Arizona Proposition 301, Tort Lawsuit Rules and Limits Referendum (1994)

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Arizona Proposition 301

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Election date

November 8, 1994

Topic
Tort law
Status

DefeatedDefeated

Type
Veto referendum 		Origin

Citizens


Arizona Proposition 301 was on the ballot as a veto referendum in Arizona on November 8, 1994. It was defeated.

A "yes" vote supported this veto referendum, thus upholding the law to:

  • require lawsuits to be filed within 12 years of a claim arising, unless fraud prevented discovery;
  • allow defendants to show that the plaintiff has received or may receive compensation for claimed damages;
  • authorize insurers to agree with policyholders that medical expenses from accidents are paid only once;
  • define standards for public entity liability in roadway maintenance and operation;
  • permit juries to deny claims if the plaintiff is 50% or more at fault;
  • allow judges to approve installment payments for future health care costs and lost earnings.

A "no" vote opposed this veto referendum, this overturning the law related to tort cases.


Election results

Arizona Proposition 301

Result Votes Percentage
Yes 404,231 38.11%

Defeated No

656,407 61.89%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Proposition 301 was as follows:

“

ORDERING THE SUBMISSION TO THE PEOPLE OF AN ACT AMENDING SECTION 9-500.02 AND 12-550, ARIZONA REVISED STATUTES; AMENDING TITLE 12, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 12; TRANSFERRING AND RENUMBERING SECTION 12-565, ARIZONA REVISED STATUTES, FOR PLACEMENT IN TITLE 12, CHAPTER 6, ARTICLE 12, ARIZONA REVISED STATUTES, AS SECTION 12-713; AMENDING SECTION 12-713, ARIZONA REVISED STATUTES, AS TRANSFERRED AND RENUMBERED; AMENDING TITLE 12, CHAPTER 6, ARTICLE 12, ARIZONA REVISED STATUTES, AS ADDED BY SECTION 3 OF THIS ACT, BY ADDING SECTIONS 12-714 AND 12-715; AMENDING SECTION 12-820.02, ARIZONA REVISED STATUTES; REPEALING SECTION 12-820.03 AND 12-821, ARIZONA REVISED STATUTES; AMENDING TITLE 12, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 11; AMENDING SECTIONS 12-2205 AND 12-2506, ARIZONA REVISED STATUTES; AMENDING TITLE 12, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 17; TRANSFERRING AND RENUMBERING TITLE 12, CHAPTER 17; TRANSFERING AND RENUMBERING TITLE 12, CHAPTER 5.1, ARTICLE 2, ARIZONA REVISED STATUTES, AS TITLE 12, CHAPTER 17, ARTICLE 1, ARIZONA REVISED STATUTES, AS TITLE 12, CHAPTER 17, ARTICLE 1, ARIZONA REVISED STATUTES, TRANSFERRING AND RENUMBERING EXISTING SECTIONS 12-581 THROUGH 12-594; RESPECTIVELY, AS SECTIONS 12-2601 THROUGH 12-2614; REPEALING THE ARITCLE HEADING OF FORMER TITLE 12; CHAPTER 5.1, ARTICLE 2, ARIZONA REVISED STATUTES; AMENDING SECTIONS 12-2602, 12-2605, 12-2606, 12-2607, 12-2609, 12-2610, 12-2612 AND 12-2613, ARIZONA REVISED STATUTES, AS TRANSFERRED AND RENUMBERED; AMENDING SECTION 33-1551, ARIZONA REVISED STATUTES; CHANGING THE DESIGNATION OF TITLE 33, CHAPTER 12, ARIZONA REVISED STATUTES, TO "LIABILITIES AND DUTIES ON PROPERTY USED FOR EDUCATION AND RECREATION"; AMENDING SECTION 48-818, ARIZONA REVISED STATUTES; RELATING TO TORT REFORM.

”

Ballot summary

The ballot summary for this measure was:

“ AN ACT IMPOSING A TIME LIMIT FOR FILING CERTAIN LAWSUITS; CHANGING THE COLLATERAL SOURCE RULE; CREATING INSURER RIGHTS OF RECOVERY; CREATING GOVERNMENTAL AND OTHER IMMUNITIES; PERMITTING CERTAIN DEFENSES THAT BAR RECOVERY; PROVIDING PERIODIC PAYMENT OF DAMAGES FOR FUTURE LOSSES.”

Full Text

The full text of this measure is available here.


Path to the ballot

See also: Signature requirements for ballot measures in Arizona

In Arizona, the number of signatures required for a veto referendum is equal to 5 percent of the votes cast at the preceding gubernatorial election. Proponents of the veto referendum had 90 days from the date that the bill was signed to collect signatures.

See also

1994 Measures

Arizona

News and analysis


External links

Footnotes

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