Bill Text: MI HB5117 | 2019-2020 | 100th Legislature | Chaptered

Michigan House Bill 5117 (Prior Session Legislation)

Bill Title: Civil procedure; other; court of claims notification requirements; exempt claims under the wrongful imprisonment compensation act. Amends sec. 6431 of 1961 PA 236 (MCL 600.6431). TIE BAR WITH: HB 5118'19, SB 0068'19

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-03-04 - Assigned Pa 42'20 With Immediate Effect [HB5117 Detail]

Download: Michigan-2019-HB5117-Chaptered.html

Act No. 42

Public Acts of 2020

Approved by the Governor

March 3, 2020

Filed with the Secretary of State

March 3, 2020

EFFECTIVE DATE: March 3, 2020

state of michigan

100th Legislature

Regular session of 2020

Introduced by Rep. Bolden

ENROLLED HOUSE BILL No. 5117

AN ACT to amend 1961 PA 236, entitled �An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,� by amending section 6431 (MCL 600.6431).

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 compensation under the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.

Enacting section 1. Section 6431 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6431, as amended by this amendatory act, applies retroactively to March 29, 2017.

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. 68.

(b) House Bill No. 5118.