Bill Text: MI SB0336 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Torts; governmental immunity; liability for sewer system backups; require amount of economic damages to be determined by a hearing officer. Amends sec. 19 of 1964 PA 170 (MCL 691.1419).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-21 - Referred To Committee On Judiciary [SB0336 Detail]

Download: Michigan-2013-SB0336-Introduced.html

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SENATE BILL No. 336

 

 

April 30, 2013, Introduced by Senator SCHUITMAKER and referred to the Committee on Local Government and Elections.

 

 

 

     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

reimbursement of public officers and employees for certain legal

expenses; and to repeal acts and parts of acts,"

 

by amending section 19 (MCL 691.1419), as added by 2001 PA 222.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 19. (1) Except as provided in subsections (3) and (7), a

 

claimant is not entitled to compensation under section 17 unless

 

the claimant notifies the governmental agency of a claim of damage

 

or physical injury, in writing, within 45 days after the date the

 

damage or physical injury was discovered, or in the exercise of

 

reasonable diligence should have been discovered. The written

 

notice under this subsection shall contain the content required by

 

subsection (2)(c) and shall be sent to the individual within the

 

governmental agency designated in under subsection (2)(b). To

 

facilitate compliance with this section, a governmental agency

 

owning or operating a sewage disposal system shall make available

 

public information about the provision of notice under this

 

section.

 

     (2) If a person who owns or occupies affected property

 

notifies a contacting agency orally or in writing of an event

 

before providing a notice of a claim that complies with subsection

 

(1), the contacting agency shall provide the person with all of the

 

following information in writing:

 

     (a) A sufficiently detailed explanation of the notice

 

requirements of subsection (1) to allow a claimant to comply with

 

the requirements.

 

     (b) The name and address of the individual within the

 

governmental agency to whom a claimant must send written notice

 

under subsection (1).

 

     (c) The required content of the written notice under

 

subsection (1), which is limited to the claimant's name, address,

 

and telephone number, the address of the affected property, the

 

date of discovery of any property damages or physical injuries, and

 

a brief description of the claim.

 

     (3) A claimant's failure to comply with the notice

 

requirements of subsection (1) does not bar the claimant from

 

bringing a civil action under section 17 against a governmental

 

agency notified under subsection (2) if the claimant can show both

 

of the following:

 

     (a) The claimant notified the contacting agency under

 

subsection (2) during the period for giving notice under subsection

 

(1).

 

     (b) The claimant's failure to comply with the notice

 

requirements of subsection (1) resulted from the contacting

 

agency's failure to comply with subsection (2).

 

     (4) If a governmental agency that is notified of a claim under

 

subsection (1) believes that a different or additional governmental

 

agency may be responsible for the claimed property damages or

 

physical injuries, the governmental agency shall notify the

 

contacting agency of each additional or different governmental

 

agency of that fact, in writing, within 15 business days after the

 

date the governmental agency receives the claimant's notice under

 

subsection (1). This subsection is intended to allow a different or

 

additional governmental agency to inspect a claimant's property or

 

investigate a claimant's physical injury before litigation. Failure

 

by a governmental agency to provide notice under this subsection to

 

a different or additional governmental agency does not bar a civil

 

action by the governmental agency against the different or

 

additional governmental agency.

 

     (5) If a governmental agency receives a notice from a claimant

 

or a different or additional governmental agency that complies with

 

this section, the governmental agency receiving notice may inspect

 

the damaged property or investigate the physical injury. A claimant

 

or the owner or occupant of affected property shall not

 

unreasonably refuse to allow a governmental agency subject to a

 

claim to inspect damaged property or investigate a physical injury.

 

This subsection does not prohibit a governmental agency from

 

subsequently inspecting damaged property or investigating a

 

physical injury during a civil action brought under section 17.

 

     (6) If a governmental agency notified of a claim under

 

subsection (1) and a claimant do not reach an agreement on the

 

amount of compensation for the property damage or physical injury

 

within 45 days after the receipt of notice under this section, the

 

claimant may institute a civil action. A civil action shall not be

 

commenced under section 17 until after that 45 days.the

 

governmental agency shall schedule a hearing to be commenced within

 

30 days before a neutral hearing officer appointed by the

 

governmental agency who is licensed as a professional engineer

 

under article 20 of the occupational code, 1980 PA 299, MCL

 

339.2001 to 339.2014. The governmental agency shall give the

 

claimant written notice of the date, time, and place of the

 

hearing. The claimant may be represented by counsel at the hearing.

 

The claimant and the governmental agency may present evidence at

 

the hearing concerning the claim. The hearing officer shall

 

determine whether the claim may be maintained under section 17 and

 

the amount of property damages and economic damages for personal

 

injury. The hearing officer shall not consider claims for

 

noneconomic damages. The hearing officer shall provide the parties

 

with written findings of fact and conclusions of law. Any party may

 

appeal on the record made before the hearing officer to the circuit

 

court.

 

     (7) Except for claims to which subsection (3) applies and

 

claims for noneconomic damages, a civil action shall not be

 

commenced under section 17 and the procedures contained in this

 

section are the sole and exclusive remedy for all claims under

 

section 17. This section does not apply to claims for noneconomic

 

damages made under section 17.

 

     (8) The procedures added to this section by the amendatory act

 

that added this subsection apply to claims under section 17 for

 

which the notice under subsection (1) is sent after July 1, 2013.