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REFERENCE TITLE: public land management; sovereign immunity |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2596 |
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Introduced by Representative Finchem: Senator Borrelli
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AN ACT
amending section 12-820.01, Arizona Revised Statutes; relating to public land management.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-820.01, Arizona Revised Statutes, is amended to read:
12-820.01. Absolute immunity
A. A public entity shall is not be liable for acts and omissions of its employees constituting either of the following:
1. The exercise of a judicial or legislative function.
2. The exercise of an administrative function involving the determination of fundamental governmental policy.
B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include, but is not limited to includes:
1. A determination of whether to seek or whether to provide the resources necessary for any of the following:
(a) The purchase of equipment.
(b) The construction or maintenance of facilities.
(c) The hiring of personnel.
(d) The provision of governmental services.
2. A determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel.
3. The licensing and regulation of any profession or occupation.
4. The establishment, implementation and enforcement of minimum safety standards for light rail transit systems.
5. The performance of all management and administrative functions that are assigned or delegated to this state by the United States and that relate to managing public land pursuant to an agreement with the United States department of the interior or another federal agency.