Under case law since 1976, the Alabama Supreme Court had ruled that local agencies of the state could be sued in contract. In 2009, the Alabama Supreme Court overruled its prior ruling, holding that local agencies of state government are immune from suit. A suit filed by a party in circuit or district court prior to the Alabama Supreme Court's ruling in 2009, on a contract claim would generally be subject to dismissal by the court. However, because the time period for filing a claim with the State Board of Adjustment may have already passed, the party may not have any forum to have its claim heard on the merits
This bill would extend the time for filing a claim based on contract with the State Board of Adjustment against local agencies of state government if the claim was originally filed in circuit or district court prior to the Alabama Supreme Court ruling discussed above
To amend Section 41-9-65 of the Code of Alabama 1975, relating to the time for presenting claims before the State Board of Adjustment, to extend the time for presenting claims against local agencies of state government under certain conditions.
|April 5, 2012
|Read for the first time and referred to the Senate committee on Judiciary
|SB469 Alabama 2012 Session - Introduced