SB469 Alabama 2012 Session

Summary

Primary Sponsor

Del Marsh

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

SB469 extends the filing deadline for contract claims against local state agencies to the State Board of Adjustment for cases filed before the 2009 Ex Parte Hale County Board of Education decision.

What This Bill Does

It amends Section 41-9-65 to allow contract claims against local agencies of state government that were originally filed in circuit or district court before the 2009 ruling to be presented to the State Board of Adjustment within one year after the act becomes law. The general rule remains that most claims must be filed within one year after accrual. There are separate deadlines for other claim types: two years for injury resulting in death, ten years for escheats, and a special window for minors. The bill also adds requirements related to reimbursement-denial claims against counties and agencies, including how accrual dates are determined and when the Board can hear those claims.

Who It Affects

• Claimants who filed contract claims against local agencies of state government in circuit or district court before 2009, who gain a one-year window after the act becomes law to present those claims to the Board of Adjustment.
• Local agencies of state government, whose contract-claim timelines and related procedures (including reimbursement-denial processes) are affected by the new rules.

Key Provisions

• Amends Section 41-9-65(a) to require contract claims against local agencies filed in circuit/district court before the 2009 Ex Parte Hale County ruling to be presented to the Board within one year after the act's effective date.
• Maintains a general one-year filing deadline for most claims after accrual unless otherwise specified in this section.
• Sets a two-year deadline for claims arising from injury to a person resulting in death.
• Sets a ten-year deadline for escheats to the State of Alabama, with a special minor filing window (claims by minors may be considered if filed within three years after the minor turns 19.
• Prohibits the Board from hearing claims not filed within the time limits; the limitations apply to both pre- and post-1943 accruals.
• Adds procedures for county reimbursement-denial claims filed on or after October 1, 2009, requiring written agency procedures, distribution of procedures, proper application of procedures, and timely written notice with appeal instructions.
• Specifies that for reimbursement-denial claims, the Board’s one-year limit applies for accrual purposes, with accrual tied to the date of the agency’s denial and a time limit tied to the fiscal year-end timeline.

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