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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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HOUSE BILL 2319 |
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AN ACT
amending section 12-821.01, Arizona Revised Statutes; relating to actions against public entities or public 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 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 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 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 caused or contributed to the damage.
C. Notwithstanding subsection A, any claim which 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 subsection shall 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 to all causes of action which accrue on or after the effective date of this section July 17, 1994.
G. This section does not apply to any claim for just compensation pursuant to chapter 8, article 2.1 of this title.
Sec. 2. Legislative findings
The legislature finds that the purpose of this act is to address the February 22, 2011, court of appeals decision in Turner v. City of Flagstaff, 226 Ariz. 341, 247 P.3d 1011 (App. 2011). The court held that a property owner seeking just compensation pursuant to the Arizona Private Property Rights Protection Act (PPRPA), title 12, chapter 8, article 2.1,Arizona Revises Statues, must send both a demand letter pursuant to section 12‑1134, subsection E, Arizona Revised Statutes, and a notice of claim letter pursuant to section 12‑821.01, Arizona Revised Statutes, before filing a lawsuit. The legislature finds that compelling a property owner to comply with both pre-suit requirements rather than just PPRPA's requirements burdens property rights and appears to contravene PPRPA's intent to secure greater protection for property rights.