Bill Text: MI SB0068 | 2019-2020 | 100th Legislature | Chaptered

Michigan Senate Bill 68 (Prior Session Legislation)

Bill Title: Civil procedure; other; court of claims statute of limitations; exempt claims under the wrongful imprisonment compensation act. Amends sec. 6452 of 1961 PA 236 (MCL 600.6452). TIE BAR WITH: HB 5118'19, HB 5117'19

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2020-03-04 - Assigned Pa 0044'20 With Immediate Effect [SB0068 Detail]

Download: Michigan-2019-SB0068-Chaptered.html

Act No. 44

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 Senators Wojno, Moss, Hertel, Chang, Alexander, Outman, Bullock, Geiss, McMorrow, Polehanki and Irwin

ENROLLED SENATE BILL No. 68

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 6452 (MCL 600.6452).

The People of the State of Michigan enact:

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

Enacting section 1. Section 6452 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6452, 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) House Bill No. 5117.

(b) House Bill No. 5118.

This act is ordered to take immediate effect.