HB 377 — To allow for the payment of uncontested claims on an expedited basis for the Board of Adjustment.

HB377 INTRODUCEDENROLLED 4ZA9RR-14ZA9RR-2 By Representative South RFD:

25-Apr-23 2023 Regular Session Page 0 4ZA9RR-1HB377 04/19/2023Enrolled EBO-DHCEnrolled, EBOAn JTAct, EBO-2023-373 2To 4allow SYNOPSIS:for the payment of uncontested claims on an expedited basis for the Board of Adjustment.

This bill would provide for the payment of uncontested claims on an expedited basis for the Board of Adjustment.

9 A BILL TO BE ENTITLED AN ACT To allow for the payment of uncontested claims on an expedited basis for the Board of Adjustment.

(1) All claims for damages to the person or property growing out of any injury done to either the person or property by the State of Alabama or any of its agencies, commissions, boards, institutions or departments, with the exception of claims by employees of the state for personal injury or death arising out of the course of employment with the State of Alabama, where such employees are covered by an Page 1 HB377 INTRODUCED employee injury compensation program;

(3) All claims of members of the public at large or of officers of the law who are not employees of the state arising out of injuries sustained while attempting to recapture escaped convicts, which convicts have escaped after they have Page 1 HB377 Enrolled been placed in the actual custody of the Department of Corrections;

(7) All claims for underpayment by the State of Alabama or any of its agencies, commissions, boards, institutions or Page 2 HB377 INTRODUCED departments to parties having dealings with the State of Alabama or any of its agencies, commissions, boards, institutions or departments;

Awards Page 2 HB377 Enrolled payable to any such student for injuries sustained in such accident shall be equal to the maximum benefits payable to employees as provided in Chapter 5 of Title 25 for injuries, loss of time or medical attendance;

Awards for such injuries or death shall constitute a prior and preferred claim against moneys appropriated for the minimum program Page 3 HB377 INTRODUCED fund, and no part of any such award shall be charged against any funds allotted to the school board of the county or city or the district board of education of the independent school district where said accident occurred.

If it should appear to the Board of Adjustment after investigation that the accident causing the injury or death of such student was caused under circumstances also creating a legal liability for damages on the part of any party and it should further appear to the Board of Adjustment that claim may be made against such party by such student, his parent or legal representative to recover 95 damages, then, in that event, any payment otherwise due under Page 3 HB377 Enrolled this subdivision may be withheld by the Board of Adjustment pending final settlement of such claim and, if said student or his parent or legal representative recovers damages against said party, any sum so recovered and collected may be offset against payments due under this subdivision, and the balance due, if any, shall thereafter be promptly paid by the Board of Adjustment.

Minor students shall have, for the purpose of this subdivision, the 95 same power to contract, make elections of remedy, make settlements and receive compensation as adults would have subject to the power of the Board of Adjustment in its discretion at any time to require the appointment of a guardian to receive moneys or awards and payments of awards made to such minor students or their guardian shall exclude any further compensation either to the minor students or to Page 4 HB377 INTRODUCED their parents for loss of service or otherwise.

Page 4 HB377 Enrolled provided further, that the Board of Adjustment shall have no jurisdiction over claims growing out of forfeitures or of contracts with any state agency, commission, board, institution or department where, by law or contract, said state agency, commission, board, institution or department is made the final arbiter of any disagreement growing out of forfeitures or of contracts of said state agency, commission, board, institution or department, and, particularly, the Board of Adjustment shall have no jurisdiction of disagreements arising out of contracts entered into by the Department of Transportation.

(d) The Board of Adjustment may approve uncontested Page 5 HB377 INTRODUCED claims on an expedited basis without a full hearing, subject to the forms and rules promulgated under Section 41-9-66." Section 2.

Page 65 HB377 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 23-May-23.

John Treadwell Clerk Senate 01-Jun-23 Passed Page 6