Summary — SB 1189 (amends MCL 600.6452)
Status: Introduced Feb 7, 2025; referred to Committee on Government Operations. (Legislative history in the record also shows prior Senate action in Dec. 2024 on an earlier substitute.)
Purpose
- To amend section 6452 of the Revised Judicature Act (MCL 600.6452), which governs when claims against the State of Michigan must be filed in the Court of Claims.
- The bill clarifies the statute-of‑limitations rule that bars claims against the state and addresses related procedural points (application of chapter 58 rules, certain Attorney General powers, retroactivity, and conditions for taking effect).
Key provisions and changes
- Filing deadline: Reaffirms that “every claim against this state, cognizable by the court of claims, is forever barred” unless filed with the clerk of the Court of Claims (or an authorized federal action is commenced) within 3 years after the claim first accrues. (Amends MCL 600.6452(1).)
- Application of general limitation rules: States that, except as modified in this section, chapter 58 of the Revised Judicature Act (the general limitations-of-actions chapter) applies to the limitation under this section. (Subsec. (2).)
- Attorney General powers: Explicitly gives the Attorney General the same rights as a creditor to petition for appointment of a personal representative of a decedent’s estate, and the same rights as a superintendent of the poor to petition for appointment of a guardian of the estate of a minor or other person under disability. (Subsecs. (3)–(4).)
- Exclusions: The section will not apply to (a) claims under the Wrongful Imprisonment Compensation Act (2016 PA 343, MCL 691.1751–691.1757) and (b) claims to which MCL 600.5851b applies. (Subsec. (5).)
- Retroactivity: The bill states it applies retroactively to actions pending on the effective date and to actions brought under MCL 600.5851b(4).
- Conditional effective date: The amendatory act is written so it does not take effect unless specified companion bills are also enacted (the bill text references particular companion bill numbers in different drafts).
Who is affected
- Claimants seeking monetary or other claims against the State of Michigan that are cognizable in the Court of Claims.
- The Attorney General (through clarified petitioning rights).
- Courts and clerks that process Court of Claims filings (because of the clarified filing deadline and chapter 58 applicability).
- Potentially survivors and other litigants whose causes of action may be governed by companion bills (the bill contains conditional-effect language tying it to other pending legislation).
Procedural/timeline notes and impact
- The bill restates a three‑year filing deadline; because of the retroactivity clause, pending claims and recent accruals could be affected on the bill’s effective date.
- The conditional-effective provision means SB 1189 may only take effect if related companion bills are enacted—watch the companion bill(s) named in the enactment clause to determine final effect.
- If enacted as written, the measure clarifies procedural authority for the Attorney General and the interaction between the Court of Claims filing rule and the general limitations chapter, but it does not by itself extend or suspend the three‑year deadline. Stakeholders (particularly prospective claimants) should monitor companion bills and the bill’s final effective date.
