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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
public land management; sovereign immunity
Purpose
Exempts a public entity from liability for acts and omissions of its employees in the exercise of administrative functions involving the performance of management and administrative functions assigned or delegated to Arizona by the federal government that relate to managing public land.
Background
Statute states that a public entity is not liable for acts and omissions of its employees in the exercise of: 1) a judicial or legislative function; or 2) an administrative function involving the determination of fundamental governmental policy. The determination of a fundamental governmental policy involves the exercise of discretion and includes: 1) a determination of whether to seek or provide the resources necessary for the purchase of equipment, construction or maintenance of facilities, hiring of personnel or provision of governmental services; 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 safety standards for light rail transit systems (A.R.S. § 12-820.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts a public entity from liability for acts and omissions of its employees in the exercise of administrative functions involving the performance of all management and administrative functions that are assigned or delegated to Arizona by the United States that relate to managing public land pursuant to an agreement with the U.S. Department of the Interior or another federal agency.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
FR 2/13/19 DP 4-3-0-0
3rd Read 2/28/19 31-29-0
Prepared by Senate Research
March 25, 2019
JA/RC/kja