May 1, 2014, Introduced by Reps. McCready, Kelly, Glardon, Kurtz and Hooker and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 6458 (MCL 600.6458), as amended by 2002 PA 429.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6458. (1) In rendering any a
judgment against the this
state,
or any a department, commission, board, institution, arm, or
agency of this state, the court of claims shall determine and
specify
in that the judgment the department, commission, board,
institution,
arm, or agency from whose appropriation that the
judgment
shall must be paid.
(2)
Upon any On a judgment against the this state
or any a
department, commission, board, institution, arm, or agency of this
state
becoming final, or upon on allowance
of any a claim by the
state
administrative board and upon certification of the claim by
the secretary of the state administrative board to the clerk of the
court of claims, the clerk of the court of claims shall certify to
the
state treasurer the fact that that the judgment was entered or
that the claim was allowed and on receiving the certification the
state
treasurer shall pay the claim shall
thereupon be paid from
the unencumbered appropriation of the department, commission,
board, institution, arm, or agency if the state treasurer
determines the unencumbered appropriation is sufficient for the
payment.
In the event that funds are If
money is not available to
pay the judgment or allowed claim as provided in this subsection,
the state treasurer shall instruct the clerk of the court of claims
to issue a voucher against an appropriation made by the legislature
for
the payment of judgment claims and allowed claims. In the event
that
funds are If money is not available to pay the judgment or
allowed claim as provided in this subsection, the state treasurer
shall
report that fact ,
together with and the name of the
claimant,
the date of the
judgment , date or of the allowance
of
the
claim by the state administrative board, and the amount
shall
be
reported of the judgment or
allowed claim to the legislature at
its
next session, and shall pay the judgment or allowed claim shall
be
paid as soon as money is available
for that purpose. The clerk
of
the court of claims shall not certify any
a judgment to the
state
treasurer until the period for appeal from that the judgment
shall
have has expired, unless written stipulation between the
attorney general and the claimant or his or her attorney, waiving
any right of appeal or new trial, is filed with the clerk of the
court of claims.
(3) The clerk of the court of claims shall approve vouchers
under
the direction of the court for the payment of the several
judgments rendered by the court. All warrants issued in
satisfaction
of those judgments rendered
by the court of claims
shall be transmitted to the clerk of the court of claims for
distribution; and all warrants issued in satisfaction of claims
allowed by the state administrative board shall be transmitted to
the secretary of the state administrative board for distribution.
(4) On a judgment described in subsection (2) becoming final
or on a claim being allowed and certified to the clerk of the court
of claims as described in subsection (2), the plaintiff or claimant
shall provide to the clerk of the court of claims any information
required by the state treasurer to identify the plaintiff or
claimant or, if applicable, each individual for whose benefit the
action was brought or the claim made, for purposes of complying
with subsections (5) to (7) or to perform the treasurer's duties
under subsections (8) and (9). The state treasurer shall notify the
clerk of the court of claims of the information needed from a
plaintiff or claimant to satisfy this subsection.
(5) When certifying a judgment or allowed claim to the state
treasurer under subsection (2), the clerk of the court of claims
shall provide to the state treasurer the name of the plaintiff or
claimant and the identifying information provided under subsection
(4). If the plaintiff or claimant brought the action or made the
claim in a representative capacity, the clerk of the court of
claims shall provide to the state treasurer the name and
identifying information for each individual for whose benefit the
action was brought or claim made.
(6) The state treasurer shall not issue a warrant in the
satisfaction of a judgment or claim until the state treasurer
determines whether the plaintiff or claimant or, if applicable,
individual for whose benefit the action was brought or claim made,
is indebted for any of the following:
(a) Support.
(b) An amount due to this state.
(c) An amount due to a subdivision of this state.
(d) An amount due under a court order for restitution, fines,
costs, fees, reimbursements, penalties, or assessments.
(7) Subject to subsection (8), the state treasurer shall
deduct the amount of any indebtedness determined under subsection
(6) from the amount due under the judgment or claim and issue
warrants in satisfaction of the indebtedness and a warrant to the
plaintiff or claimant for the difference between the indebtedness
and the judgment or claim. If the plaintiff or claimant has
multiple obligations described in subsection (6) and if the
judgment or claim is insufficient to satisfy the obligations in
full, the state treasurer shall pay the obligations in the
following order:
(a) First, to support.
(b) Next, to any amount due under a court order.
(c) Next, pro rata to any remaining amounts due.
(8) The state treasurer shall not deduct any amount under
subsection (7) from the portion of the judgment or claim that is
owed for any of the following:
(a) Attorney fees.
(b) Court costs and other litigation costs, including, but not
limited to, medical examination costs, expenses for reports,
deposition fees, court reporter fees, and record copy fees.
(c) The medicaid program under the social welfare act, 1939 PA
280, MCL 400.1 to 400.119b, unless medicaid is subordinated to
support under federal law.
(d) Medical services or a reimbursement for a payment made for
medical services either to or by an insurer, health maintenance
organization, or nonprofit health care corporation.
(e) Other costs related to the action or claim.
(f) Vocational rehabilitation costs, reimbursements, or
credits incidental to long- or short-term disability programs or to
pension or welfare benefit funds.
(g) For a medicare set-aside account for future medical care
or for future medicaid, unless medicare or medicaid is subordinated
to support under federal law.
(9) The state treasurer shall give a plaintiff or claimant
notice by regular mail and an opportunity for a hearing before the
department of treasury or its designee with respect to any
indebtedness determined under subsection (6) if the indebtedness
has not been reduced to judgment or has not been finalized under
statutory review provisions of the statute under which the
liability arose. The plaintiff or claimant may request a hearing
before the department of treasury within 15 days after the date of
the notice by making a written request to the state treasurer.
(10) Subsections (4) and (5) apply to all judgments and
claims, notwithstanding any order in an action that prohibits
disclosure of the name of a plaintiff, claimant, or individual for
whose benefit the action was brought or claim was made. If such a
protective order exists, the clerk of the court of claims shall
notify the state treasurer of the order when providing the name of
the plaintiff, claimant, or individual under subsection (5), and
the name and identifying information of the plaintiff, claimant, or
individual is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) As used in this section, "support" means that term as
defined in section 2a of the friend of the court act, 1982 PA 294,
MCL 552.502a.