This bill amends the Governmental Immunity Act.
This bill:
- defines a term;
- requires a governmental entity to file a statement with Division of Corporations and Commercial Code containing:
any doing-business-as name the governmental entity utilizes;the office or agent designated to receive service of a summons and complaint; andthe physical address to which service of a summons and complaint is to be delivered by hand or transmitted by mail;
- prohibits a governmental entity from challenging the validity of a notice of claim, or the sufficiency of service of a summons and complaint, if the governmental entity:fails to file or update the statement described above; andhas actual notice of the notice of claim or the summons and complaint;
- if a challenge described above is not prohibited, requires a claimant to prove that the claimant used reasonable diligence in attempting to discover the identity of a governmental entity using a doing-business-as name; and
- makes technical and conforming changes.Statutes affected:
Introduced: 63G-7-401
Substitute #1: 63G-7-401
Enrolled: 11-13-602, 63G-7-401, 63G-7-403, 63G-33-201, 63L-5-302
Substitute #2: 11-13-602, 63G-7-401, 63G-7-403, 63G-33-201, 63L-5-302