ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: GOV DP 4-3-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


HB 2460: business property; theft; penalties; prohibition

Sponsor: Representative Kupper, LD 25

House Engrossed

Overview

Forbids a county or municipality from adopting ordinances that impose a penalty on a business for the theft of its movable property.

History

A person commits theft if the person knowingly: 1) controls property of another with the intent to deprive the other person of such property; 2) comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or 3) controls property of another knowing or having reason to know that the property was stolen (A.R.S. § 13-1802).

Provisions

1.   Prohibits a county and municipality from adopting or enforcing an ordinance, rule or regulation that imposes a penalty on a business for the theft of their movable property. (Sec. 1, 2)

2.   Restricts a county and municipality from enforcing a penalty that:

a.   imposes fines for abandoned movable property that belongs to a business that is found off their property;

b.   requires a business to pay for the retrieval, storage or disposal of their movable property that has been collected by a municipality; and

c. mandates a business to certify compliance with a municipal retrieval program under the threat of imposing penalties for noncompliance. (Sec. 1, 2)

3.   Allows a county and municipality to:

a.   notify a business of the location of their movable property and allow said business to voluntarily retrieve their movable property without imposing a fee;

b.   institute criminal or civil penalties against a person who is responsible for the theft of a business's movable property; and

c. enact general nuisance abatement ordinances, rules or regulations that do not include imposing a penalty on a business for theft of their movable property. (Sec. 1, 2)

4.   Permits the Attorney General and a business to bring an action in superior court to enjoin a county or municipality from enforcing an ordinance, rule or regulation that is prohibited by this legislation. (Sec. 1, 2)

5.   States that a business that prevails in an action brought under this legislation is entitled to recovery of reasonable attorney fees and costs. (Sec. 1, 2)

6.   Specifies that the regulation of the theft of a business's movable property is a statewide concern and not subject to further regulation by a county or municipality. (Sec. 1, 2)

7.   Defines business, movable property and theft. (Sec. 1, 2)

8.   Contains a severability clause. (Sec. 3)

9.   Provides legislative findings. (Sec. 4)

10.  Designates this act as the Completely Asinine Rule Termination (CART) Act. (Sec. 5)

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14.  Initials ML                       HB 2460

15.  2/25/2026  Page 0 House Engrossed

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