GOVERNMENTAL LIABILITY FOR NEGLIGENCE
Act 170 of 1964
691.1413 Damage arising out of performance of proprietary function.
Sec. 13.
The immunity of the governmental agency shall not apply to actions to recover for bodily injury or property damage arising out of the performance of a proprietary function as defined in this section. Proprietary function shall mean any activity which is conducted primarily for the purpose of producing a pecuniary profit for the governmental agency, excluding, however, any activity normally supported by taxes or fees. No action shall be brought against the governmental agency for injury or property damage arising out of the operation of proprietary function, except for injury or loss suffered on or after July 1, 1965.
History: 1964, Act 170, Eff. July 1, 1965 ;-- Am. 1986, Act 175, Imd. Eff. July 7, 1986
Constitutionality Notes:
Section 3 of Act 175 of 1986 provides:
“(1) Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986.
“(2) Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.”
In Hyde v University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986.
PopularName Notes:
Governmental Immunity Act
Notes of Decisions
Pohutski v. City of Allen Park, 641 N.W.2d 219 (Mich. 2002).
· cites it 6× “Under that interpretation, no sentence in the GTLA reserves common-law exceptions to the governmental function immunity of the state. Therefore, while the state is not a party to this action, the majority opinion still carries serious implications for the state's sovereign…”
Thomas v. Dep't of State Highways, 247 N.W.2d 530 (Mich. 1976).
· cites it 8× “MCLA 691.1413; MSA 3.996(113). In contrast with this specific definition of "proprietary function", the act does not define "exercise or discharge of a governmental function".”
Lash v. City of Traverse City, 735 N.W.2d 628 (Mich. 2007).
· cites it 4× “1407(4); the proprietary function exception, MCL 691.1413; and the sewage system event exception, MCL 691.”
Dextrom v. Wexford Cnty., 789 N.W.2d 211 (Mich. Ct. App. 2010).
· cites it 2× “MCL 691.1413. Plaintiffs have divided themselves into two groups represented hy different counsel.”
Smith v. Dep't of Pub. Health, 410 N.W.2d 749 (Mich. 1987).
· cites it 4× “996(106) (public buildings); MCL 691.1413; MSA 3.996(113) (proprietary function).”
Hyde v. Univ. of Michigan Bd. of Regents, 393 N.W.2d 847 (Mich. 1986).
· cites it 4× “impliedly overrule that portion of Parker which held that the day-to-day operation of a public general hospital is not a governmental function? We must also decide whether, and under what circumstances, the operation of a public general hospital or medical facility constitutes a…”
MacK v. City of Detroit, 649 N.W.2d 47 (Mich. 2002).
· cites it 2× “[Emphasis added.] [8] The five statutory exceptions to governmental immunity are the "highway exception," M.”
Robinson v. City of Lansing, 782 N.W.2d 171 (Mich. 2010).
· cites it 2× “1406; (4) the proprietary-function exception, MCL 691.1413; (5) the governmental-hospital exception, MCL 691.”
Stanton v. City of Battle Creek, 647 N.W.2d 508 (Mich. 2002).
· cites it 2× “1402; the "motor vehicle exception," M.C.L. § 691.1405; the "public building exception," M.”
in Re Bradley Est., 835 N.W.2d 545 (Mich. 2013).
· cites it 2× “of record, have power to punish by fine or imprisonment, or both, persons guilty of any neglect or violation of duty or misconduct in all of the following cases: * * * (c) All attorneys, counselors, clerks, registers, sheriffs, coroners, and all other persons in any manner…”
Haliw v. City of Sterling Heights, 627 N.W.2d 581 (Mich. 2001).
· cites it 2× “[4] The five statutory exceptions to governmental immunity are: the "highway exception," M.”
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