Bill Text: MI HB5817 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Civil procedure; other; actions against this state; allow state administrative board to consider claims for pothole damage up to $5,000.00. Amends sec. 6419 of 1961 PA 236 (MCL 600.6419).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-18 - Bill Electronically Reproduced 04/17/2018 [HB5817 Detail]
Download: Michigan-2017-HB5817-Introduced.html
HOUSE BILL No. 5817
April 17, 2018, Introduced by Reps. Camilleri, Green, Gay-Dagnogo, Chang, Greimel, Wittenberg, Zemke, Hammoud, Sowerby, Ellison, Geiss, Hertel, Chirkun, LaGrand, Jones and Scott and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 6419 (MCL 600.6419), as amended by 2013 PA 164.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6419. (1) Except as provided in sections 6421 and 6440,
the jurisdiction of the court of claims, as conferred upon it by
this chapter, is exclusive. All actions initiated in the court of
claims
shall must be filed in the court of appeals. The Subject to
subsection
(7), the state administrative board is
vested with has
discretionary
authority upon on the advice of the attorney general
to
hear, consider, determine, and allow any claim against the this
state in an amount less than $1,000.00. Any claim so allowed by the
state
administrative board shall must
be paid in the same manner as
judgments
are paid under section 6458 upon on certification of the
allowed claim by the secretary of the state administrative board to
the clerk of the court of claims. Except as otherwise provided in
this section, the court has the following power and jurisdiction:
(a) To hear and determine any claim or demand, statutory or
constitutional, liquidated or unliquidated, or ex contractu or ex
delicto,
or any demand for monetary, equitable, or declaratory
relief, or any demand for an extraordinary writ against the state
or any of its departments or officers notwithstanding another law
that confers jurisdiction of the case in the circuit court.
(b) To hear and determine any claim or demand, statutory or
constitutional, liquidated or unliquidated, or ex contractu or ex
delicto,
or any demand for monetary, equitable, or declaratory
relief, or any demand for an extraordinary writ that may be pleaded
by way of counterclaim on the part of the state or any of its
departments or officers against any claimant who may bring an
action in the court of claims. Any claim of the state or any of its
departments or officers may be pleaded by way of counterclaim in
any action brought against the state or any of its departments or
officers.
(c) To appoint and utilize a special master as the court
considers necessary.
(d) To hear and determine any action challenging the validity
of a notice of transfer described in section 6404(2) or (3).
(2)
The A judgment entered by the court of claims upon on any
claim described in subsection (1), either against or in favor of
the
state or any of its departments or officers, upon on becoming
final, is
res judicata of that claim. Upon On the trial of any
cause
an action in which any a demand is made by the
state or any
of its departments or officers against the claimant either by way
of setoff, recoupment, or cross declaration, the court shall hear
and determine each claim or demand, and if the court finds a
balance due from the claimant to the state, the court shall render
judgment in favor of the state for the balance. Writs of execution
or
garnishment may issue upon on
the judgment the same as from the
circuit
court of this state. The A
judgment entered by the court of
claims
upon on any claim, either for or against the claimant, is
final unless appealed from as provided in this chapter.
(3) The court of claims does not have jurisdiction of any
claim for compensation under either of the following:
(a) The worker's disability compensation act of 1969, 1969 PA
317, MCL 418.101 to 418.941.
(b) 1937 PA 329, MCL 419.101 to 419.104.
(4) This chapter does not deprive the circuit court of this
state of jurisdiction over actions brought by the taxpayer under
the
general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, upon
in
the circuit court, or proceedings
to review findings as provided
in the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL
421.1 to 421.75, or any other similar tax or employment security
proceedings expressly authorized by the statutes of this state.
(5) This chapter does not deprive the circuit court of
exclusive jurisdiction over appeals from the district court and
administrative agencies as authorized by law.
(6) This chapter does not deprive the circuit court of
exclusive jurisdiction to issue, hear, and determine prerogative
and remedial writs consistent with section 13 of article VI of the
state constitution of 1963.
(7) The state administrative board has discretionary authority
on the advice of the attorney general to hear, consider, determine,
and allow any claim as provided in subsection (1) if all of the
following apply to the claim:
(a) The claim is against the state transportation department
for failure to maintain a highway under its jurisdiction as
provided in section 2 of 1964 PA 170, MCL 691.1402.
(b) The claim is based on the existence of a pothole in the
improved portion of the highway.
(c) The claim is in an amount less than $5,000.00.
(8) (7)
As used in this section, "the
state or any of its
departments
or officers" means this state or any state a governing,
legislative, or judicial body, department, commission, board,
institution,
arm, or agency of the this
state, or an officer,
employee,
or volunteer of this state or any a governing,
legislative, or judicial body, department, commission, board,
institution, arm, or agency of this state, if the officer,
employee,
or volunteer is acting, or who reasonably
believes that
he or she is acting, within the scope of his or her authority while
engaged in or discharging a government function in the course of
his or her duties.
