Citations Affected: IC 34-13-3-6.
Synopsis: Tort claims against the state. Requires a person who brings
a tort claim against the state to file notice only with the attorney general
within 270 days after the action accrues.
Effective: July 1, 2004.
November 21, 2003, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning civil
SECTION 1. IC 34-13-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) Except as
provided in sections 7 and 9 of this chapter, a claim against the state is
barred unless notice is filed with the attorney general
or the state
agency involved within two hundred seventy (270) days after the loss
occurs. However, if notice to the state agency involved is filed with the
wrong state agency, that error does not bar a claim if the claimant
reasonably attempts to determine and serve notice on the right state
(b) The attorney general, by rule adopted under IC 4-22-2, shall prescribe a claim form to be used to file a notice under this section. The claim form must specify:
(1) the information required; and
(2) the period of time that a potential claimant has to file a claim.
(c) Copies of the claim form prescribed under subsection (b) shall be available from each:
(1) state agency; and