6
affirmed. 7
(2) Except as otherwise provided in this section, act, and 8
without regard to the discretionary or ministerial nature of the 9
conduct in question, each officer and employee of a governmental 10
agency, each volunteer acting on behalf of a governmental agency, 11
and each member of a board, council, commission, or statutorily 12
created task force of a governmental agency is immune from tort 13
liability for an injury to a person or damage to property caused by 14
the officer, employee, or member while in the course of employment 15
or service or caused by the volunteer while acting on behalf of a 16
governmental agency if all of the following are met: 17
(a) The officer, employee, member, or volunteer is acting or 18
reasonably believes he or she is acting within the scope of his or 19
her authority. 20
(b) The governmental agency is engaged in the exercise or 21
discharge of a governmental function. 22
(c) The officer's, employee's, member's, or volunteer's 23
conduct does not amount to gross negligence that is the proximate 24
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cause of the injury or damage. 1
(3) Subsection (2) does not alter the law of intentional torts 2
as it existed before July 7, 1986. 3
(4) This act does not grant immunity to a governmental agency 4
or an employee or agent of a governmental agency with respect to 5
providing medical care or treatment to a patient, except medical 6
care or treatment provided to a patient in a hospital owned or 7
operated by the department of community health and human services 8
or a hospital owned or operated by the department of corrections 9
and except care or treatment provided by an uncompensated search 10
and rescue operation medical assistant or tactical operation 11
medical assistant. 12
(5) A judge, a legislator, and the elective or highest 13
appointive executive official of all levels of government are 14
immune from tort liability for injuries to persons or damages to 15
property if he or she is acting within the scope of his or her 16
judicial, legislative, or executive authority. 17
(6) A guardian ad litem is immune from civil liability for an 18
injury to a person or damage to property if he or she is acting 19
within the scope of his or her authority as guardian ad litem. This 20
subsection applies to actions filed before, on, or after May 1, 21
1996. 22
(7) The immunity provided by this act does not apply to 23
liability of a governmental agency under the MISS DIG underground 24
facility damage prevention and safety act, 2013 PA 174, MCL 460.721 25
to 460.733. 26
(8) As used in this section: 27
(a) "Gross negligence" means conduct so reckless as to 28
demonstrate a substantial lack of concern for whether an injury 29
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results. 1
(b) "Search and rescue operation" means an action by a 2
governmental agency to search for, rescue, or recover victims of a 3
natural or manmade disaster, accident, or emergency on land or 4
water. 5
(c) "Search and rescue operation medical assistant" means an 6
individual licensed to practice 1 or more of the occupations listed 7
in subdivision (e), acting within the scope of the license, and 8
assisting a governmental agency in a search and rescue operation. 9
(d) "Tactical operation" means a coordinated, planned action 10
by a special operations, weapons, or response team of a law 11
enforcement agency that is 1 of the following: 12
(i) Taken to deal with imminent violence, a riot, an act of 13
terrorism, or a similar civic emergency. 14
(ii) The entry into a building, area, watercraft, aircraft, 15
land vehicle, or body of water to seize evidence, or to arrest an 16
individual for a felony, under the authority of a warrant issued by 17
a court. 18
(iii) Training for the team. 19
(e) "Tactical operation medical assistant" means an individual 20
licensed to practice 1 or more of the following, acting within the 21
scope of the license, and assisting law enforcement officers while 22
they are engaged in a tactical operation: 23
(i) Medicine, osteopathic medicine and surgery, or as a 24
registered professional nurse, under article 15 of the public 25
health code, 1978 PA 368, MCL 333.16101 to 333.18838. 26
(ii) As an emergency medical technician, emergency medical 27
technician specialist, or paramedic under part 209 of the public 28
health code, 1978 PA 368, MCL 333.20901 to 333.20979. 29
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Sec. 7d. (1) Subject to subsection (2), a public university or 1
college or a school district is not immune under this act from tort 2
liability for criminal sexual conduct that an employee or agent of 3
the public university or college or school district engages in 4
during the course of employment or service or while acting on 5
behalf of the public university or college or school district if 6
either of the following applies: 7
(a) The public university or college or school district was 8
negligent in the hiring, supervision, or training of the employee 9
or agent. 10
(b) The public university or college or school district had 11
actual or constructive knowledge of the criminal sexual conduct and 12
failed to report the criminal sexual conduct to an appropriate law 13
enforcement agency. 14
(2) A public university or college or school district may be 15
held liable for the criminal sexual conduct of an employee or agent 16
committed during the course of employment or service or while 17
acting on behalf of the public university or college or school 18
district only if both of the following apply: 19
(a) The public university or college or school district had 20
either of the following: 21
(i) Actual or constructive knowledge that the individual 22
committed a prior act of criminal sexual conduct. 23
(ii) Actual or constructive knowledge of the member, officer, 24
employee, or agent's propensity to act in accordance with a prior 25
act of criminal sexual conduct. 26
(b) The public university or college or school district failed 27
to act or intervene to prevent the subsequent criminal sexual 28
conduct. 29
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(3) Nothing in this, any previous, or any subsequent act 1
limits the availability of causes of action permitted to a 2
plaintiff, including causes of action against persons other than 3
the individual alleged to have committed the criminal sexual 4
conduct. 5
(4) For purposes of this section, it is not necessary for a 6
criminal prosecution or other proceeding to have been brought as a 7
result of the criminal sexual conduct or if a criminal prosecution 8
or other proceeding has been brought, for the prosecution or 9
proceeding to have resulted in a conviction or adjudication. 10
(5) This section applies retroactively to an action commenced 11
under section 5851b(4) of the revised judicature act of 1961, 1961 12
PA 236, MCL 600.5851b. 13
(6) As used in this section only: 14
(a) "Adjudication" means an adjudication of 1 or more offenses 15
under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 16
712A.1 to 712A.32. 17
(b) "Criminal sexual conduct" means conduct prohibited under 18
section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, 19
1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and 20
750.520g. 21
(c) "School district" includes both of the following: 22
(i) An intermediate school district as that term is defined in 23
section 4 of the revised school code, 1976 PA 451, MCL 380.4. 24
(ii) A public school academy as that term is defined in section 25
5 of the revised school code, 1976 PA 451, MCL 380.5. 26
Enacting section 1. This amendatory act does not take effect 27
unless Senate Bill No. 257 of the 103rd Legislature is enacted into 28
law. 29