SENATE BILL No. 68

 

 

January 29, 2019, Introduced by Senators WOJNO, MOSS, HERTEL, CHANG, ALEXANDER, OUTMAN, BULLOCK, GEISS, MCMORROW and POLEHANKI and referred to the Committee

     on Judiciary and Public Safety.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 6431 and 6452 (MCL 600.6431 and 600.6452).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6431. (1) No Except as otherwise provided in this

 

section, a claim may not be maintained against the this state

 

unless the claimant, within 1 year after such the claim has

 

accrued, files in the office of the clerk of the court of claims

 

either a written claim or a written notice of intention to file a

 

claim against the this state or any of its departments,

 

commissions, boards, institutions, arms, or agencies. , stating

 

     (2) A claim or notice under subsection (1) must contain all of

 

the following:


     (a) A statement of the time when and the place where such the

 

claim arose. and in detail

 

     (b) A detailed statement of the nature of the same claim and

 

of the items of damage alleged or claimed to have been sustained. ,

 

which claim or notice shall be signed and verified by the claimant

 

before an officer authorized to administer oaths.

 

     (c) (2) Such claim or notice shall designate A designation of

 

any department, commission, board, institution, arm, or agency of

 

the state involved in connection with such the claim. , and a copy

 

of such

 

     (d) A signature and verification by the claimant before an

 

officer authorized to administer oaths.

 

     (3) A claimant shall furnish copies of a claim or notice shall

 

be furnished filed under subsection (1) to the clerk at the time of

 

the filing of the original for transmittal to the attorney general

 

and to each of the departments, commissions, boards, institutions,

 

arms, or agencies of this state designated in the claim or notice.

 

     (4) (3) In all actions For a claim against this state for

 

property damage or personal injuries, the claimant shall file the

 

claim or notice under subsection (1) with the clerk of the court of

 

claims a notice of intention to file a claim or the claim itself

 

within 6 months following the happening of after the event giving

 

that gives rise to the cause of action.claim.

 

     (5) This section does not apply to a claim for compensation

 

under the wrongful imprisonment compensation act, 2016 PA 343, MCL

 

691.1751 to 691.1757.

 

     Sec. 6452. (1) Every claim against the this state, cognizable


by the court of claims, shall be is forever barred unless the claim

 

is filed with the clerk of the court or suit instituted thereon an

 

action is commenced on the claim in federal court as authorized in

 

section 6440, within 3 years after the claim first accrues.

 

     (2) Except as modified by this section, the provisions of RJA

 

chapter 58, relative to the limitation of actions, shall also be

 

applicable applies to the limitation prescribed in under this

 

section.

 

     (3) The attorney general shall have has the same right as a

 

creditor under the provisions of the statutes of the this state of

 

Michigan in such case made and provided, to petition for the

 

granting of letters of administration appointment of a personal

 

representative of the estate of any a deceased person.

 

     (4) The attorney general shall have has the same right as a

 

superintendent of the poor under the provisions of the statutes of

 

the this state of Michigan in such case made and provided, to

 

petition for the appointment of a guardian of the estate of a minor

 

or any other person individual under a disability.

 

     (5) This section does not apply to a claim for compensation

 

under the wrongful imprisonment compensation act, 2016 PA 343, MCL

 

691.1751 to 691.1757.

 

     Enacting section 1. Sections 6431 and 6452 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.6431 and 600.6452, as

 

amended by this amendatory act, apply retroactively to March 29,

 

2017.