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MS HB706

Bill

Status

Failed

2/27/2018

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Removes the requirement that notice of claim be filed at least 90 days before instituting suit under the Tort Claims Act.

  • Eliminates specific procedural requirements for notice of claim, including requirements that it be in writing, delivered by personal service or certified mail, and contain detailed factual information about the injury and damages sought.

  • Removes the 95-day tolling period that previously applied when a notice of claim was filed within the one-year statute of limitations period.

  • Eliminates the requirement that claimants receive a notice of denial before proceeding with suit, and removes the additional 90-day filing period that previously applied after denial or tolling expiration.

  • Makes the one-year statute of limitations the exclusive time limit for all Tort Claims Act actions, regardless of how the claim is characterized or what other statutes of limitations might otherwise apply.

Legislative Description

Tort Claims Act; revise notice of claim requirements.

Last Action

Died In Committee

2/27/2018

Committee Referrals

Judiciary, Division A2/9/2018
Judiciary A1/9/2018

Full Bill Text

No bill text available