Tort Claims Board; require to create a registry of all governmental entities and CEOs.
What changed between versions
The bill's entire purpose changed. The Senate version required the Secretary of State to create a registry of private entities contracted with government to perform governmental functions. The House version instead amends the Tort Claims Act to regulate self-insurance programs and require the Tort Claims Board to maintain a public online registry of all governmental entities and their chief executive officers.
Section 11-46-19 (Tort Claims Board powers) was brought forward for amendment, listing extensive powers including oversight of the Tort Claims Fund, approving awards, assigning attorneys, purchasing insurance, issuing certificates of coverage, and establishing premiums.
The Senate version's requirement that private entities contracted with government register with the Secretary of State and post notice on their websites and printed materials was entirely removed.
Governmental entities using public entity group or individual self-insurance must annually submit audited financial statements, actuarial valuations, third-party administrator contracts, excess insurance policies, member lists with premiums, and other data to the Tort Claims Board within 90 days of the end of their group year.
A tolling provision was added: if the registry information is incorrect at the time a notice of claim is served, the one-year statute of limitations in Section 11-46-11 is tolled until correct information is listed, and courts may not dismiss a complaint solely for listing incorrect information when the complaint is otherwise properly filed.
Section 11-46-11 was amended to specify detailed service of notice requirements (in person or by registered/certified mail), a 95-day tolling period after the chief executive officer receives the notice of claim, and an additional 90 days to file suit after receiving a denial or after the tolling period expires. Failure to file within the allowed time is an absolute bar.
The Tort Claims Board is empowered to issue cease and desist orders, require rate increases or decreases, mandate assessments of group members, require changes in excess insurance or reinsurance, and take other actions deemed necessary. The board may also assess and charge fees to regulated self-insurers for the costs of regulation.
The Tort Claims Board must create a publicly accessible online registry by July 1, 2026 listing all governmental entities required to have certificates of coverage, including the name, email address, and mailing address of each entity's chief executive officer.
The effective date remains July 1, 2026, but the contradictory repeal date of June 30, 2026 (which would have repealed the act before it took effect) was removed from the House version.