February 27, 2018, Introduced by Senators O'BRIEN, JONES, HORN, KNOLLENBERG, KNEZEK, HERTEL, BIEDA, ROCCA, EMMONS, CONYERS, ANANICH, HOPGOOD, BRANDENBURG, STAMAS, 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 6431 (MCL 600.6431).
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 state or any of its departments, commissions,
boards,
institutions, arms, or agencies.
, stating
(2) Except as otherwise provided in this section, 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
this 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 Except as
otherwise provided in this
section, 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) Subsections (2)(d) and (4) do not apply to a claim for
sexual misconduct committed against an individual who is less than
18 years of age.
(6) The claim or notice required for a claim described in
subsection (5) may be filed at any time after the event or events
that give rise to the claim.
(7) Both of the following apply to a claimant who brings a
claim under subsection (5):
(a) The claimant may bring his or her claim without providing
for the signature and verification required under subsection
(2)(d).
(b) The claimant may bring his or her claim in a manner that
protects his or her identity throughout the proceedings.
(8) The supreme court may adopt special rules of procedure
under section 6422 to implement subsection (7).
(9) Subsections (5), (6), and (7) must be applied
retroactively to January 1, 1993.
(10) 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.