HB377INTRODUCED
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4ZA9RR-1
By Representative South
RFD: State Government
First Read: 25-Apr-23
2023 Regular Session
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6 4ZA9RR-1 04/19/2023 EBO-DHC EBO JT EBO-2023-37
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SYNOPSIS:
This bill would provide for the payment of
uncontested claims on an expedited basis for the Board
of Adjustment.
A BILL
TO BE ENTITLED
AN ACT
To allow for the payment of uncontested claims on an
expedited basis for the Board of Adjustment.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 41-9-62, Code of Alabama 1975, is
amended to read as follows:
"ยง41-9-62
(a) The Board of Adjustment shall have the power and
jurisdiction and it shall be its duty to hear and consider:
(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
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employee injury compensation program;
(2) All claims for personal injuries to or the death of
any convict, and all claims for personal injuries to or the
death of any employee of a city or county board of education,
or college or university, arising out of the course of the
employee's employment and where the employee is not covered by
a worker's 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
been placed in the actual custody of the Department of
Corrections;
(4) All claims against the State of Alabama or any of
its agencies, commissions, boards, institutions or departments
arising out of any contract, express or implied, to which the
State of Alabama or any of its agencies, commissions, boards,
institutions or departments are parties, where there is
claimed a legal or moral obligation resting on the state;
(5) All claims for money overpaid on obligations to the
State of Alabama or any of its agencies, commissions, boards,
institutions or departments;
(6) All claims for money voluntarily paid to the State
of Alabama or any of its agencies, commissions, boards,
institutions or departments, where no legal liability existed
to make such payment;
(7) All claims for underpayment by the State of Alabama
or any of its agencies, commissions, boards, institutions or
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departments to parties having dealings with the State of
Alabama or any of its agencies, commissions, boards,
institutions or departments;
(8) All claims for money or property alleged to have
wrongfully escheated to the State of Alabama; and
(9) All claims for injury or death of any student duly
enrolled in any of the public schools of this state resulting
from an accident sustained while being transported to or from
school or in connection with any school activity in any bus or
any motor vehicle operated directly by any school board or
agency of the state or through contract with another. Awards
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; and, where death results
from such injuries, the amount payable to the parent or
parents of such student shall be equal to the maximum amount
payable to a totally dependent parent or parents as provided
by Chapter 5 of Title 25; provided, however, that no payment
for death of such student shall be made to any parent or
parents unless they were actually supporting such student at
the time of the accident causing the injuries and death. The
fact that such student has no earning capacity or earns an
average wage of less than the amount which would entitle him
to maximum benefits under Chapter 5 of Title 25 shall in no
way limit an award to him, his parent or parents. Awards for
such injuries or death shall constitute a prior and preferred
claim against moneys appropriated for the minimum program
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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
damages, then, in that event, any payment otherwise due under
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. The provisions of this subdivision shall apply to
all claims relating to injuries to school children filed with
said board within one year of the date of an accident. Minor
students shall have, for the purpose of this subdivision, the
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
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their parents for loss of service or otherwise.
(b) The jurisdiction of the Board of Adjustment is
specifically limited to the consideration of the claims
enumerated in subsection (a) of this section and no others;
provided, that nothing contained in this division shall confer
upon the Board of Adjustment any jurisdiction now conferred by
law upon the State Board of Compromise provided for in
Sections 41-1-3 and 41-1-4, and nothing contained in this
division shall be construed to confer jurisdiction upon the
Board of Adjustment to settle or adjust any matter or claim of
which the courts of this state have or had jurisdiction;
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.
(c) Employees of municipalities and counties are not to
be considered employees of the State of Alabama or of any of
its agencies, commissions, boards, institutions or departments
within the jurisdiction of this board and within the meaning
of the word "employee" as used in this section.
(d) The Board of Adjustment may approve uncontested
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claims on an expedited basis without a full hearing, subject
to the forms and rules promulgated under Section 41-9-66. "
Section 2. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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