Senate Bill 2366 Summary

• Amends the Tort Claims Act (Section 11-46-11) to establish that notice requirements and compliance are jurisdictional prerequisites for any claim against a governmental entity, with failure to comply preventing the action from being properly filed.

• Requires claimants to file written notice of claim with the chief executive officer (or designated official) of the governmental entity at least 90 days before commencing an action, with service also permitted to county chancery clerks or city clerks.

• Establishes a tolling and filing period structure: the statute of limitations is tolled for 90 days from receipt of notice of claim, followed by an additional 90-day period to commence suit, with both periods running concurrently with the one-year limitations period.

• Amends medical malpractice law (Section 15-1-36) to require 60 days' prior written notice before suit and certification of consultation with the complaint, making these provisions jurisdictional and preventing actions from proceeding without compliance.

• Clarifies that defenses and notice provisions in both the Tort Claims Act and medical malpractice sections are substantive rights that may be asserted at any time before final judgment.