Bill Text: AZ HB2386 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Notice of claim; requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-12 - House Committee of the Whole action: Retained on the Calendar [HB2386 Detail]
Download: Arizona-2018-HB2386-Introduced.html
|
REFERENCE TITLE: notice of claim; requirements |
|
State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
|
|
HB 2386 |
|
|
|
Introduced by Representative Rivero
|
AN ACT
amending section 12‑821.01, Arizona Revised Statutes; relating to actions against public entities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-821.01, Arizona Revised Statutes, is amended to read:
12-821.01. Authorization of claim against public entity, public school or public employee
A. Persons who have claims against a public entity, a public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Payment in full of the amount included in the claim releases the public entity, public school or public employee from any further liability for the claim. Any claim that is not filed in substantial compliance with this section within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
B. For the purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged by a final official act of the public entity, public school or public employee and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage.
C. Notwithstanding subsection A of this section, any claim that must be submitted to a binding or nonbinding dispute resolution process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such procedures, processes or remedies have been exhausted. The time in which to give notice of a potential claim and to sue on the claim shall run from the date on which a final decision or notice of disposition is issued in an alternative dispute resolution procedure, administrative claim process or review process. This subsection does not prevent the parties to any contract from agreeing to extend the time for filing such notice of claim.
D. Notwithstanding subsection A of this section, a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases.
E. A claim against a public entity, public school or public employee filed pursuant to this section is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.
F. This section applies to all causes of action that accrue on or after July 17, 1994.
G. If a genuine issue of material fact exists as to whether the requirements of this section have been complied with, the issue shall be resolved before a trial on the merits and at the earliest possible time.
H. This section does not apply to any claim for just compensation pursuant to chapter 8, article 2.1 of this title.
Sec. 2. Applicability
Section 12‑821.01, Arizona Revised Statutes, as amended by this act, applies to claims filed against a public entity, public school or public employee after July 1, 2016, and such claims must be adjudicated under the requirements prescribed in section 12‑821.01, subsections A and B, Arizona Revised Statutes, as amended by this act, as if timely filed from and after March 31, 2018.
Sec. 3. Retroactivity
This act applies retroactively to from and after March 31, 2018.
