PREFILED NOV 21 2011
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REFERENCE TITLE: punitive damage awards; education funding |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HCR 2003 |
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Introduced by Representative Fillmore
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A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona and arizona revised statutes; amending article II, section 31 and article XVIII, section 6, Constitution of ARizona; amending title 12, chapter 5, article 1, Arizona Revised Statutes, by adding section 12-513; relating to damages.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article II, section 31, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
31. Damages for death or personal injuries
Section 31. No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that all punitive or exemplary damages that are awarded shall be deposited in a fund established by law and used only to educate pupils in grades kindergarten through twelve.
2. Article XVIII, section 6, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
6. Recovery of damages for injuries
Section 6. The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation, except that all punitive or exemplary damages that are awarded shall be deposited in a fund established by law and used only to educate pupils in grades kindergarten through twelve.
3. Title 12, chapter 5, article 1, Arizona Revised Statutes, is proposed to be amended by adding section 12-513 as follows if approved by the voters and on proclamation of the Governor:
12-513. Punitive or exemplary damage awards; punitive or exemplary damage awards fund
A. notwithstanding any other law, the clerk of the court shall deposit all awards for punitive or exemplary damages in the punitive or exemplary damage awards fund.
B. The punitive and exemplary damage awards fund is established consisting of all monies deposited pursuant to subsection A of this section. The department of education shall administer the fund. Monies in the fund shall be used only for the purpose of educating pupils in grades kindergarten through twelve. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
4. The Secretary of State shall submit these proposition to the voters at the next general election as separate ballot propositions as provided by article IV, part 1, section 1 and article XXI, Constitution of Arizona, and section 19-125, Arizona Revised Statutes.