HOUSE BILL NO. 5117

October 16, 2019, Introduced by Rep. Bolden and referred to the Committee on Judiciary.

"Revised judicature act of 1961,"

by amending sections 6431 and 6452 (MCL 600.6431 and 600.6452).

the people of the state of michigan enact:

Sec. 6431. (1) No Except as otherwise provided in this section, a claim may not be maintained against the this state unless the claimant, within 1 year after such 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 the this state or any of its departments, commissions, boards, institutions, arms, or agencies. , stating

(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 such the claim arose. and in detail

(b) A detailed statement of the nature of the same claim and of the items of damage alleged or claimed to have been sustained. , which claim or notice shall be signed and verified by the claimant before an officer authorized to administer oaths.

(c) (2) Such claim or notice shall designate A designation of any department, commission, board, institution, arm, or agency of the state involved in connection with such the claim. , and a copy of such

(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 shall be furnished filed under subsection (1) to the clerk at the time of the filing of the original 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) (3) In all actions 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 a notice of intention to file a claim or the claim itself within 6 months following the happening of after the event giving that gives rise to the cause of action.claim.

(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.

Sec. 6452. (1) Every claim against the this state, cognizable by the court of claims, shall be is forever barred unless the claim is filed with the clerk of the court or suit instituted thereon 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, the provisions of RJA chapter 58, relative to the limitation of actions, shall also be applicable applies to the limitation prescribed in under 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 case made and provided, to petition for the granting of letters of administration appointment of a personal representative of the estate of any a 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 case made and provided, to petition for the appointment of a guardian of the estate of a minor or any other person 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. Sections 6431 and 6452 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6431 and 600.6452, as amended by this amendatory act, apply retroactively to March 29, 2017.