Bill Text: MI HB5600 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil procedure; civil actions; remedies for individuals harmed by sanctuary jurisdiction policies; provide for. Amends secs. 1, 7 & 11 of 1964 PA 170 (MCL 691.1401 et seq.) & adds secs. 7d & 7e.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2020-03-11 - Bill Electronically Reproduced 03/11/2020 [HB5600 Detail]
Download: Michigan-2019-HB5600-Introduced.html
HOUSE BILL NO. 5600
March 10, 2020, Introduced by Reps. Afendoulis,
Hornberger, LaFave, Hall, Rendon, Steven Johnson and Maddock and referred
to the Committee on Local Government and Municipal Finance.
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 sections 1, 7, and 11 (MCL 691.1401, 691.1407, and 691.1411), section 1 as amended by 2012 PA 50 and section 7 as amended by 2013 PA 173, and by adding sections 7d and 7e.
the people of the state of michigan enact:
(a) "Governmental agency" means this state or a political subdivision.
(b) "Governmental function" means an activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law. Governmental function includes an activity performed on public or private property by a sworn law enforcement officer within the scope of the law enforcement officer's authority, as directed or assigned by his or her public employer for the purpose of public safety.
(c) "Highway" means a public highway, road, or street that is open for public travel. Highway includes a bridge, sidewalk, trailway, crosswalk, or culvert on the highway. Highway does not include an alley, tree, or utility pole.
(d) "Homeland Security" means the United States Department of Homeland Security.
(e) (d) "Municipal corporation" means a city, village, or township or a combination of 2 or more of these when acting jointly.
(f) (e) "Political subdivision" means a municipal corporation, county, county road commission, school district, community college district, port district, metropolitan district, or transportation authority or a combination of 2 or more of these when acting jointly; a district or authority authorized by law or formed by 1 or more political subdivisions; or an agency, department, court, board, or council of a political subdivision.
(g) "Sanctuary city" means a political subdivision that adopts an ordinance, policy, or practice that prohibits or restricts the political subdivision or an officer, employee, member, or volunteer of the political subdivision from doing either of the following:
(i) Sending, receiving, maintaining, or exchanging information with any federal, state, or local governmental agency regarding the citizenship or immigration status of an individual.
(ii) Complying with a lawful request of Homeland Security made under section 236 or 287 of the immigration and nationality act, 8 USC 1226 and 1357.
(h) (f) "Sidewalk", except as used in subdivision (c), means a paved public sidewalk intended for pedestrian use situated outside of and adjacent to the improved portion of a highway designed for vehicular travel.
(i) (g) "State" means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. State includes a public university or college of this state, whether established as a constitutional corporation or otherwise.
(j) (h) "Township" means a general law township or a charter township.
(k) (i) "Volunteer" means an individual who is specifically designated as a volunteer and who is acting solely on behalf of a governmental agency.
Sec. 7. (1) Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act does not modify or restrict the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed.
(2) Except as otherwise provided in this section and section 7e, and without regard to the discretionary or ministerial nature of the conduct in question, each officer and employee of a governmental agency, each volunteer acting on behalf of a governmental agency, and each member of a board, council, commission, or statutorily created task force of a governmental agency is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service or caused by the volunteer while acting on behalf of a governmental agency if all of the following are met:
(a) The officer, employee, member, or volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority.
(b) The governmental agency is engaged in the exercise or discharge of a governmental function.
(c) The officer's, employee's, member's, or volunteer's conduct does not amount to gross negligence that is the proximate cause of the injury or damage.
(3) Subsection (2) does not alter the law of intentional torts as it existed before July 7, 1986.
(4) This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient, except medical care or treatment provided to a patient in a hospital owned or operated by the department of community health and human services or a hospital owned or operated by the department of corrections and except care or treatment provided by an uncompensated search and rescue operation medical assistant or tactical operation medical assistant.
(5) A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons an injury to a person or damages damage to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority.
(6) A guardian ad litem is immune from civil liability for an injury to a person or damage to property if he or she is acting within the scope of his or her authority as guardian ad litem. This subsection applies to actions filed before, on, or after May 1, 1996.
(7) The immunity provided by this act does not apply to liability of a governmental agency under the MISS DIG underground facility damage prevention and safety act, 2013 PA 174, MCL 460.721 to 460.733.
(8) As used in this section:
(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(b) "Search and rescue operation" means an action by a governmental agency to search for, rescue, or recover victims of a natural or manmade disaster, accident, or emergency on land or water.
(c) "Search and rescue operation medical assistant" means an individual licensed to practice 1 or more of the occupations listed in subdivision (e), acting within the scope of the license, and assisting a governmental agency in a search and rescue operation.
(d) "Tactical operation" means a coordinated, planned action by a special operations, weapons, or response team of a law enforcement agency that is 1 of the following:
(i) Taken to deal with imminent violence, a riot, an act of terrorism, or a similar civic emergency.
(ii) The entry into a building, area, watercraft, aircraft, land vehicle, or body of water to seize evidence, or to arrest an individual for a felony, under the authority of a warrant issued by a court.
(iii) Training for the team.
(e) "Tactical operation medical assistant" means an individual licensed to practice 1 or more of the following, acting within the scope of the license, and assisting law enforcement officers while they are engaged in a tactical operation:
(i) Medicine, osteopathic medicine and surgery, or as a registered professional nurse, under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(ii) As an emergency medical technician, emergency medical technician specialist, or paramedic under part 209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979.
Sec. 7d. (1) A sanctuary city is liable for personal injury, property damage, or death that directly results from the commission of a felony in the sanctuary city committed by an individual who is not a citizen of or lawfully present in the United States.
(2) An individual who is personally injured, a person whose property is damaged, or the spouse, parent, or child of an individual whose death is the direct result of the commission of a felony in a sanctuary city may commence a civil action against the sanctuary city.
(3) As used in this section, "felony" means that term as defined in section 7 of the Michigan penal code, 1931 PA 328, MCL 750.7.
Sec. 7e. (1) If a political subdivision complies with a detainer issued by Homeland Security under section 236 or 287 of the immigration and nationality act, 8 USC 1226 and 1357, the political subdivision is acting as an agent of Homeland Security, and the political subdivision must comply with section 287(d) of the immigration and nationality act, 8 USC 1357(d), and 8 CFR 287.5(d).
(2) A political subdivision is not liable for an action it takes in accordance with a detainer issued by Homeland Security under section 236 or 287 of the immigration and nationality act, 8 USC 1226 and 1357.
(3) An officer, employee, member, or volunteer of a political subdivision is not liable for an action he or she takes in accordance with a detainer issued by Homeland Security under section 236 or 287 of the immigration and nationality act, 8 USC 1226 and 1357.
(4) The immunity provided by this section does not apply if the political subdivision or the officer, employee, member, or volunteer of a political subdivision knowingly violates a civil or constitutional right of an individual.
Sec. 11. (1) Every A claim against any a governmental agency shall be is subject to the general law respecting regarding limitations of actions except as otherwise provided in this section.
(2) The period of limitations for claims arising under section 2 of this act shall be is 2 years.
(3) The period of limitations for all claims against the state, except those arising under section 2, of this act, shall be is governed by chapter 64 of Act No. 236 of the Public Acts of 1961.the revised judicature act of 1961, 1961 PA 236, MCL 600.6401 to 600.6475.
(4) The period of limitations for an action against a political subdivision under section 7d is 10 years after the commission of the felony or 10 years after the death of an individual whose death is the direct result of the commission of the felony, whichever is later.
