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HB 5939

Civil procedure: other; notice requirements for actions filed in the court of claims; modify. Amends sec. 6431 of 1961 PA 236 (MCL 600.6431).

2023-2024 Regular Session Introduced by Jim Haadsma

HB5939 lets the Court of Claims filing be the later of: 1 year after accrual or the action's statute; for property damage/personal injury, 6 months or the statute, whichever later.

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Bill Summary · HB 5939

Summary — HB 5939 (Amendment to MCL 600.6431 — Court of Claims notice/timing)

Sponsor: Rep. Jim Haadsma
Committee of Origin: Judiciary
Current status (key actions): Introduced 9/17/2024; passed House with immediate effect 12/13/2024; referred to Committee on Government Operations 12/18/2024; later referred to Joint Committee on Energy and Technology 1/22/2025. Reported from committee 12/4/2024.

Purpose / Intent

HB 5939 amends section 6431 of the Revised Judicature Act (MCL 600.6431) to modify the timing for when a claimant must file a claim or notice to initiate a civil action against the State in the Michigan Court of Claims. The change is intended to align the Court of Claims filing deadline with the ordinary statute of limitations for the underlying cause of action when that period is longer than the current one‑year notice rule.

Key provisions / changes

  • Filing deadline (general): Replaces the previous strict “within 1 year after the claim has accrued” requirement with a dual standard — a claim may be filed either within 1 year after accrual or within the statute of limitations applicable to the particular cause of action, whichever is later. (Amends subsection (1).)
  • Property damage / personal injury: For property damage or personal injury claims, the deadline is set at within 6 months after the event or within the statute of limitations applicable to the cause of action, whichever is later. (Amends subsection (4).)
  • Contents of claim/notice: Retains requirements that a claim or notice must state the time and place of the claim, a detailed description of the claim and damages, identify the state department/agency involved, and be signed and verified before an officer authorized to administer oaths. (Subsection (2).)
  • Service/transmittal: Claimant must provide copies for transmittal to the Attorney General and the state entities named in the claim. (Subsection (3).)
  • Applicability: Adds explicit language that section 6431 applies only to claims brought in the Court of Claims. (Subsection (5).)
  • Exemption: Continues the existing exception for wrongful imprisonment compensation claims under 2016 PA 343. (Subsection (6)/(5).)

Who is affected

  • Claimants bringing civil suits against the State of Michigan, its departments, agencies, boards, institutions, officers, employees, or volunteers acting within the scope of authority.
  • The State (defendants) and the Attorney General’s office, which receives notices and represents state entities.
  • The Michigan Court of Claims, which may receive more cases if filing windows are extended.

Definitions in the analysis clarify “state or any of its departments or officers” to include state governing bodies, agencies, and officers/employees/volunteers acting within scope of authority.

Procedural / timeline aspects

  • The bill changes filing windows immediately for Court of Claims actions if enacted as passed by the House with immediate effect.
  • House Fiscal Agency notes Michigan civil statutes of limitations vary (typically 3–10 years depending on the claim), so many claimants could gain a substantially longer filing window under the “whichever is later” standard.

Fiscal and stakeholder notes

  • Fiscal impact: Potentially indeterminate — if more suits are filed in the Court of Claims because of extended filing windows, court workload and costs could increase.
  • Positions recorded: Testimony in support from a representative of Fagan McManus, PC (12/4/24); the Michigan Department of Attorney General indicated opposition (12/4/24).

Legal context

  • Amends MCL 600.6431 (section previously amended by 2020 PA 42).
  • Does not affect substantive causes of action or the underlying statutes of limitations themselves — it modifies the timing requirement for initiating Court of Claims proceedings against the State.

Compiled from official sources — confirm details with the bill’s official record.

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