ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
technical correction; malpractice claim review
(NOW: judgments; legislature; governor; consent decree)
Purpose
Requires the Legislature to approve any settlement by way of consent decree that requires an appropriation or statutory or administrative rule change.
Background
A person with a claim against a public entity or employee must file the claim with the person designated to accept service for the public entity or employee. The claim must contain facts sufficient to permit the public entity or employee to understand the basis on which liability is claimed and must contain a specific amount for which the claim may be settled and the facts supporting that amount (A.R.S. 12-821.01).
The Governor must report to the Legislature on judgments rendered against the state at each session of the Legislature. The Director of the Arizona Department of Administration (ADOA) must draw a warrant for payment of a judgment after receiving an authenticated copy of the judgment and approval of the judgement by the Attorney General. The Director of ADOA may not draw the warrant until an appropriation is made by the Legislature (A.R.S. 12-826).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Legislature to approve any settlement by way of consent decree if the consent decree requires an appropriation or a statutory or administrative rule change at the time of the proposed consent decree or at a future date.
2. Requires the approval to occur by joint resolution of the Legislature and be signed by the Governor.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
MAPS 2/19/21 DP 8-6-0-0
3rd Read 3/4/21 31-28-1
Prepared by Senate Research
March 18, 2021
MH/gs