Bill Text: AZ SB1025 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: Public entities; defenses
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-05-02 - Chapter 253 [SB1025 Detail]
Download: Arizona-2017-SB1025-Chaptered.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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CHAPTER 253
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SENATE BILL 1025 |
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AN ACT
amending section 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 12-820.03, Arizona Revised Statutes, is amended to read:
12-820.03. Affirmative defense; resolution by trial
A. Neither 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 transportation facilities, including 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 shall be given as to any unreasonably dangerous hazards which would allow the public to take suitable precautions.
B. If a genuine issue of material fact exists as to whether the public entity or public employee has met the requirements of subsection A of this section, the issue shall be resolved by a trial before and separate and apart from a trial on damages.
APPROVED BY THE GOVERNOR MAY 2, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 2, 2017.
