Bill Text: MI SB0876 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Courts; other; court of claims; statute of limitation in certain types of cases involving minor claimants; modify. Amends sec. 6452 of 1961 PA 236 (MCL 600.6452).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-03-15 - Referred To Committee On Law And Justice [SB0876 Detail]
Download: Michigan-2017-SB0876-Engrossed.html
SB-0876, As Passed Senate, March 14, 2018
SENATE BILL No. 876
February 27, 2018, Introduced by Senators HORN, O'BRIEN, JONES, KNOLLENBERG, KNEZEK, HERTEL, BIEDA, ROCCA, EMMONS, CONYERS, ANANICH, HOPGOOD, STAMAS, BRANDENBURG, MARLEAU, COLBECK, ZORN, KOWALL and SHIRKEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 6452 (MCL 600.6452).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6452. (1) Every Except as
otherwise provided in this
section, every claim against the state, cognizable by the court of
claims,
shall be is forever barred unless the claim is filed with
the
clerk of the court or a suit is
instituted thereon on the claim
in
federal court as authorized in under
section 6440, within 3
years after the claim first accrues.
(2)
Except as modified by otherwise
provided in this section,
the
provisions of RJA chapter 58, relative to the limitation of
actions,
shall also be applicable applies
to the limitation
Senate Bill No. 876 as amended March 14, 2018
prescribed in 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 a case
made and provided, to petition for the
granting of letters of administration of the estate of any 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 a case
made and provided, to
petition for the appointment of a guardian of the estate of a minor
or any other person under disability.
(5) The time limitations under subsections (1) and (2) do not
apply to a claim for sexual misconduct committed against an
individual who is less than 18 years of age.
(6) Subsection (5) must be applied retroactively to January 1,
<<1997>>.
(7) As used in this section, "sexual misconduct" means the
conduct described in sections 136, 145a, 145b, 145c, 520b, 520c,
520d, 520e, and 520g of the Michigan penal code, 1931 PA 328, MCL
750.136, 750.145a, 750.145b, 750.145c, 750.520b, 750.520c,
750.520d, 750.520e, and 750.520g, regardless of whether the conduct
resulted in a criminal conviction under those sections.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
