ARIZONA STATE SENATE
Phoenix, Arizona
Purpose:
Requires that claims or
actions against the State Mine Inspector or the State Mine Inspector’s
deputies, agents or employees in their official capacity be brought against the
State rather than the individual employee.
Background:
Currently in statute, a
public entity is afforded absolute immunity and is not liable for acts and
omissions of its employees constituting the exercise of a judicial or
legislative function, or an administrative function involving the determination
of a fundamental governmental policy (A.R.S. 12-820.01). In addition, qualified immunity is afforded
to a public entity or employee unless the employee, acting within the scope of
employment, intended to cause injury or was grossly negligent (A.R.S.
12-820.02).
According to the Office of
the State Mine Inspector (Office), there have been several recent lawsuits
naming the State Mine Inspector as a defendant. Although the Office falls under the qualified immunity statute,
these lawsuits have resulted in varying court decisions in which the State Mine
Inspector has, in some cases, been covered by the qualified immunity statute
and in some cases has not.
S.B. 1276 establishes
immunity for employees of the Office by requiring that claims or actions
against the State Mine Inspector or the Mine Inspector’s deputies, agents or
employees in their official capacity be brought against the state of Arizona
rather than the individual employee.
The impact to the state
general fund associated with this bill is unknown.
Provisions:
1. Requires that claims or actions against the State Mine Inspector or the State Mine Inspector’s deputies, agents or employees in their official capacity be brought against the State rather than the individual employee.
2. Makes technical changes.
3. Provides for a general effective date.
Prepared by Senate Staff
March 6, 2001