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MS SB2845
Bill
Status
4/25/2012
Primary Sponsor
Briggs Hopson
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AI Summary
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Requires claimants to file a written notice of claim at least 90 days before instituting suit under the Tort Claims Act, with service requirements varying by entity type (chancery clerk for counties, city clerk for municipalities, chief executive officer for state entities and other political subdivisions)
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Mandates that notices of claim contain a short and plain statement of facts including circumstances of injury, extent of injury, time and place, names of persons involved, amount of damages sought, and claimant's residence at time of injury and filing
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Establishes a one-year statute of limitations from the date of the tortious or actionable conduct, with filing a notice of claim tolling the deadline for an additional 95 days from receipt by the governmental entity
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Prohibits claimants from filing suit until receiving a notice of denial or the 95-day tolling period expires, whichever comes first, and grants an additional 90 days to file suit after that point; failure to file within the allowed time is an absolute bar to further proceedings
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Specifies that the limitations period in the Tort Claims Act is exclusive and controls over any other statute of limitations for claims brought under this chapter, regardless of how the claimant characterizes the claim
Legislative Description
Tort Claims Act; clarify statute of limitations.
Last Action
Due From Governor 05/01/12
4/25/2012