June 5, 2018, Introduced by Reps. Neeley, Phelps, Sneller, Faris, Durhal, Wittenberg, Gay-Dagnogo, Peterson, Lasinski, Elder, Hoadley, Pagan, Moss, LaGrand, Rabhi, Ellison, Geiss, Love, Guerra, Yancey, Chirkun, Dianda and Garrett and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5805, 6431, and 6452 (MCL 600.5805, 600.6431,
and 600.6452), section 5805 as amended by 2012 PA 582, and by
adding section 5851b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5805. (1) A person shall not bring or maintain an action
to recover damages for injuries to persons or property unless,
after the claim first accrued to the plaintiff or to someone
through whom the plaintiff claims, the action is commenced within
the periods of time prescribed by this section.
(2) Except as otherwise provided in this section, the period
of limitations is 3 years after the time of the death or injury for
all actions to recover damages for the death of a person or for
injury to a person or property.
(3) (2)
Subject to subsections (3) and (4) and (5),
the period
of limitations is 2 years for an action charging assault, battery,
or false imprisonment.
(4) (3)
The period of limitations is 5
years for an action
charging assault or battery brought by a person who has been
assaulted or battered by his or her spouse or former spouse, an
individual with whom he or she has had a child in common, or a
person with whom he or she resides or formerly resided.
(5) (4)
The period of limitations is 5
years for an action
charging assault and battery brought by a person who has been
assaulted or battered by an individual with whom he or she has or
has had a dating relationship.
(6) (5)
The period of limitations is 2
years for an action
charging malicious prosecution.
(7) (6)
Except as otherwise provided in
this chapter, the
period of limitations is 2 years for an action charging
malpractice.
(8) (7)
The period of limitations is 2
years for an action
against a sheriff charging misconduct or neglect of office by the
sheriff or the sheriff's deputies.
(9) (8)
The period of limitations is 2
years after the
expiration of the year for which a constable was elected for
actions based on the constable's negligence or misconduct as
constable.
(10) (9)
The period of limitations is 1 year
for an action
charging libel or slander.
(10)
Except as otherwise provided in this section, the period
of
limitations is 3 years after the time of the death or injury for
all
actions to recover damages for the death of a person, or for
injury
to a person or property.
(11)
The period of limitations is 5 years for an action to
recover
damages for injury to a person or property brought by a
person
who has been assaulted or battered by his or her spouse or
former
spouse, an individual with whom he or she has had a child in
common,
or a person with whom he or she resides or formerly
resided.
(12)
The period of limitations is 5 years for an action to
recover
damages for injury to a person or property brought by a
person
who has been assaulted or battered by an individual with
whom
he or she has or has had a dating relationship.
(11) (13)
The period of limitations is 3
years for a products
liability
action. However, in the case of for
a product that has
been in use for not less than 10 years, the plaintiff, in proving a
prima
facie case, shall be required to must do so without the
benefit of any presumption.
(12) (14)
An action against a state licensed
architect or
professional engineer or licensed professional surveyor arising
from professional services rendered is an action charging
malpractice subject to the period of limitation contained in
subsection
(6).(7).
(13) The period of limitations for a cause of action arising
from a water emergency is 10 years. This subsection applies
retroactively.
(14) (15)
The periods of limitation under
this section are
subject to any applicable period of repose established in section
5838a, 5838b, or 5839.
(15) (16)
The amendments to this section made
by 2011 PA 162
apply to causes of action that accrue on or after January 1, 2012.
(16) (17)
As used in this section: ,
"dating
(a) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. Dating relationship does not include a
casual relationship or an ordinary fraternization between 2
individuals in a business or social context.
(b) "Water emergency" means the circumstances that resulted in
the issuance of a proclamation or declaration of emergency by the
governor under the emergency management act, 1976 PA 390, MCL
30.401 to 30.421, because of harmful effects of untreated drinking
water on a municipality's water infrastructure, which caused the
leaching of lead into the water, which caused damage to the water
system and potential negative health impacts to residents of the
municipality.
Sec. 5851b. (1) Notwithstanding section 5851, an individual
who, while a minor, sustains damages from a water emergency may
commence an action to recover damages sustained at any time before
whichever of the following is later:
(a) The individual reaches the age of 28 years.
(b) Three years after the date the individual discovers, or
through the exercise of reasonable diligence should have
discovered, both the individual's injury and the causal
relationship between the injury and the water emergency.
(2) This section applies retroactively.
(3) This section does not limit an individual's right to bring
an action under section 5851.
(4) As used in this section, "water emergency" means that term
as defined in section 5805.
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) 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
for damages arising from a water emergency, as that term is defined
in section 5805. This subsection applies retroactively.
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 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 under disability.incapacitated individual.
(5) This section does not apply to a claim for compensation
for damages arising from a water emergency, as that term is defined
in section 5805. This subsection applies retroactively.