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REFERENCE TITLE: state lands; lease provisions |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2334 |
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Introduced by Representative Cook
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AN ACT
Amending Title 37, chapter 2, article 4, Arizona Revised Statutes, by adding section 37-292; relating to lease of state lands.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 37, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 37-292, to read:
37-292. Prohibited lease provisions; tender defense; indemnity; liability for injury
A. Leases of state lands entered into pursuant to this chapter may not contain provisions that do any of the following:
1. Tender defense of either of the following:
(a) A claim or cause of action based on an injury to a person who is on or using state lands and to whom permission to be on or use state lands has been granted by this state or any agency of this state, including permission to be on or use state lands as a contracted third party.
(b) A claim or cause of action arising under state or federal environmental laws.
2. Require indemnification in any form, including for damages, penalties, costs, charges and expenses and attorney fees and costs from a lessee or the lessee's employees or agents.
3. Otherwise assign liability to a lessee for the claims or causes of action prescribed in paragraphs 1 and 2 of this subsection.
B. Liability for an injury to a person who is on or using state lands and to whom permission to be on or use state lands has been granted by this state or any agency of this state, including permission to be on or use state lands as a contracted third party, shall be determined pursuant to section 33-1551 or the applicable state or federal law.