Alabama 2023 Regular Session

Alabama House Bill HB377 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB377ENROLLED~~
	1	+	HB377INTRODUCED
2	2		Page 0
3		-	4ZA9RR-2
	3	+	4ZA9RR-1
4	4		By Representative South
5	5		RFD: State Government
6	6		First Read: 25-Apr-23
7	7		2023 Regular Session
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12		-	5 HB377 EnrolledHB377 Enrolled
	12	+	5
	13	+	6 4ZA9RR-1 04/19/2023 EBO-DHC EBO JT EBO-2023-37
13	14		Page 1
14		-	Enrolled, An Act,
	15	+	SYNOPSIS:
	16	+	This bill would provide for the payment of
	17	+	uncontested claims on an expedited basis for the Board
	18	+	of Adjustment.
	19	+	A BILL
	20	+	TO BE ENTITLED
	21	+	AN ACT
15	22		To allow for the payment of uncontested claims on an
16	23		expedited basis for the Board of Adjustment.
17	24		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
18	25		Section 1. Section 41-9-62, Code of Alabama 1975, is
19	26		amended to read as follows:
20	27		"§41-9-62
21	28		(a) The Board of Adjustment shall have the power and
22	29		jurisdiction and it shall be its duty to hear and consider:
23	30		(1) All claims for damages to the person or property
24	31		growing out of any injury done to either the person or
25	32		property by the State of Alabama or any of its agencies,
26	33		commissions, boards, institutions or departments, with the
27	34		exception of claims by employees of the state for personal
28	35		injury or death arising out of the course of employment with
29	36		the State of Alabama, where such employees are covered by an
30		-	employee injury compensation program;
31		-	(2) All claims for personal injuries to or the death of
32		-	any convict, and all claims for personal injuries to or the
33		-	death of any employee of a city or county board of education,
34		-	or college or university, arising out of the course of the
35		-	employee's employment and where the employee is not covered by
36		-	a worker's compensation program;
37		-	(3) All claims of members of the public at large or of
38		-	officers of the law who are not employees of the state arising
39		-	out of injuries sustained while attempting to recapture
40		-	escaped convicts, which convicts have escaped after they have
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68		-	28 HB377 ~~EnrolledHB377 Enrolled~~
	64	+	28 HB377 INTRODUCEDHB377 INTRODUCED
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	66	+	employee injury compensation program;
	67	+	(2) All claims for personal injuries to or the death of
	68	+	any convict, and all claims for personal injuries to or the
	69	+	death of any employee of a city or county board of education,
	70	+	or college or university, arising out of the course of the
	71	+	employee's employment and where the employee is not covered by
	72	+	a worker's compensation program;
	73	+	(3) All claims of members of the public at large or of
	74	+	officers of the law who are not employees of the state arising
	75	+	out of injuries sustained while attempting to recapture
	76	+	escaped convicts, which convicts have escaped after they have
70	77		been placed in the actual custody of the Department of
71	78		Corrections;
72	79		(4) All claims against the State of Alabama or any of
73	80		its agencies, commissions, boards, institutions or departments
74	81		arising out of any contract, express or implied, to which the
75	82		State of Alabama or any of its agencies, commissions, boards,
76	83		institutions or departments are parties, where there is
77	84		claimed a legal or moral obligation resting on the state;
78	85		(5) All claims for money overpaid on obligations to the
79	86		State of Alabama or any of its agencies, commissions, boards,
80	87		institutions or departments;
81	88		(6) All claims for money voluntarily paid to the State
82	89		of Alabama or any of its agencies, commissions, boards,
83	90		institutions or departments, where no legal liability existed
84	91		to make such payment;
85	92		(7) All claims for underpayment by the State of Alabama
86	93		or any of its agencies, commissions, boards, institutions or
87		-	departments to parties having dealings with the State of
88		-	Alabama or any of its agencies, commissions, boards,
89		-	institutions or departments;
90		-	(8) All claims for money or property alleged to have
91		-	wrongfully escheated to the State of Alabama; and
92		-	(9) All claims for injury or death of any student duly
93		-	enrolled in any of the public schools of this state resulting
94		-	from an accident sustained while being transported to or from
95		-	school or in connection with any school activity in any bus or
96		-	any motor vehicle operated directly by any school board or
97		-	agency of the state or through contract with another. Awards
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125		-	56 HB377 ~~EnrolledHB377 Enrolled~~
	121	+	56 HB377 INTRODUCEDHB377 INTRODUCED
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	123	+	departments to parties having dealings with the State of
	124	+	Alabama or any of its agencies, commissions, boards,
	125	+	institutions or departments;
	126	+	(8) All claims for money or property alleged to have
	127	+	wrongfully escheated to the State of Alabama; and
	128	+	(9) All claims for injury or death of any student duly
	129	+	enrolled in any of the public schools of this state resulting
	130	+	from an accident sustained while being transported to or from
	131	+	school or in connection with any school activity in any bus or
	132	+	any motor vehicle operated directly by any school board or
	133	+	agency of the state or through contract with another. Awards
127	134		payable to any such student for injuries sustained in such
128	135		accident shall be equal to the maximum benefits payable to
129	136		employees as provided in Chapter 5 of Title 25 for injuries,
130	137		loss of time or medical attendance; and, where death results
131	138		from such injuries, the amount payable to the parent or
132	139		parents of such student shall be equal to the maximum amount
133	140		payable to a totally dependent parent or parents as provided
134	141		by Chapter 5 of Title 25; provided, however, that no payment
135	142		for death of such student shall be made to any parent or
136	143		parents unless they were actually supporting such student at
137	144		the time of the accident causing the injuries and death. The
138	145		fact that such student has no earning capacity or earns an
139	146		average wage of less than the amount which would entitle him
140	147		to maximum benefits under Chapter 5 of Title 25 shall in no
141	148		way limit an award to him, his parent or parents. Awards for
142	149		such injuries or death shall constitute a prior and preferred
143	150		claim against moneys appropriated for the minimum program
144		-	fund, and no part of any such award shall be charged against
145		-	any funds allotted to the school board of the county or city
146		-	or the district board of education of the independent school
147		-	district where said accident occurred. If it should appear to
148		-	the Board of Adjustment after investigation that the accident
149		-	causing the injury or death of such student was caused under
150		-	circumstances also creating a legal liability for damages on
151		-	the part of any party and it should further appear to the
152		-	Board of Adjustment that claim may be made against such party
153		-	by such student, his parent or legal representative to recover
154		-	damages, then, in that event, any payment otherwise due under
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182		-	84 HB377 ~~EnrolledHB377 Enrolled~~
	178	+	84 HB377 INTRODUCEDHB377 INTRODUCED
183	179		Page 4
	180	+	fund, and no part of any such award shall be charged against
	181	+	any funds allotted to the school board of the county or city
	182	+	or the district board of education of the independent school
	183	+	district where said accident occurred. If it should appear to
	184	+	the Board of Adjustment after investigation that the accident
	185	+	causing the injury or death of such student was caused under
	186	+	circumstances also creating a legal liability for damages on
	187	+	the part of any party and it should further appear to the
	188	+	Board of Adjustment that claim may be made against such party
	189	+	by such student, his parent or legal representative to recover
	190	+	damages, then, in that event, any payment otherwise due under
184	191		this subdivision may be withheld by the Board of Adjustment
185	192		pending final settlement of such claim and, if said student or
186	193		his parent or legal representative recovers damages against
187	194		said party, any sum so recovered and collected may be offset
188	195		against payments due under this subdivision, and the balance
189	196		due, if any, shall thereafter be promptly paid by the Board of
190	197		Adjustment. The provisions of this subdivision shall apply to
191	198		all claims relating to injuries to school children filed with
192	199		said board within one year of the date of an accident. Minor
193	200		students shall have, for the purpose of this subdivision, the
194	201		same power to contract, make elections of remedy, make
195	202		settlements and receive compensation as adults would have
196	203		subject to the power of the Board of Adjustment in its
197	204		discretion at any time to require the appointment of a
198	205		guardian to receive moneys or awards and payments of awards
199	206		made to such minor students or their guardian shall exclude
200	207		any further compensation either to the minor students or to
201		-	their parents for loss of service or otherwise.
202		-	(b) The jurisdiction of the Board of Adjustment is
203		-	specifically limited to the consideration of the claims
204		-	enumerated in subsection (a) of this section and no others;
205		-	provided, that nothing contained in this division shall confer
206		-	upon the Board of Adjustment any jurisdiction now conferred by
207		-	law upon the State Board of Compromise provided for in
208		-	Sections 41-1-3 and 41-1-4, and nothing contained in this
209		-	division shall be construed to confer jurisdiction upon the
210		-	Board of Adjustment to settle or adjust any matter or claim of
211		-	which the courts of this state have or had jurisdiction;
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239		-	112 HB377 ~~EnrolledHB377 Enrolled~~
	235	+	112 HB377 INTRODUCEDHB377 INTRODUCED
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	237	+	their parents for loss of service or otherwise.
	238	+	(b) The jurisdiction of the Board of Adjustment is
	239	+	specifically limited to the consideration of the claims
	240	+	enumerated in subsection (a) of this section and no others;
	241	+	provided, that nothing contained in this division shall confer
	242	+	upon the Board of Adjustment any jurisdiction now conferred by
	243	+	law upon the State Board of Compromise provided for in
	244	+	Sections 41-1-3 and 41-1-4, and nothing contained in this
	245	+	division shall be construed to confer jurisdiction upon the
	246	+	Board of Adjustment to settle or adjust any matter or claim of
	247	+	which the courts of this state have or had jurisdiction;
241	248		provided further, that the Board of Adjustment shall have no
242	249		jurisdiction over claims growing out of forfeitures or of
243	250		contracts with any state agency, commission, board,
244	251		institution or department where, by law or contract, said
245	252		state agency, commission, board, institution or department is
246	253		made the final arbiter of any disagreement growing out of
247	254		forfeitures or of contracts of said state agency, commission,
248	255		board, institution or department, and, particularly, the Board
249	256		of Adjustment shall have no jurisdiction of disagreements
250	257		arising out of contracts entered into by the Department of
251	258		Transportation.
252	259		(c) Employees of municipalities and counties are not to
253	260		be considered employees of the State of Alabama or of any of
254	261		its agencies, commissions, boards, institutions or departments
255	262		within the jurisdiction of this board and within the meaning
256	263		of the word "employee" as used in this section.
257	264		(d) The Board of Adjustment may approve uncontested
258		-	claims on an expedited basis without a full hearing, subject
259		-	to the forms and rules promulgated under Section 41-9-66. "
260		-	Section 2. This act shall become effective immediately
261		-	following its passage and approval by the Governor, or its
262		-	otherwise becoming law.
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286		-	________________________________________________
287		-	Speaker of the House of Representatives
288		-	________________________________________________
289		-	President and Presiding Officer of the Senate
290		-	House of Representatives
291		-	I hereby certify that the within Act originated in and
292		-	was passed by the House 23-May-23.
293		-	John Treadwell
294		-	Clerk
295		-	Senate 01-Jun-23 Passed
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	293	+	Page 6
	294	+	claims on an expedited basis without a full hearing, subject
	295	+	to the forms and rules promulgated under Section 41-9-66. "
	296	+	Section 2. This act shall become effective immediately
	297	+	following its passage and approval by the Governor, or its
	298	+	otherwise becoming law.
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