Bill Text: AZ SCR1054 | 2011 | Fiftieth Legislature 1st Regular | Introduced

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Bill Title: Punitive damages awards; funds

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-02-14 - Senate JUD Committee action: Held [SCR1054 Detail]

Download: Arizona-2011-SCR1054-Introduced.html

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REFERENCE TITLE: punitive damages awards; funds

 

 

 

State of Arizona

Senate

Fiftieth Legislature

First Regular Session

2011

 

 

SCR 1054

 

Introduced by

Senator Murphy

 

 

A CONCURRENT RESOLUTION

 

Proposing an amendment to the Constitution of Arizona; amending article II, section 31 and article XVIII, section 6, Constitution of ARizona; relating to damages.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1.  Article II, section 31, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE31.  Damages for death or personal injuries

Section 31.  No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that all punitive damages that are awarded shall be deposited in a crime victim restitution fund established by law for the following purposes:

1.  An amount approved by the court that equals the actual expenses incurred on punitive damages research by the attorney representing the plaintiff for whom the punitive damages were awarded, plus ten per cent.

2.  Any remaining monies shall be allocated to crime victims for whom restitution is due. END_STATUTE

2.  Article XVIII, section 6, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE6.  Recovery of damages for injuries

Section 6.  The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation, except that all punitive damages that are awarded shall be deposited in a crime victim restitution fund established by law for the following purposes:

1.  An amount approved by the court that equals the actual expenses incurred on punitive damages research by the attorney representing the plaintiff for whom the punitive damages were awarded, plus ten per cent.

2.  Any remaining monies shall be allocated to crime victims for whom restitution is due. END_STATUTE

3.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.