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Bill > SB0260
MI SB0260
MI SB0260Torts: 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 257'25
summary
Introduced
04/23/2025
04/23/2025
In Committee
05/20/2025
05/20/2025
Crossed Over
05/20/2025
05/20/2025
Passed
Dead
Introduced Session
103rd Legislature
Bill Summary
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 7 (MCL 691.1407), as amended by 2013 PA 173, and by adding section 7d.
AI Summary
This bill amends Michigan's governmental immunity law to address liability for criminal sexual conduct in public universities, colleges, and school districts. Specifically, these institutions will no longer be immune from tort liability if an employee or agent commits criminal sexual conduct during their employment, under two key circumstances: first, if the institution was negligent in hiring, supervising, or training the individual, or second, if the institution had knowledge of the criminal sexual conduct and failed to report it to law enforcement. The bill further specifies that liability can only be established if the institution had prior knowledge of the individual's past criminal sexual conduct or propensity for such conduct and failed to intervene to prevent subsequent incidents. The bill defines criminal sexual conduct by referencing specific sections of the Michigan penal code and includes both intermediate school districts and public school academies in its scope. Importantly, the bill applies retroactively to certain legal actions and does not require a prior criminal conviction to pursue civil liability. The bill is tied to another piece of legislation (Senate Bill 257) and will only take effect if that companion bill is also enacted into law.
Committee Categories
Government Affairs, Justice
Sponsors (3)
Last Action
Referred To Committee On Government Operations (on 05/20/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0260 |
| Fiscal Note/Analysis - Senate: ANALYSIS AS PASSED BY THE SENATE | https://legislature.mi.gov/documents/2025-2026/billanalysis/Senate/pdf/2025-SFA-0257-U.pdf |
| BillText | https://legislature.mi.gov/documents/2025-2026/billengrossed/Senate/htm/2025-SEBS-0260.htm |
| Fiscal Note/Analysis - Senate: SUMMARY OF BILL REPORTED FROM COMMITTEE | https://legislature.mi.gov/documents/2025-2026/billanalysis/Senate/pdf/2025-SFA-0257-F.pdf |
| Fiscal Note/Analysis - Senate: SUMMARY OF INTRODUCED BILL IN COMMITTEE | https://legislature.mi.gov/documents/2025-2026/billanalysis/Senate/pdf/2025-SFA-0257-G.pdf |
| BillText | https://legislature.mi.gov/documents/2025-2026/billintroduced/Senate/htm/2025-SIB-0260.htm |
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