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REFERENCE TITLE: price regulation; abnormal market disruptions |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1322 |
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Introduced by Senators Ortiz: Bravo, Diaz, Gabaldón, Hatathlie, Kuby, Sears, Sundareshan; Representative Liguori
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AN ACT
amending title 44, chapter 9, arizona revised statutes, by adding article 27; relating to trade practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 27, to read:
ARTICLE 27. PRICE REGULATION
44-1383. Abnormal disruption of the market; excess pricing; prohibition; definitions
A. During an abnormal disruption of the market for goods and services that are necessary for the health, safety and welfare of consumers, a person within the chain of distribution of the goods and services may not sell or offer to sell the goods and services for a price that is fifteen percent or more than the price at which the goods and services were sold or offered for sale by the person sixty days before the abnormal disruption of the market. Goods and services that are sold for a price that is fifteen percent or more is presumed to be unconscionable, and A person may rebut the presumption on a showing that the cost of the goods and services increased by at least ten percent to the seller.
B. For the purposes of this section:
1. "Abnormal disruption of the market":
(a) Means any change in the market, whether actual or imminently threatened, that results from any of the following:
(i) The weather.
(ii) An act of nature.
(iii) A failure or shortage of electric power or other source of energy.
(iv) A strike.
(v) Civil disorder.
(vi) War.
(vii) Military action.
(viii) A national or local emergency.
(ix) Any other cause of an abnormal disruption of the market that causes the governor to declare a state of emergency.
(b) Includes:
(i) The governor declaring a state of emergency pursuant to section 26-321.
(ii) A determination by the director of the department of health services that consumer prices for food and energy have increased by at least ten percent above the reported consumer price index for food and energy during the previous thirty-day period.
2. "Goods and services":
(a) includes any of the following:
(i) Food.
(ii) Water.
(iii) Diapers.
(iv) Feminine Hygiene products.
(v) Prescription drugs.
(vi) Electricity.
(vii) Natural gas.
(viii) Propane.
(ix) Gasoline.
(x) Telephone and broadband service.
(b) Does not include luxury items.
3. "Person WITHIN the chain of distribution" includes a manufacturer, supplier, wholesaler, distributor or retail seller of goods or services.
44-1383.01. Enforcement; attorney general; violations; classification; treble damages
A. The attorney general shall enforce this article.
B. A person who intentionally violates this article is guilty of a class 1 misdemeanor.
C. Except as provided in subsection B of this section, a person who violates this article is guilty of a class 2 misdemeanor.
D. The attorney general may bring an action in a court of competent jurisdiction to seek an injunction that prohibits a person from continuing or engaging in the practice that is in violation of this article.
E. The court may order a person who violates this article to pay treble damages to any person injured by a violation.
F. If a person in violation of this article holds a license to conduct business in this state, the attorney general shall forward information regarding the violation to the appropriate licensing board or regulatory agency for review and action as authorized by law.
G. Each violation of this article and each day on which the violation occurs or continues is a separate offense.
44-1383.02. Private right of action; violation; civil penalties
A. A buyer who purchases goods and services as defined in section 44-1383 from a seller who is found in violation of this article has a private right of action.
B. A seller who violates this article may be liable in a private right of action to the buyer for:
1. Not more than $10,000 for each violation.
2. Not more than $25,000 for each violation if the buyer is at least sixty years of age.
44-1383.03. Preemption
This article does not prevent a city, town or county from enacting ordinances that prohibit excessive pricing or from imposing penalties in excess of those provided in this article.