Bill Text: AZ HB2594 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Public construction; business losses; compensation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-18 - Referred to House RULES Committee [HB2594 Detail]
Download: Arizona-2014-HB2594-Introduced.html
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REFERENCE TITLE: public construction; business losses; compensation |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2594 |
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Introduced by Representative Allen
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AN ACT
Amending title 11, chapter 7, Arizona Revised Statutes, by adding article 9; relating to public construction liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 9, to read:
ARTICLE 9. PUBLIC CONSTRUCTION LIABILITY
11-1061. Definitions
In this article, unless the context otherwise requires:
1. "Business losses" means a reduction in business by an owner resulting from public construction that continues for a period of more than ten months or that permanently reduces an owner's business activity.
2. "Owner" means a private business person or entity that has a legal or equitable title or tenancy to business property.
3. "Public construction" means construction or repair activities that are conducted by or authorized by this state or a county, city, town or other political subdivision of this state or by any agency of this state or a county, city, town or other political subdivision of this state.
4. "public entity" includes this state or a county, city, town or other political subdivision of this state or any agency or department of this state or a county, city, town or other political subdivision of this state.
11-1062. Public construction; business losses; burden of proof; applicability
A. If public construction results in business losses, an owner may recover damages of up to three years of losses as compensation.
B. The owner may initiate proceedings for the business losses by serving the appropriate public entity with a notice of claim by certified mail, return receipt requested, within sixty days after a ten-month period of reduction in business resulting from public construction or within sixty days after completion of the construction that permanently reduces the owner's business activity.
C. If the public entity and owner do not settle the matter or agree to participate in alternative dispute resolution, the owner has the burden of proof in any administrative or judicial proceedings to show that the public construction resulted in business losses and the amount of compensation due to the owner, if any. the amount of compensatory damages is limited to three years of business losses, if proven by the owner.
D. This article does not apply to public construction by a public entity to prevent a tangible harm to the health and safety of the public or a grave and immediate threat to life or property.
