PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1198
(Reference to Senate engrossed bill)
Page 1, line 6, strike "definitions" insert "definition"
Between lines 42 and 43, insert:
"F. Notwithstanding subsection E of this section, a civil action may be filed by an aggrieved person or the person's attorney without providing the written notice required by subsection E of this section if there is evidence that irreparable harm will result if immediate action is not taken."
Reletter to conform
Page 2, line 2, after "rule" insert a comma
Lines 11 and 12, strike "if" insert "whether"
Line 17, strike "For any fees incurred after"
Strike line 18, insert a period
Line 19, strike the colon insert a comma
Strike lines 20 through 24
Line 25, strike "2."
Line 26, strike "(a)" insert "1."
Line 27, strike "(b)" insert "2."
Line 29, strike "(c)" insert "3."
Line 33, after "general" insert "; sanctions; attorney general's use of sanction monies; affirmative defense"
Page 3, line 29, strike ", except that if the"
Strike lines 30 and 31, insert a period
Page 4, between lines 8 and 9, insert:
"H. In addition to any sanction that a court may award to a party pursuant to any rule or law in any civil action under this article, the court may impose a sanction on a plaintiff or a plaintiff's attorney if the court determines that an action or series of actions is brought under this article for the primary purpose of obtaining a payment from the defendant due to the costs of defending the action in a court. When imposing a sanction under this subsection, the court may consider the totality of the abusive litigation-related practices of the plaintiff and the plaintiff's attorney.
I. If the court imposes a sanction pursuant to subsection H of this section, the court may order a party to pay a part of the sanction to the attorney general and, if ordered, the parties must notify the attorney general of the court's order. The attorney general must use these monies for the following purposes:
1. To educate covered persons or entities about their obligations under this article.
2. To award attorney fees to claimants who file a meritorious complaint with the attorney general and who resolve the complaint without litigation.
J. In any civil action that is brought against a covered person or entity for a violation of this article, it is an affirmative defense if the defendant demonstrates that:
1. The barrier has been removed in a manner that complies with the accessibility requirements of this article.
2. Compliance with the accessibility requirements of this article is not readily achievable or cannot be accomplished by alternative means.
3. The alleged barrier does not violate the accessibility requirements of this article."
Amend title to conform