Professional Documents
Culture Documents
State of Arizona
Senate
Fifty-third Legislature
First Regular Session
2017
SB 1198
Introduced by
Senators Kavanagh: Yee
AN ACT
AMENDING SECTIONS 41-1492.08 AND 41-1492.09, ARIZONA REVISED STATUTES;
RELATING TO PUBLIC ACCOMMODATION AND SERVICES.
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THE ALLEGATIONS AND FACTS CONTAINED IN THE COMPLAINT AND THAT THE
AGGRIEVED PERSON IS NOT RECEIVING ANYTHING OF VALUE FROM AN ATTORNEY IN
EXCHANGE FOR FILING THE CIVIL ACTION.
G. AN AGGRIEVED PERSON OR THE AGGRIEVED PERSON'S ATTORNEY MAY NOT
DEMAND A SPECIFIC AMOUNT OF MONEY FROM THE COVERED PERSON OR ENTITY BEFORE
A CIVIL ACTION IS COMMENCED BUT MAY STATE THAT THE COVERED PERSON OR
ENTITY MAY BE CIVILLY LIABLE FOR A VIOLATION OF THIS ARTICLE.
H. ON THE MOTION OF ANY PARTY, THE COURT MAY STAY AN ACTION FILED
PURSUANT TO THIS SECTION TO DETERMINE IF THE AGGRIEVED PERSON FILING THE
CIVIL ACTION OR THE AGGRIEVED PERSON'S ATTORNEY IS A VEXATIOUS LITIGANT OR
TO DETERMINE IF THERE ARE MULTIPLE CIVIL ACTIONS THAT INVOLVE THE SAME
PLAINTIFF OR ATTORNEY AND THAT SHOULD BE CONSOLIDATED FOR TRIAL.
I. THE COURT MAY NOT AWARD CIVIL PENALTIES AND COMPENSATORY DAMAGES
IN A CIVIL ACTION COMMENCED PURSUANT TO THIS SECTION. THE COURT MAY AWARD
THE PREVAILING PARTY REASONABLE ATTORNEY FEES FOR ANY FEES INCURRED AFTER
THE APPLICABLE CURE PERIOD PRESCRIBED BY SUBSECTION E OF THIS SECTION.
Sec. 2. Section 41-1492.09, Arizona Revised Statutes, is amended to
read:
41-1492.09. Enforcement by the attorney general
A. The attorney general shall investigate all alleged violations of
this article. These allegations must be filed within one hundred eighty
days after the occurrence or the termination of the alleged discriminatory
practice, shall be in writing under oath and shall be in such form as the
attorney general requires. The attorney general shall undertake periodic
reviews of compliance of covered entities under this article. If the
attorney general concludes at any time after the filing of a complaint of
alleged violation, or as a result of a periodic compliance review, that
prompt judicial action is necessary to carry out the purpose of this
article, the attorney general may file a civil action for appropriate
temporary or preliminary relief pending final disposition of the complaint
or compliance review. If, after investigation, the attorney general
determines that reasonable cause exists to believe this article is being
violated, the attorney general shall attempt for a period of not more than
thirty days to effectuate a conciliation agreement. If no conciliation
agreement has been reached after thirty days, the attorney general shall
file a civil action in an appropriate court. If the attorney general
determines that no reasonable cause exists to believe that a violation of
this article has occurred or is about to occur, the attorney general shall
promptly dismiss the complaint and give written notice of the dismissal to
the complainant and the person or entity complained against. If the
attorney general finds reasonable cause to believe that a party has
breached a conciliation agreement, the attorney general shall file a civil
action for enforcement of the agreement.
B. In any civil action under this article BROUGHT BY THE ATTORNEY
GENERAL, the court:
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