PREFILED JAN 05 2017
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REFERENCE TITLE: public entities; absolute immunity; defenses |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1025 |
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Introduced by Senators Burges: Farnsworth D
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AN ACT
amending sections 12‑820.01 and 12‑820.03, Arizona Revised Statutes; relating to actions against public entities or employees.
(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 and street car systems.
5. The establishment, implementation and enforcement of minimum guidelines or standards for transportation facilities.
Sec. 2. Section 12-820.03, Arizona Revised Statutes, is amended to read:
12-820.03. Affirmative defense; gross negligence liability
A. Neither Except as provided in subsection B of this section, a public entity nor or a public employee is not liable for an injury arising out of a plan or design for construction or maintenance of or improvement to highways, roads, streets, bridges, or rights‑of‑way if the plan or design is prepared in conformance with generally accepted engineering or design standards in effect at the time of the preparation of the plan or design, provided, however, that and the public entity or public employee gives to the public a reasonably adequate warning of hazards shall be given as to any unreasonably dangerous hazards which would allow the public to take suitable precautions.
B. If a public entity or public employee does not give a reasonably adequate warning of hazards as prescribed by subsection A of this section, the public entity or public employee is liable for an injury described in subsection A of this section only if the public entity or public employee was grossly negligent.