HOUSE BILL NO. 6253
September 23, 2020, Introduced by Reps.
Pohutsky, Brixie, Shannon, Yancey, Lasinski, Wittenberg, Cherry, Kuppa,
Greig, Ellison, Tate, Peterson, Coleman, Sneller, Stone, Cynthia Johnson,
Hood, Hope, Sabo, Sowerby, Tyrone Carter, Manoogian, Hertel, Guerra, Brenda
Carter, Chirkun, Kennedy, Hoadley, Pagan, Bolden, Warren, Garrett 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), section 6431 as amended by 2020 PA 42 and section 6452 as amended by 2020 PA 44.
the people of the state of michigan enact:
Sec. 6431. (1) Except as otherwise provided in this
section, a claim may not be maintained against this state unless the claimant,
within 1 year after 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 this state or any of its departments, commissions, boards,
institutions, arms, or agencies.
(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 the claim arose.
(b) A detailed statement
of the nature of the claim and of the items of damage alleged or claimed to
have been sustained.
(c) A designation of any
department, commission, board, institution, arm, or agency of the state involved
in connection with the claim.
(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 filed under subsection (1) to the clerk at
the time of filing 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) 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
within 6 months after the event that gives rise to the claim.
(5) This section does not
apply to a claim for either of the following:
(a)
A claim for compensation under the
wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.
(b)
A claim to recover damages because of criminal sexual conduct, as that term is
defined in section 5851b.
Sec. 6452. (1) Every claim against this state,
cognizable by the court of claims, is forever barred unless the claim is filed
with the clerk of the court or 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, chapter 58, relative to the limitation of actions, also applies
to the limitation under this section.
(3) The attorney general
has the same right as a creditor under the statutes of this state to petition
for the appointment of a personal representative of the estate of a deceased
person.
(4) The attorney general
has the same right as a superintendent of the poor under the statutes of this
state to petition for the appointment of a guardian of the estate of a minor or
any other individual under a disability.
(5) This section does not
apply to a claim for either of the following:
(a)
A claim for compensation under the
wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.
(b)
A claim to recover damages because of criminal sexual conduct, as that term is
defined in section 5851b.
Enacting section 2. This amendatory act does not take
effect unless all of the following bills of the 100th Legislature are enacted
into law:
(a) Senate Bill No.____ or House Bill No. 6254
(request no. 05466'19 *).
(b) Senate Bill No.____ or House Bill No. 6252 (request
no. 05962'20 *).