Bill Amendment: AZ SB1367 | 2019 | Fifty-fourth Legislature 1st Regular
Bill Title: Class action settlements; attorney general
Status: 2019-05-27 - Senate final reading FAILED, voting: (13-15-2-0) [SB1367 Detail]
Download: Arizona-2019-SB1367-HOUSE_-_Judiciary_-_Strike_Everything.html
Fifty-fourth Legislature
First Regular Session
COMMITTEE ON JUDICIARY
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1367
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 44-1521, Arizona Revised Statutes, is amended to read:
44-1521. Definitions
In this article, unless the context otherwise requires:
1. "Advertisement" includes the attempt by publication, dissemination, solicitation or circulation, oral or written, to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.
2. "Attorney general" means the attorney general of Arizona or the attorney general's authorized delegate.
3. "Authorized delegate" means any attorney, investigator or administrative personnel employed by the attorney general and so designated, and, if requested by the county attorney and authorized by the attorney general, may include similar personnel employed by the several county attorneys of this state.
4. "Class action":
(a) Means any civil action filed in the superior court of this state under rule 23 of the arizona rules of civil procedure or in a district court of the united states under rule 23 of the federal rules of civil procedure or any civil action that is removed to a district court of the united states that was originally filed under a state statute or rule of judicial procedure authorizing an action to be brought by one or more representatives as a class action.
(b) Includes civil actions alleging any theory of recovery, not just recovery under this article.
5. "class members" means the persons, named or unnamed, who fall within a proposed or certified class.
4. 6. "Examine" means the inspection, study or copying of any account, book, document, merchandise, paper or record.
5. 7. "Merchandise" means any objects, wares, goods, commodities, intangibles, real estate or services, including direct primary care provider plans as defined in section 20‑123.
6. 8. "Person" means any natural person or the person's legal representative, partnership, domestic or foreign corporation, any company, trust, business entity, or association, any agent, employee, salesman, partner, officer, director, member, stockholder, associate or trustee.
9. "Proposed class action settlement" means an agreement relating to a class action that is subject to court approval and that, if approved, is BINDING on some or all class members.
7. 10. "Sale" means any sale, offer for sale or attempt to sell any merchandise for any consideration, including sales, leases and rentals of any real estate subject to any form of deed restriction imposed as part of a previous sale.
Sec. 2. Title 44, chapter 10, article 7, Arizona Revised Statutes, is amended by adding section 44-1535, to read:
44-1535. Class action protections
A. This state has an interest, including under parens patriae, in protecting residents of this state from class action settlement abuse, which includes developing law to protect against class action settlement abuse. The attorney general shall protect this state interest.
B. When the attorney general believes that a proposed class action settlement does not provide adequate restitution or other relief for class members, or unlawfully or unfairly compensates class counsel or named class members over unnamed class members, the attorney general may intervene in the class action proceedings in the name of this state to represent the interests of this state and class members in this state by seeking an order that rejects or amends the proposed class action settlement. The attorney general may intervene regardless of whether a class member in this state has objected. by intervening under this subsection the attorney general is serving the interests of this state and all class members in this state which is consistent with the attorney general's role under this article.
C. Inaction by the attorney general in connection with a particular class action settlement does not affect the rights of this state or the attorney general's ability to act under this article or other law, including the ability to bring a case under this article or other law and seeking all available relief."
Amend title to conform
