I move that Engrossed Senate Bill 518 be amended to read as follows:
Page 18, line 38, delete "A" and insert " (a) Except as provided
in subsection (b),".
Page 20, between lines 39 and 40, begin a new paragraph and insert:
" (b) A governmental entity or an employee of a governmental entity acting within the scope of the employee's employment is liable for a loss resulting from the gross negligence, willful or wanton misconduct, or intentional misconduct of a governmental entity or an employee of a governmental entity that results in a failure to provide adequate drainage for liquids that run off or are discharged:
(1) from real property that is:
(A) located within the boundaries of the governmental entity;
(B) owned by a person other than the person incurring the loss; and
(C) used for an industrial or commercial purpose; and
(2) onto the surface of a road, street, alley, or other public way."
(Reference is to ESB 518 as printed April 9, 2001.)