Bill Text: AZ HB2334 | 2022 | Fifty-fifth Legislature 2nd Regular | Engrossed


Bill Title: State lands; lease provisions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2022-03-16 - Senate NREW Committee action: Do Pass, voting: (7-0-2-0) [HB2334 Detail]

Download: Arizona-2022-HB2334-Engrossed.html

 

 

 

House Engrossed

 

state lands; lease provisions

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

HOUSE BILL 2334

 

 

 

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:

START_STATUTE37-292. Prohibited lease provisions; tender defense; indemnity; liability for injury

A. Leases of state lands entered into pursuant to this chapter that provide continued public access to the leased lands 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. END_STATUTE

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