Arizona House of Representatives Committee on Regulatory Affairs Special Meeting Minutes and SB 1418 Summary

Summary

The report of a special meeting of the Arizona House of Representatives Committee on Regulatory Affairs held Thursday, March 23, 2023, in the Fifty-sixth Legislature, First Regular Session, chaired by Representative Hendrix. The meeting convened at 12:37 P.M., adjourned at 1:18 P.M. and took one action, recommending SB 1418 do pass amended with a strike-everything amendment on a 5-2-0-0 vote. Attachments include the agenda, a Request to Speak report listing supporters and opponents, the attendance record, a staff summary of the amendment, the proposed amendment text and a roll call vote. The summary states that the amendment changes Arizona's anti-SLAPP statute, A.R.S. § 12-751, and imposes civil liability on a state actor who brings a legal action substantially motivated by a desire to deter or retaliate against political or religious views or politically related advocacy.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Special Meeting
Thursday, March 23, 2023
House Hearing Room 5 -- UPON RECESS OR ADJOURNMENT OF THE FLOOR

Convened 12:37 P.M.
Recessed

Reconvened
Adjourned 1:18 P.M.

Members Present

Representative Bravo

Representative Gutierrez
Representative Hernandez
Representative Kolodin

Representative Payne

Representative McGarr, Vice-Chairman
Representative Hendrix, Chairman

Agenda
Original Agenda — Attachment 1

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action
Bill Action
SBi418 DPA/SE

MINUTES RECEIVED
CHIEF CLERK'S OFFICE

2-24-72

Members Absent

Vote Attachments
5-2-0-0 4,5,6

yberg, Coynpfhittee Secretary

arch 24, 202

(Original attachments on file in the Office of the Chief Clerk; video archives available at http:/Avww.azleg.gov)

COMMITTEE ON REGULATORY AFFAIRS
March 23, 2023

Convenect. [32/9 7pm
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

Pelinuned ify / SPu

SPECIAL MEETING AGENDA

COMMITTEE ON REGULATORY AFFAIRS

DATE Thursday, March 23, 2023 ROOM HHR5 TIME Upon recess or adjournment of
the Floor

Members of the public may access a livestream of the meeting here:
https:/Avww.azleg.gov/videoplayer/?clientID=6361 162879&eventID=202303 | 122

Members:
Representative Bravo Representative Payne Representative McGarr, Vice-Chairman
Representative Gutierrez Representative Pefia Representative Hendrix, Chairman
Representative Hernandez A cloch'n
Bills Short Title Strike Everything Title
SB1418 —_/,~attorneys; court professionals; discipline; juries S/E:; politically related advocacy; retaliation;
B 4. SLE (now: religious; political beliefs; adverse actions) liability
BS 60-CyWadsack: Jones)
———™" RA, RULES
ORDER OF BILLS TO BE SET BY THE CHAIRMAN
JY
03/21/2023

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1.

Page 1 of 1 Attachment

Information Registered on the Request to Speak System

House Regulatory Affairs (3/23/2023)

$B1418, attorneys; court professionals; discipline: juries (NOW:
religious; political beliefs; adverse actions)

Testified in support:
Nathan Wade, representing self; Hope DeLap, ARIZONA JUSTICE PROJECT

Support:

Kurt Altman, Right On Crime; Ted Burwell, representing self; Nancy Hawkins, representing self; Steven
Scharboneau, AZ ATTORNEYS FOR CRIMINAL JUSTICE {AACJ); Stan Howard, representing self; Anne Howard,
representing self; conrad tolson, representing self

Oppose:

Wendy Briggs, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION; Don Isaacson, FRATERNAL ORDER OF
POLICE (AZ STATE LODGE); Jen Marson, Arizona Sheriffs Association; John Thomas, AZ ASSOCIATION OF CHIEFS OF
POLICE (AACOP); Barry M. Aarons, PRESCOTT, CITY OF, SCOTTSDALE, CITY OF; Megan Kintner, AZ ASSOCIATION OF
COUNTIES; Rob Bohr, GILBERT, TOWN OF; Yuma County Attorney Jon Smith, representing self; Jeremy Gerlach,
AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION; Miranda DeWitt, MESA, CITY OF; Robin Hillyard,
COUNTY SUPERVISORS ASSN OF AZ; Todd Madeksza, COCONINO COUNTY; Alexis Apodaca, CHANDLER, CITY OF;
Hayley Howard, GLENDALE, CITY OF; Dale Wiebusch, "SCOTTSDALE, CITY OF "; Nick Debus, AZ ATTORNEY
GENERAL'S OFFICE; Marshall Pimentel, LEAGUE OF ARIZONA CITIES & TOWNS; Ken Strobeck, BUCKEYE, CITY OF;
Andrea Caicedo, MARANA, TOWN OF

All Comments:

Ted Burwell, Self: This is needed to correct our justice system.; Wendy Briggs, AMERICAN PROPERTY CASUALTY
INSURANCE ASSOCIATION: Opposed to s/e amendment; Megan Kintner, AZ ASSOCIATION OF COUNTIES: Opposed
on behalf of the county Attorneys and Sheriffs.; Yuma County Attorney Jon Smith, Self: County Attorney, Yuma
County; Jeremy Gerlach, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION: Opposed to the Rep Hendrix
Strike-Everything Amendment; Hayley Howard, GLENDALE, CITY OF: Oppose Strike-Everything Amendment;
Marshall Pimentel, LEAGUE OF ARIZONA CITIES & TOWNS: This creates a new cause of action that can be broadly
interpreted and makes public employees personally liable for claims regardless if they are frivolous.

Attachment ae

PLEASE COMPLETE THIS FORM FOR THE PUBLIC RECORD

HOUSE OF REPRESENTATIVES

Please PRINT Clearly

‘
Committee on 2. Cat, Bill Number GF ] $/¢

Date Sette yy / aE; / 24 Kupport (1) Oppose () Neutral
Name FAT A 1S) ARS Need to Speak? Ries ONo
Representing Aw |. ang Are you a registered lobbyist? Ag

Complete Address 3255 alld 5 Ch d Y E2 Zp Ry é A BES CIT Sos)
Phone Number 722 Ep-O 4, (,

E-mail Address

Comments:

#8 RT VE-MINUTE SPEAKING LIMIT***

ARIZONA STATE LEGISLATURE
Fifty-sixth Legislature - First Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS
CHAIRMAN: Laurin Hendrix VICE-CHAIRMAN: _Cory McGarr
DATE 03/23/23 123 123 123 123
CONVENED 42:37 pm m m m m
RECESSED
RECONVENED
ADJOURNED 1:18pm
MEMBERS
Bravo ~
Gutierrez Ll
Hernandez A a
Payne ~~
McGarr, Vice-Chairman “a
Hendrix, Chairman ~~

v Present --- Absent exc Excused

Attachment =

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature

First Regular Session

Senate: GOV DPA/SE 5-3-0-0 | 3 Read DPA 16-13-1-0
Di I SE RTS EEL ET TR PTE ees ee ee]

$B 1418: religious; political beliefs; adverse actions

S/E: politically related advocacy; retaliation; liability
Sponsor: Senator Wadsack, LD 17
Committee on Regulatory Affairs

Summary of the Strike-Everything Amendment to SB 1418

Overview

Makes various changes to Arizona's strategic lawsuits against public participation (anti-SLAPP)
statute and imposes civil liability against a state actor for intentionally bringing or maintaining a
legal action that is substantially motivated by a desire to deter, retaliate against or prevent any
person from holding or expressing political or religious views, from free political association or
from engaging in politically related advocacy.

History
Arizona's anti-SLAPP statute allows a person other than a state actor or intervenor to file a motion

to dismiss or quash any legai action that involves the person's lawful exercise of the right of
petition, the right of speech, the freedom of the press, the right to freely associate or the right to
peaceably assemble pursuant to the United States or Arizona constitutions. A party may file a
motion to dismiss or quash under this statute within sixty days after the service of the complaint
or other document on which the motion is based or, in the court's discretion, at any later time on
terms that the court deems proper, including a later time after there is actual notice of a party's
misconduct.

The statute also outlines a process for how a court must consider and determine such a motion
and delineates the parties’ relative evidentiary burdens. Specifically, the moving party has the
burden of establishing prima facie proof that the legal action was substantially motivated by a
desire to deter, retaliate against o prevent the lawful exercise of a constitutional right. The moving
party can make this showing based on evidence in the record of the matter, a sworn affidavit or
other evidence that is submitted with the motion. If the court finds that the moving party has
established prima facie proof as prescribed above, the court is required to grant the motion unless:
1) The responding party, if a state actor, shows that the legal action was justified by clearly
established law and that the responding party did not act to deter, prevent or retaliate
against the moving party's exercise of constitutional rights; or
2) The responding party, if not a state actor, shows that the legal action is justified by existing
law or supported by a reasonable argument for extending or modifying existing law.

If the court grants the motion to dismiss or quash, it is permitted to award the moving party costs
and reasonable attorney fees, including those incurred for the motion. If the court finds that the
motion is frivolous or solely intended to delay, the court is required to award costs and reasonable
aitorney fees to the prevailing party.

For purposes of the anti-SLAPP statute, /ega/ action is defined as any of the following:
1) Any civil action, claim, cross-claim or counterclaim for damages other than nominal
damages;

SB 1418
Initials DC/JL Page 14 Regulatory Affairs

Attachment M
2) Any criminal prosecution, except for a drug trafficking offense including in chapter 34 or
34.1 of the criminal code, a riot or a serious offense or violent or aggravated felony as
defined in the criminal code; or

3) Any written investigative demand pursuant to A.R.S. § 38-431.06 or other compulsory
legal process or any regulatory or administrative action by a state actor.

Furthermore, stafe actor is defined to include any of the following:
1) The state of Arizona and any Arizona county, city, town or political subdivision;
2) Any branch, department, board, bureau, commission, council or committee of an entity
included above; or
3) Any officer, employee or other agent of an entity included above who is acting in the
Officer's, employee's or agent's official capacity (A.R.S. § 12-751).

Provisions
Anti-SLAPP Motions

1. Expands the anti-SLAPP statute to include any legal action that involves a person's lawful
exercise of the right to religious liberty or which otherwise implicates a person's freedom to
hold or express political or religious views or engage in politically related advocacy without
fear of retaliation. (Sec. 1)

2. Allows a party to file a motion for summary judgment under the anti-SLAPP statute, in addition
to a motion to dismiss or quash. (Sec. 4)

3. Changes the moving party's prima facie burden of proof to specify that the party must show
that a substantial motivation for the legal action was a desire to deter, retaliate against or
prevent any person from holding or expressing political or religious views, from free political
association or from engaging in politically related advocacy without fear of retaliation. (Sec. 1)

4. Similarly modifies a responding party who is a state actor's burden of proof by requiring that
the party show that the responding party did not act with a substantial motive to deter, retaliate
against or prevent any person from holding or expressing political or religious views, from free
political association or from engaging in politically related advocacy without fear of retaliation.
(Sec. 1)

5. Removes existing language allowing a responding party who is a state actor to meet its burden
of proof by establishing that the state actor has a consistent practice of pursuing similar legal
actions against similarly situated persons who did not lawfully exercise constitutional rights.
(Sec. 1)

6. Clarifies that a responding party who is a state actor may meet its burden of proof by producing
any other evidence that the court finds sufficient to establish that the state actor did not act
with a substantial motive to deter, retaliate against or prevent any person from holding or
expressing political or religious views, from free political expression or from engaging in
politically related advocacy without fear of retaliation. (Sec. 1)

7. Requires, rather than permits, a court to award costs and reasonable attorney fees to the
moving party if the court grants the antl-SLAPP motion and the nonmoving party is a state
actor. (Sec. 1)

8. Prohibits a court from awarding costs and reasonable attorney fees to a prevailing party who
is a state actor if the court finds that the antlSLAPP motion was frivolous or intended solely
for delay. (Sec. 1)

(] Prop 105 (45 votes) CL) Prop 108 (40 votes) © Emergency (40 votes) (i Fiscal Note

SB 1418
Initials DC/JL Page 2 Regulatory Affairs
10.

11.

12.

13.

14.

15.

16.

17.
18.

Civil Liability
Imposes civil liability against a state actor, except for an arresting peace officer, who
intentionally brings or maintains, conspires to bring or maintain or aids and abets the pursuit
or maintenance of a legal action when a substantial motivation for the state actor is a desire

to deter, retaliate against or prevent any person from holding or expressing political or religious
views, from free political association or from engaging in politically related advocacy. (Sec. 1)

Requires that an action for civil liability under the above provision must be commenced within
four years of the conclusion of the underlying action and provides that both parties have a
right to a jury trial, if demanded. (Sec. 1)

Specifies that it is not a defense to civil liability under this provision that either:

a. The underlying legal action resulted in an adverse judgment, decision, opinion, verdict,
ruling or other adverse action against the person whose rights were violated; or

b. Ananti-SLAPP motion was not brought in the underlying legal action and, if such a motion
was made and was unsuccessful, the disposition of the motion is not binding on the jury
in the action for civil liability (though the court, in its discretion, may allow a jury to consider
the fact that the motion was unsuccessful). (Sec. 1)

Entitles the prevailing party in a civil action under this provision to declaratory relief, nominal
damages, compensatory damages, attorney fees and costs and vacatur and the sealing of
any adverse judgments, decisions, opinions, verdicts, rulings or other dispositions in the
underlying action. (Sec. 1)

Prohibits a person who is found liable under this provision from being indemnified by the state
of Arizona, an Arizona political subdivision or the state or political subdivision's insurer. (Sec.

1)
Miscellaneous

States that the anti-SLAPP statute is intended to prevent the government from being used as
a tool to chill the adoption or expression of, or advocacy for, unpopular political or religious
beliefs or positions and requires that the statute be liberally construed to effectuate this
purpose. (Sec. 1)

Removes language exempting a criminal prosecution for a riot from the definition of /egal
action. (Sec. 1)

Expands the definition of state actor to include

a. the federal government, to the maximum extent permitted under the U.S. and Arizona
constitutions; and

b. any professional or occupational licensing or regulatory organization in which membership
is mandatory for industry participants. (Sec. 1)

includes a statement of legislative intent. (Sec. 2)
Includes a severability clause. (Sec. 3),

SB 1418

Initials DC/JL Page 3 Regulatory Affairs

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Fifty-sixth Legislature Regulatory Affairs
First Regular Session S.B. 1418

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1418

(Reference to Senate engrossed bill)

Strike everything after the enacting clause and insert:
"Section 1, Section 12-751, Arizona Revised Statutes, is amended to
read:

12-751. Strategic actions against public participation; motion

to dismiss or quash or for summary judgment:

definitions

A. In any legal action that involves a person's lawful exercise of
the right of petition, the right of speech, the freedom of the press, the
right to freely associate, THE RIGHT TO RELIGIOUS LIBERTY or the right to
peaceably assemble pursuant to the United States Constitution or Arizona
Constitution, OR WHICH OTHERWISE IMPLICATES A PERSON'S FREEDOM TO HOLD OR
EXPRESS POLITICAL OR RELIGIOUS VIEWS OR ENGAGE IN POLITICALLY RELATED
ADVOCACY WITHOUT FEAR OF RETALIATION, the person other than a state actor
or an intervenor may file a motion to dismiss, or quash OR OBTAIN SUMMARY
JUDGMENT IN the action under this section.

B. A person who files a motion pursuant to subsection A of this
section has the burden of establishing prima facie proof that A SUBSTANTIAL
MOTIVATION FOR the legal action was substanttatty-mottvatedtby a desire to
deter, retaliate against or prevent the-tewfut-exercise-of-e-conmstttutionet
Trott ANY PERSON FROM HOLDING OR EXPRESSING POLITICAL OR RELIGIOUS VIEWS,
FROM FREE POLITICAL ASSOCIATION OR FROM ENGAGING IN POLITICALLY RELATED
ADVOCACY WITHOUT FEAR OF RETALIATION. The moving person may submit
evidence based on the record, a sworn affidavit or other evidence that is
submitted with the motion todismtss—or-quast. A party is not required to

Adopted Ve #of)

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House Amendments to S.B. 1418

file a response to a motion filed pursuant to subsection A of this section
unless and until the court finds that the moving party has established the
prima facie proof and orders the party to file a response. The court shall
grant the motion unless one of the following applies:

1. If the responding party is a state actor, the responding party
shows that the legal action on which the motion is based is justified by
clearly established law and that the responding party did not act tr-order
WITH A SUBSTANTIAL MOTIVE to deter, RETALIATE AGAINST OR prevent or
retattrate—agamrst—_the_moving_party(s_exercttse of-constitutroret rryits ANY
PERSON FROM HOLDING OR EXPRESSING POLITICAL OR RELIGIOUS VIEWS, FROM FREE
POLITICAL ASSOCIATION OR FROM ENGAGING IN POLITICALLY RELATED ADVOCACY
WITHOUT FEAR OF RETALIATION. A state actor may satisfy the requirements of
this paragraph by doing any of the following:

(a) Establishing that the person who initiated and conducted an
investigation that resulted in the legal action and ttrat WHO made the
decision to pursue the legal action was unaware of the movant's lawful
exercise of the constitutional right OR POLITICAL BELIEFS OR ADVOCACY.

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; prttar—teua—act} arststrtharhy—sttureted tro—tHd

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ty (b) Producing any other evidence that the court finds

sufficient TO ESTABLISH THAT THE STATE ACTOR DID NOT ACT WITH A SUBSTANTIAL
MOTIVE TO DETER, RETALIATE AGAINST OR PREVENT ANY PERSON FROM HOLDING OR
EXPRESSING POLITICAL OR RELIGIOUS VIEWS, FROM FREE POLITICAL EXPRESSION OR
FROM ENGAGING IN POLITICALLY RELATED ADVOCACY WITHOUT FEAR OF RETALIATION.

2. If the responding party is not a state actor, the responding
party shows that the legal action on which the motion is based is justified
by existing law or supported by a reasonable argument for extending or
modifying existing law.

€. In making its determination, the court shall conduct an

evidentiary hearing or consider the pleadings and supporting and opposing
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House Amendments to S.B. 1418

affidavits stating facts on which the liability, defense or action is
based.

D. The motion to—-thsmtss—or~quash may be filed within sixty days
after the service of the complaint or other document on which the motion is
based, AT ANY LATER TIME WITHIN SIXTY DAYS AFTER ACTUAL NOTICE OF A PARTY'S
MISCONDUCT or, in the court's discretion, at any Tater time on terms that
the court deems propery—imehniing—atater—timeatter—there—ts—actuatonottee
of—a-party*s—mrscumiuct. If the court finds that prima facie proof has

been established as prescribed in subsection B of this section, the court,
if possible, shal? conduct an expedited hearing on the motion.

E. Unless a court rule specifically provides otherwise, all
discovery proceedings in the action shall be stayed on a finding of prima
facie proof as prescribed in subsection B of this section. The stay of
discovery shall remain in effect until notice of entry of the order ruling
on the motion. Notwithstanding this subsection, the court, on noticed
motion and for good cause shown, may order that specified discovery be
conducted.

F. If the court grants the motion to-trsmiss-vor—-quash, the court may
award the moving party costs and reasonable attorney fees, including those
incurred for the motion, AND SHALL AWARD COSTS AND REASONABLE ATTORNEY FEES
IF THE NONMOVING PARTY IS A STATE ACTOR. If the court finds that a motion
to—dtsitss~or—quast FILED PURSUANT TO THIS SECTION is frivolous or solely
intended to delay, the court shall award costs and reasonable attorney fees
to the prevailing party on the motion UNLESS THE PREVAILING PARTY IS A
STATE ACTOR. For the purposes of this subsection, "costs" means all costs
that are reasonably incurred and includes filing fees, record preparation
and document copying fees, documented time away from employment to confer
with counsel or attend case related proceedings, expert witness fees,
travel expenses and any other costs that the court deems appropriate.

G. If the court denies the motion to—trsmtss—or—duash, the denial
and the court's findings in support of the denial are not admissible in

evidence at any later stage of the case, or in any subsequent action, and

-3-
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House Amendments to S$.B. 1418

the burden of proof or degree of proof that is otherwise applicable is not
affected by the findings in any later stage of the case or in any
subsequent proceeding.

H. If the court determines that the moving party has established
prima facie proof as prescribed in subsection B of this section, an order
granting or denying a motion filed pursuant to this section is appealable
pursuant to section 12-2101.

I. A STATE ACTOR IS LIABLE FOR INTENTIONALLY BRINGING OR
MAINTAINING, CONSPIRING TO BRING OR MAINTAIN OR AIDING AND ABETTING THE
PURSUIT OR MAINTENANCE OF A LEGAL ACTION WHEN A SUBSTANTIAL MOTIVATION FOR
THE STATE ACTOR IS A DESIRE TO DETER, RETALIATE AGAINST OR PREVENT ANY
PERSON FROM HOLDING OR EXPRESSING POLITICAL OR RELIGIOUS VIEWS, FROM FREE
POLITICAL ASSOCIATION OR FROM ENGAGING IN POLITICALLY RELATED ADVOCACY. IN
AN ACTION BROUGHT PURSUANT TO THIS SUBSECTION:

1. THE ACTION SHALL BE COMMENCED WITHIN FOUR YEARS AFTER THE
CONCLUSION OF THE UNDERLYING ACTION.

2. EACH PARTY HAS THE RIGHT TO A TRIAL BY JURY, IF DEMANDED.

3. IT IS NOT A DEFENSE TO THE ACTION THAT EITHER:

(a) THE UNDERLYING LEGAL ACTION RESULTED IN AN ADVERSE JUDGMENT,
DECISION, OPINION, VERDICT, RULING OR OTHER ADVERSE ACTION AGAINST THE
PERSON WHOSE RIGHTS WERE VIOLATED.

(b) A MOTION FILED PURSUANT TO SUBSECTION A OF THIS SECTION WAS NOT
BROUGHT IN THE UNDERLYING LEGAL ACTION. IF A MOTION FILED PURSUANT TO
SUBSECTION A OF THIS SECTION WAS MADE IN THE UNDERLYING LEGAL ACTION AND
WAS UNSUCCESSFUL, THE COURT, IN ITS DISCRETION, MAY ALLOW A JURY TO
CONSIDER THIS FACT BUT THE DISPOSITION OF THE MOTION IS NOT BINDING ON THE
JURY.

4. A PREVAILING PARTY IS ENTITLED TO DECLARATORY RELIEF, NOMINAL
DAMAGES, COMPENSATORY DAMAGES, ATTORNEY FEES AND COSTS AND VACATUR AND THE
SEALING OF ANY ADVERSE JUDGMENTS, DECISIONS, OPINIONS, VERDICTS, RULINGS OR
OTHER DISPOSITIONS IN THE UNDERLYING ACTION.
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House Amendments to S.B. 1418

5. IF AN INDIVIDUAL IS FOUND LIABLE, THE INDIVIDUAL MAY NOT BE
INDEMNIFIED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE OR THE
STATE OR POLITICAL SUBDIVISION'S INSURER.

6. AN ARRESTING PEACE OFFICER IS IMMUNE FROM LIABILITY UNDER THIS
SECTION.

Tv J. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, this article
does not:

1. Affect, limit or preclude the right of the moving party to any
remedy otherwise authorized by law.

2. Create any privileges or immunities or otherwise affect, limit or
preclude any privileges or immunities authorized by law.

3. Limit or preciude a legislative or executive body or a public
agency from enforcing the rules of procedure and rules of order of the body
or agency.

K. THIS SECTION IS INTENDED TO PREVENT THE GOVERNMENT FROM BEING
USED AS A TOOL TO CHILL THE ADOPTION OR EXPRESSION OF, OR ADVOCACY FOR,
UNPOPULAR POLITICAL OR RELIGIOUS BELIEFS OR POSITIONS AND SHALL BE
LIBERALLY CONSTRUED TO EFFECTUATE THIS PURPOSE.

uv L. For the purposes of this section:

1. “Legal action":

(a) Means any of the following:

(i) Any civil action, claim, cross-claim or counterclaim for damages
other than nominal damages.

(ii) Any criminal prosecution, except for a drug trafficking offense
included in title 13, chapter 34 or 34.1;~a-rtot or a serious offense or
violent or aggravated felony as defined in section 13-706.

(iii) Any written investigative demand pursuant to section 38-431.06
or other compulsory legal process or any regulatory or administrative
action by a state actor.

(b) Does not include a motion filed pursuant to subsection A of this

section.

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House

Amend

Amendments to S.B. 1418

2. “State actor" means any of the following:

(a) This state and any county, city, town or political subdivision
of this state AND THE UNITED STATES, TO THE MAXIMUM EXTENT PERMITTED UNDER
THE UNITED STATES CONSTITUTION AND THE ARIZONA CONSTITUTION.

(b) Any branch, department, board, bureau, commission, council,
PROFESSIONAL OR OCCUPATIONAL LICENSING OR REGULATORY ORGANIZATION IN WHICH
MEMBERSHIP IS MANDATORY FOR INDUSTRY PARTICIPANTS or committee of an entity
included in subdivision (a) of this paragraph.

(c) Any officer, employee or other agent of an entity included in
subdivision (a) of this paragraph who is acting in the officer's,
employee's or agent's official capacity.

Sec. 2. Legislative intent

The legislature intends that the change made to the definition of
"state actor" in section 12-751, subsection L, paragraph 2, Arizona Revised
Statutes, as amended by this act, is to clarify the definition and is not
intended to be a substantive change.

Sec. 3. Severability

If a provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of the act that can be given effect without the
invalid provision or application, and to this end the provisions of this
act are severable."

title to conform

LAURIN HENDRIX

14818HENDRIX. docx
03/21/2023

01:44
€: SP

PM
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. SB 1418

DATE March 23, 2023 MOTION: Led fe
PASS AYE . NAY PRESENT | ABSENT

Bravo ae

Gutierrez L~

Hernandez A ~~

Payne ar

Petia Kofod “a

McGarr, Vice-Chairman LL

Hendrix, Chairman _ Va

2 |p? > a)

APPROVED: 7 COMMITTERSECRETARY

ad BURN ENDRIX, Chairman
RY MCGARR, Vice-Chairman

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