HB481 Alabama 2010 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2010

Title

Board of Adjustment, State, limitation for certain claims affected by Ex Parte Hale County Board of Education extended, Sec. 41-9-65 am'd.

Summary

HB481 extends the filing deadline for certain contract claims against local state agencies to be heard by the State Board of Adjustment, giving plaintiffs who filed before the 2009 Ex Parte Hale County ruling one year after the act becomes effective to file.

What This Bill Does

The bill amends the time limits in Section 41-9-65 for different types of claims. It adds a one-year window after the act becomes effective for contract claims against local state agencies that were originally filed in circuit or district court before the 2009 ruling. It also keeps separate deadlines for death-related injuries (two years) and for escheats (ten years, with a specific minor age-based exception). It states the Board cannot hear any claim filed after the specified times, and the time rules apply to claims accruing before or after 1943. The act becomes effective on the first day of the third month after it passes and is approved by the Governor.

Who It Affects

• Individuals or entities who filed contract claims against local agencies of the state in circuit or district court before the 2009 ruling—now have one year after the act becomes effective to present those claims to the State Board of Adjustment.
• Local agencies of state government—as defendants in contract claims—fairly face updated deadlines and must respond within the new timeframes if such claims are brought to the Board.
• Claimants in escheat matters—subject to a 10-year filing window, with minors potentially filing within three years after reaching age 19.
• Persons with death-related injury claims—subject to a two-year deadline (with an exception if the case is carried into state courts).

Key Provisions

• Amends Section 41-9-65(a): generally one-year filing period after accrual; contract claims against local agencies filed in circuit/district court before the 2009 ruling must be presented within one year after the act's effective date.
• Section 41-9-65(b): death-related personal injury claims must be presented within two years after accrual; if first brought to state courts, the deadline does not start until a final judgment denying relief.
• Section 41-9-65(c): escheat claims must be filed within 10 years of the escheat; minor claims may be considered if filed within three years after the minor reaches age 19.
• Section 41-9-65(d): the Board may not hear claims filed outside the time limits; the new limits apply to claims accruing before or after July 10, 1943.
• Section 2: Effective date—this act becomes effective on the first day of the third month after it passes and is approved by the Governor (or otherwise becomes law).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Board of Adjustment, State