Senate Introduced Bill 638























SENATE BILL NO. 638


   June 9, 1999, Introduced by Senators SIKKEMA and SHUGARS and
        referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 308, 1416, 6431, 6440, 6452, 6458, 6467,

   6470, and 6475 (MCL 600.308, 600.1416, 600.6431, 600.6440,

   600.6452, 600.6458, 600.6467, 600.6470, and 600.6475), section

   308 as amended by 1994 PA 375, and by adding section 645; and to

   repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 308.  (1)  The  EXCEPT AS PROVIDED IN
             SUBSECTION (2),

 2    THE court of appeals has jurisdiction on appeals from the follow-

 3    ing orders and judgments which shall be appealable as a matter of

 4    right:

 5         (a) All final judgments from the circuit court.  ,
             

 6         (B) ALL FINAL JUDGMENTS OF THE FORMER court of claims 
             , 

 7    and THE FORMER recorder's court  , except judgments on
             ordinance


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 1    violations in the traffic and ordinance division of
             recorder's

 2     court and final judgments and orders described in subsection
                       (2) 

 3    THAT WERE ENTERED BEFORE THE RESPECTIVE DATES ON WHICH EACH OF

 4    THOSE COURTS WAS ABOLISHED.

 5         (C)  (b)  Those orders of the probate court
             from which an

 6    appeal as of right may be taken under section 861.

 7         (2) The court of appeals has jurisdiction on appeal from the

 8    following orders and judgments which shall be reviewable only

 9    upon application for leave to appeal granted by the court of

10    appeals:

11         (a) A final judgment or order made by the circuit court

12    under any of the following circumstances:

13         (i) In an appeal from an order, sentence, or judgment of
             the

14    probate court under section 863(1) and (2).

15         (ii) In an appeal from a final judgment or order of the
             dis-

16    trict court appealed to the circuit court under section 8342.

17         (iii) An appeal from a final judgment or order of a
             munici-

18    pal court.

19          (iv) In an appeal from an ordinance violation
             conviction in

20     the traffic and ordinance division of recorder's court of
                       the

21     city of Detroit if the conviction occurred before September
                       1,

22     1981. 

23         (b) An order, sentence, or judgment of the probate court if

24    the probate court certifies the issue or issues under section

25    863(3).







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 1         (c) A final judgment or order made by the FORMER recorder's

 2    court of the city of Detroit in an appeal from the district court

 3    in the thirty-sixth district pursuant to section 8342(2).

 4         (d) A final order or judgment from the circuit court, or BY

 5    THE FORMER recorder's court for the city of Detroit, based upon a

 6    defendant's plea of guilty or nolo contendere.

 7         (e) Any other judgment or interlocutory order as determined

 8    by court rule.

 9         SEC. 645.  (1) THE COURT OF CLAIMS IS ABOLISHED EFFECTIVE

10    JANUARY 1, 2001.  A CLAIM AGAINST THE STATE THAT IS BROUGHT AFTER

11    JANUARY 1, 2001 SHALL BE COMMENCED IN THE COURT HAVING JURISDIC-

12    TION OVER THAT MATTER AS PROVIDED BY LAW AND COURT RULES.

13         (2) A CASE THAT IS PENDING IN THE COURT OF CLAIMS ON JANUARY

14    1, 2000 SHALL BE TRANSFERRED TO THE CIRCUIT COURT FOR THE THIRTI-

15    ETH JUDICIAL CIRCUIT AND SHALL BE ASSIGNED TO A JUDGE OF THAT

16    JUDICIAL CIRCUIT.

17         Sec. 1416.  (1) The following courts are courts of record

18    and possess seals:

19         (a)  the  THE supreme court.  ,
             

20         (b)  the several  THE circuit  courts,
              COURT.

21         (c)  the several  THE probate  courts,
              COURT.

22          (d) the recorder's court of Detroit,

23          (e) the court of claims, and 

24         (D)  (f) any  ANY other courts the legislature
             designates as

25    courts of record.

26         (2) Whenever the seal of any court becomes unusable the

27    court shall have that seal destroyed.



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 1         (3) Whenever the seal of any court is lost or destroyed that

 2    court shall have a duplicate made which then shall become the

 3    seal of that court.

 4         (4) The expense of a new seal for a court shall be paid from

 5    the state treasury.

 6         Sec. 6431.  (1)  No  A claim may NOT be
             maintained against

 7    the state unless the claimant, within 1 year after  such
              THE

 8    claim has accrued, files in the office of the clerk of the court

 9     of claims  HAVING JURISDICTION either a written
             claim or a writ-

10    ten notice of intention to file a claim against the state or any

11    of its departments, commissions, boards, institutions, arms, or

12    agencies.  , stating  THE WRITTEN CLAIM OR NOTICE
             OF INTENTION

13    SHALL STATE the time when and the place where  such
              THE claim

14    arose and in detail the nature of the  same  CLAIM
             and of the

15    items of damage alleged or claimed to have been sustained, 
             which

16     claim or notice  AND shall be signed and verified
                       by the claimant

17    before an officer authorized to administer oaths.

18         (2)  Such  A WRITTEN claim or notice OF
             INTENTION TO FILE A

19    CLAIM shall designate any department, commission, board, institu-

20    tion, arm, or agency of the state involved in connection with

21     such  THE claim.  , and a  A copy
             of  such  THE claim or notice

22    shall be furnished to the clerk at the time of the filing of the

23    original for transmittal to the attorney general and to each of

24    the departments, commissions, boards, institutions, arms, or

25    agencies designated.

26         (3) In all actions AGAINST THE STATE for property damage or

27    personal injuries, THE claimant shall file with the clerk of the



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 1    court  of claims  HAVING JURISDICTION a notice of
             intention to

 2    file a claim or the claim itself within 6 months following the

 3    happening of the event giving rise to the cause of action.

 4         Sec. 6440.  No  A claimant may  be
             permitted to  NOT file

 5    claim in  said  court against the state 
             nor  OR AGAINST any

 6    department, commission, board, institution, arm, or agency

 7     thereof who  OF THE STATE IF THE CLAIMANT has an
             adequate remedy

 8    upon his OR HER claim in the federal courts.  , but it
              IT is not

 9    necessary in the complaint filed to allege that claimant has no

10     such  adequate remedy IN THE FEDERAL COURTS, but
             that fact may

11    be put in issue by the answer or motion filed by the state or the

12    department, commission, board, institution, arm, or agency

13     thereof  OF THE STATE.

14         Sec. 6452.  (1) Every claim against the state  ,
             cognizable

15     by the court of claims,  shall be forever barred
                       unless the claim

16    is filed with the clerk of  the court or  A COURT
             OF THIS STATE

17    THAT HAS JURISDICTION, OR UNLESS suit IS instituted  thereon
              ON

18    THE CLAIM in federal court as authorized in section 6440, within

19    3 years after the claim first accrues.

20         (2) Except as modified by this section, the provisions of

21     RJA  chapter 58, relative to the limitation of
             actions,  shall 

22    also  be  ARE applicable to the limitation
             prescribed in this

23    section.

24         (3) The attorney general  shall have  HAS the
             same right as

25    a creditor HAS under  the provisions of the statutes of the
             state

26     of Michigan in such case made and provided,  LAW to
                       petition for





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 1    the granting of letters of administration of the estate of any

 2    deceased person.

 3         (4) The attorney general  shall have  HAS the
             same right as

 4    a  superintendent of the poor under the provisions of the
             stat-

 5     utes of the state of Michigan in such case made and
                       provided, 

 6    COUNTY DEPARTMENT OF SOCIAL SERVICES to petition for the appoint-

 7    ment of a guardian of the estate of a minor or any other person

 8    under disability.

 9         Sec. 6458.  (1) In rendering any judgment against the state,

10    or any department, commission, board, institution, arm, or agency

11     thereof  OF THE STATE, the court shall determine
             and specify in

12     such  THE judgment the department, commission,
             board, institu-

13    tion, arm, or agency from whose appropriation  such
              THE judgment

14    shall be paid.

15         (2) Upon any judgment against the state or any department,

16    commission, board, institution, arm, or agency  thereof
              OF THE

17    STATE becoming final, or upon allowance of any claim by the state

18    administrative board and upon certification  thereof
              OF THE

19    CLAIM by the secretary of the state administrative board to the

20    clerk of the court of  claims, he  THE COURT THAT
             ENTERED THE

21    JUDGMENT OR ALLOWED THE CLAIM, the clerk of the court shall cer-

22    tify to the auditor general the fact that  such 
             THE judgment was

23    entered or that  such  THE claim was allowed and,
             EXCEPT AS PRO-

24    VIDED IN SUBSECTION (3), the  same  JUDGMENT OR
             CLAIM shall

25     thereupon  be paid from the unencumbered
             appropriation of the

26    department, commission, board, institution, arm, or agency. 
             :





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 1    Provided, however, That the auditor general determines the
             funds

 2     therein are sufficient for such payment.  In the event that
                       

 3         (3) IF THE AUDITOR GENERAL DETERMINES THAT funds are not

 4     available  SUFFICIENT to pay  any such
              THE judgment or allowed

 5    claim, the auditor general shall instruct the clerk of the court

 6     of claims  to issue a voucher against an
             appropriation made by

 7    the legislature for the payment of judgment claims and allowed

 8    claims.  In the event that funds are not available to pay
             any

 9     such judgment or allowed claim, such fact,  A
                       STATEMENT THAT

10    FUNDS ARE NOT SUFFICIENT TO PAY THE JUDGMENT OR CLAIM, together

11    with the name of the claimant, date of judgment  , 
             OR date of

12    allowance of claim by the state administrative board, and THE

13    amount  thereof  OF THE JUDGMENT OR CLAIM shall be
             reported to

14    the legislature at its next session, and  said  THE
             judgment or

15    allowed claim shall be paid as soon as  moneys 
             MONEY are avail-

16    able for such purpose.  The clerk shall not certify any judgment

17    to the auditor general until the period for appeal from 
             such 

18    THE judgment  shall have  HAS expired, unless
             written stipulation

19    between the attorney general and the claimant or  his
              THE

20    CLAIMANT'S attorney, waiving any right of appeal or new trial, is

21    filed with the clerk of the court.

22         (4)  (3)  The clerk shall approve vouchers
             under the direc-

23    tion of the court for the payment of  the several 
             judgments

24    rendered by  said  THE court.  All warrants issued
             in satisfac-

25    tion of  said  THOSE judgments shall be transmitted
             to the clerk

26    for distribution; and all warrants issued in satisfaction of

27    claims allowed by the state administrative board shall be



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 1    transmitted to the secretary of  said  THE STATE
             ADMINISTRATIVE

 2    board for distribution.

 3         Sec. 6467.  The court  shall have power to 
             PRESIDING OVER

 4    AN ACTION BROUGHT AGAINST THE STATE MAY call upon any officer,

 5    department, institution, board, arm, or agency of the state gov-

 6    ernment for any examination, information, or papers pertinent to

 7    the issues involved in  any case then pending before the
             court 

 8    THAT ACTION.  No  A state employee shall NOT
             receive any addi-

 9    tional fees or compensation for rendering  such 
             THOSE services

10    or appearing as a witness before the court upon behalf of the

11    state.

12         Sec. 6470.  Any  A person who corruptly
             practices, or

13    attempts to practice, any fraud against the state of Michigan, in

14    the proof, statement, establishment, or allowance of any claim or

15    of any part of a claim, against the state, shall  thereby
              for-

16    feit the  same  CLAIM to the state.  and it
             shall be the duty of 

17    IF the court  of claims in such case to find  FINDS
             specifically

18    that  such  fraud was practiced, or attempted to be
             practiced,

19     and thereupon to give  THE COURT SHALL ENTER
             judgment that

20     such  THE claim is forfeited to the state and that
             the claimant

21     be  IS forever barred from prosecuting the
              same  CLAIM.

22         Sec. 6475.  In all actions brought  in the court of
             claims 

23    against the state to recover damages resulting from the negligent

24    operation by an officer, agent, or employee of the state of a

25    motor vehicle or an aircraft, other than a military aircraft, of

26    which the state is owner, the fact that the state, in the

27    ownership or operation of  such  THE motor vehicle
             or aircraft,



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                                   9

 1    was engaged in a governmental function  shall  IS
             not  be  a

 2    defense to  such  THE action.  This act shall not
             be construed to

 3    impose upon the state a liability other or greater than the

 4    liability imposed by law upon other owners of motor vehicles or

 5    aircraft.

 6         Enacting section 1.  Sections 6401, 6404, 6407, 6410, 6413,

 7    6416, 6419, 6419a, 6420, 6421, 6422, 6425, 6428, 6434, 6437,

 8    6443, 6446, 6449, 6461, and 6464 of the revised judicature act of

 9    1961, 1961 PA 236, MCL 600.6401, 600.6404, 600.6407, 600.6410,

10    600.6413, 600.6416, 600.6419, 600.6419a, 600.6420, 600.6421,

11    600.6422, 600.6425, 600.6428, 600.6434, 600.6437, 600.6443,

12    600.6446, 600.6449, 600.6461, and 600.6464, are repealed.
































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