ARIZONA HOUSE OF REPRESENTATIVES

HB 2596: public land management; sovereign immunity

PRIME SPONSOR: Representative Finchem, LD 11

BILL STATUS: Federal Relations

Overview

Extends absolute immunity to public entities for acts and omissions of its employees related to the performance of certain functions in managing public lands in specified circumstances.

History

A.R.S. 12-820.01 stipulates that a public entity is not liable for the acts and omissions of its employees that constitutes the exercise of administrative function involving a determination of fundamental government policy. The determination of fundamental government policy includes: 1) a determination whether to seek or provide specified resources; 2) a determination of whether and how to spend existing resources; 3) the licensing and regulation of any profession or occupation; and 4) the establishment, implementation and enforcement of minimum standards for light rail transit systems.  A.R.S. 12-820 defines public entity as the state or its political subdivisions.  State means the state's agencies, boards, commissions or departments.

Provisions

1. Stipulates that a fundamental government policy, for which a public entity is not liable for acts and omissions of its employees, includes the performance of functions that meet the following criteria:

a. Management and administrative functions.

b. Functions assigned or delegated to Arizona by the United States.

c. Functions that relate to managing duties on behalf of the federal government relating to public lands management based on an agreement with the U.S. Department of the Interior or other federal agency.

2. Makes technical changes.

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6. Fifty-fourth Legislature                       HB 2596

7. First Regular Session                            Version 1: Federal Relations

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