HB615 Alabama 2012 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2012

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

HB615 extends the time to file certain contract claims against local state agencies with the State Board of Adjustment for claims that were originally filed in circuit or district court before the 2009 Ex Parte Hale County ruling.

What This Bill Does

The bill amends the time limits in Section 41-9-65 to give a one-year window after the act becomes effective to present pre-2009 contract claims against local agencies of state government to the Board of Adjustment. It preserves existing time rules for other types of claims (death injuries, escheats, etc.) and adds procedural requirements for reimbursement-denial claims filed after 2009. Overall, it narrows or clarifies deadlines and adds specific conditions under which certain denials and reimbursements can be challenged.

Who It Affects

• Claimants who originally filed contract claims against local agencies of state government in circuit or district court prior to the 2009 ruling and still seek relief; they gain a new one-year period after the act's effective date to present the claim to the State Board of Adjustment.
• Local agencies of state government that would be subject to these contract claims; they must respond to timely-presented claims within the new one-year window and are affected by the added procedural requirements for reimbursement-denial claims.

Key Provisions

• Amends Section 41-9-65 to extend the time to present pre-2009 contract claims against local state agencies to the Board of Adjustment, within one year after the act's effective date.
• Maintains existing limits for death-injury claims: two years to present, with tolling if first pursued in state courts until a final judgment.
• Maintains escheats-related deadlines: ten years to file, with a minor-specific exception allowing filing within three years after a minor reaches 19.
• Prohibits the Board from hearing claims not filed within the specified times, applying to accruals dating back to 1943.
• For reimbursement-denial claims filed on or after October 1, 2009, the Board may uphold the agency's denial only if certain procedural conditions are met (written procedures with timelines, distribution to counties, proper application of procedures, and timely written notice with appeal instructions).
• If a reimbursement-denial claim falls under (e), the Board's one-year limit in (a) applies, and the accrual date is the denial date; the Board may uphold a late denial if the request was submitted more than 12 months after the November 30 following the close of the fiscal year in which the expense was incurred.
• Effective date: the act becomes effective on the first day of the third month after passage and governor approval, or when it otherwise becomes law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Board of Adjustment, State