Bill Text: MI SB1189 | 2023-2024 | 102nd Legislature | Engrossed


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 sec. 6452 of 1961 PA 236 (MCL 600.6452). TIE BAR WITH: SB 1187'24, SB 1188'24

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2024-12-13 - Referred To Committee On Government Operations [SB1189 Detail]

Download: Michigan-2023-SB1189-Engrossed.html

 

 

Substitute For

SENATE BILL NO. 1189

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 6452 (MCL 600.6452), as amended by 2020 PA 44.

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 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 which section 5851b applies.

Enacting section 1. This amendatory act applies retroactively to actions pending on the effective date of this amendatory act and to actions brought under section 5851b(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.5851b.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 1187.

(b) Senate Bill No. 1188.

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