Bill Text: AZ HB2616 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed

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Bill Title: Claims; public agency; independent adjuster

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-03-08 - Referred to Senate GOV Committee [HB2616 Detail]

Download: Arizona-2016-HB2616-Engrossed.html

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House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HOUSE BILL 2616

 

 

 

AN ACT

 

amending Title 38, chapter 3, article 8, Arizona Revised Statutes, by adding section 38-512; relating to conflict of interest.

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 38, chapter 3, article 8, Arizona Revised Statutes, is amended by adding section 38-512, to read:

START_STATUTE38-512.  Claims against public agency; independent risk management claims adjuster; registry

A.  Any public officer of a public agency who has a personal or professional relationship with a person who has a substantial interest in any legal claim against the public agency shall make known that relationship in the official records of the public agency and shall refrain from voting on or otherwise participating in any manner as an officer in the legal claim.

B.  A public agency shall refer to an independent risk management claims adjuster who is listed on the registry of state‑approved independent risk management claims adjusters any legal claim that is filed by a public officer of that public agency.  The independent risk management claims adjuster shall investigate and may negotiate a settlement of the claim.  The public agency shall deduct the cost of hiring the independent risk management claims adjuster from the settlement amount, and the deducted amount may not be awarded to the claimant.  If the independent risk management claims adjuster settles the claim, the public agency may not increase the amount of the claim unless the public agency refers the adjustment to a vote of the qualified electors at a special or general election.

C.  The department of administration shall establish a list of state‑approved independent risk management claims adjusters pursuant to rule. END_STATUTE