Bill Text: AZ HB2753 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Notice; claim; public entity; employee
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-05 - Governor Signed [HB2753 Detail]
Download: Arizona-2012-HB2753-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 215
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HOUSE BILL 2753 |
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AN ACT
amending section 12-821.01, Arizona Revised Statutes; relating to claims against public entities and employees.
(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 or public employee
A. Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity 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 or public employee to understand the basis upon 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. Any claim which that is not filed 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 and knows or reasonably should know the cause, source, act, event, instrumentality or condition which that caused or contributed to the damage.
C. Notwithstanding subsection A, any claim which 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 provision shall subsection does not be construed to prevent the parties to any contract from agreeing to extend the time for filing such notice of claim.
D. Notwithstanding subsection A, 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 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 shall apply applies to all causes of action which that accrue on or after the effective date of this section 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.
APPROVED BY THE GOVERNOR APRIL 5, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2012.
