Bill Text: MI SB1033 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Civil procedure: statute of limitations; statute of limitations for criminal sexual conduct violations; revise statute of limitations and notice requirements for actions against state government. Amends secs. 6431 & 6452 of 1961 PA 236 (MCL 600.6431 & 600.6452). TIE BAR WITH: SB 1032'22, SB 1034'22
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2022-05-11 - Referred To Committee On Judiciary And Public Safety [SB1033 Detail]
Download: Michigan-2021-SB1033-Introduced.html
SENATE BILL NO. 1033
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 101st Legislature are enacted into law:
(a) Senate Bill No. 1032.
