First Regular Session S.B. 1198
COMMITTEE ON JUDICIARY
SENATE AMENDMENTS TO S.B. 1198
(Reference to printed bill)
Page 1, line 5, after "fines" insert "; definitions"
Line 9, strike "against the aggrieved person that is"
Line 38, after the first "the" strike remainder of line
Strike line 39, insert "covered person or entity has more than fifteen employees."
Line 40, after "if" strike remainder of line
Line 41, strike "thousand dollars or more or"
Line 42, strike "FEWER THAN"; after "employees" insert "or less"
Page 2, line 1, after the second "and" insert ", unless authorized by statute or rule"
Line 2, after "receiving" insert "and has not been promised"; strike "from an attorney"
Line 5, strike "a specific amount of" insert "or collect"
Line 6, strike "A CIVIL ACTION IS COMMENCED" insert "THE END OF THE APPLICABLE PERIOD OF TIME PURSUANT TO SUBSECTION E OF THIS SECTION"
Lines 9 and 10, strike "aggrieved"
Line 12, strike "for trial"
Between lines 16 and 17, insert:
"J. FOR THE PURPOSES OF THIS SECTION:
1. "AGGRIEVED PERSON" MEANS A PERSON WHO PATRONIZED OR ATTEMPTED TO PATRONIZE THE COVERED PERSON OR ENTITY, ENCOUNTERED A BARRIER TO THEIR ACCESS TO THE COVERED PERSON OR ENTITY AND EXPERIENCED A DENIAL OF ACCESS TO THE COVERED PERSON OR ENTITY BASED ON THE AGGRIEVED PERSON’S DISABILITY.
2. "SUFFICIENT DETAIL" INCLUDES WHO ENCOUNTERED THE BARRIER, WHEN THE BARRIER WAS ENCOUNTERED BY THE AGGRIEVED PERSON AND WHAT BARRIER WAS ENCOUNTERED."
Page 3, between lines 39 and 40, insert:
"Sec. 3. Legislative intent
Section 41‑1492.08, subsection A, Arizona Revised Statutes, as amended by this act, is intended to clarify that a private litigant must establish standing in order to bring a claim pursuant to section 41‑1492.08, Arizona Revised Statutes. See Bailey-Null v. ValueOptions, 221 Ariz. 63, 69 ¶ 18 (App. 2009) (The Arizonans with Disabilities Act allows an “aggrieved individual” to institute civil action); see also Bennett v. Napolitano, 206 Ariz. 520, 524-525 ¶¶ 15, 19 (2003) (“[A] litigant seeking relief in the Arizona courts must first establish standing to sue," as the standing issue is a “threshold question[]."); Sears v. Hull, 192 Ariz. 65, 69 ¶ 16 (1998) (“To gain standing to bring an action, a plaintiff must allege a distinct and palpable injury.”)."
Renumber to conform
Amend title to conform