March 8, 2018, Introduced by Senators BIEDA and JONES and referred to the Committee on Judiciary.
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 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.