A.R.S. § 44-2004 — Arizona Code / Title 44 / Chapter 12 / Article 14 / Section 2004
44-2004 Limitation of civil actions
Status: in_force

44-2004. Limitation of civil actions

A. No civil action shall be maintained under this article to enforce any liability based on a violation of section 44-1841 or 44-1842 unless brought within one year after the violation occurs.

B. Except as provided in subsection C of this section, no civil action shall be brought under this article to enforce any liability based on a violation of article 13 of this chapter unless brought within two years after discovery of the fraudulent practice on which the liability is based, or after the discovery should have been made by the exercise of reasonable diligence.

C. No civil action shall be brought under this article to enforce any liability based on a violation of section 44-1997 or 44-1998 unless brought within two years after the discovery of the untrue statement or the omission. No action shall be brought to enforce a liability created under section 44-1997 more than five years after a bona fide offer of the security to the public or under section 44-1998 more than five years after the sale of the security.
A.R.S. § 44-3111 — Arizona Code / Title 44 / Chapter 13 / Article 2 / Section 3111
44-3111 Director of securities
Status: in_force

44-3111. Director of securities

The director of securities appointed pursuant to section 44-1811 shall administer this chapter.
A.R.S. § 44-2005 — Arizona Code / Title 44 / Chapter 12 / Article 14 / Section 2005
44-2005 Remedy not exclusive
Status: in_force

44-2005. Remedy not exclusive

Nothing in this article shall limit any statutory or common law right of any person in any court for any act involved in the sale of securities.
A.R.S. § 44-1483 — Arizona Code / Title 44 / Chapter 10 / Article 5 / Section 1483
44-1483 Digital advertising directed toward children; content restrictions; civil penalty; enforcement; definitions
Status: in_force

44-1483. Digital advertising directed toward children; content restrictions; civil penalty; enforcement; definitions

(Eff. 1/1/27)

A. A child-directed application shall take appropriate measures to prevent the display of inappropriate and mature advertisements on the child-directed application.  In determining whether an application is a child-directed application, all of the following shall be considered:

1. The subject matter.

2. The visual content.

3. The use of animated characters or child-oriented activities.

4. The age of the models and the presence of child celebrities or celebrities who appeal to children.

5. Any incentive.

6. Any music or other audio content.

B. A child-directed application that does not comply with this section is subject to a civil penalty of up to $100,000 per violation.

C. The attorney general shall enforce this section.

D. For the purposes of this section:

1. "Application platform" means a digital distribution service that offers for download an application.

2. "Child-directed application" means an application that is primarily intended for use or download by an individual who is eleven years of age or younger.

3. "Inappropriate and mature advertisement" means an advertisement that sells or promotes any of the following:

(a) Violence.

(b) Explicit language.

(c) Sexual content.

(d) Alcohol or drug use.
A.R.S. § 44-6801 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6801
44-6801 Definitions
Status: in_force

44-6801. Definitions

In this chapter, unless the context otherwise requires:

1. "Advertisement" means a commercial message in any medium that solicits a consumer to enter into a rental-purchase agreement.

2. "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement.

3. "Consumer" means an individual who rents personal property under a rental-purchase agreement to be used primarily for personal, family or household purposes.

4. "Consummation" means the date on which a consumer becomes contractually obligated under a rental-purchase agreement or on the date the first payment is made, whichever is earlier.

5. "Cost of rental" means the difference between the total of all periodic payments necessary to acquire ownership under the rental-purchase agreement and the cash price of the rental property that is subject to the rental-purchase agreement.

6. "Fee" means any charge, fee, cost or expense, however denominated, other than a rental payment.

7. "Lessor" means a person that, in the ordinary course of business, regularly leases, offers to lease or arranges for the leasing of property under a rental-purchase agreement.

8. "Rental-purchase agreement" means an agreement that is for the use of personal property by an individual for personal, family or household purposes, that is for an initial period of four months or less, that is automatically renewable with each payment after the initial period and that allows the consumer to become the owner of the property but that does not obligate or require the consumer to continue leasing or using the property beyond the initial period.

9. "Rental-purchase property" means personal property that is owned by the lessor at the time it is physically displayed and offered for rental-purchase to the consumer and before execution of a rental-purchase agreement.
A.R.S. § 44-6703 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6703
44-6703 Dealer agreements; cancellation
Status: in_force

44-6703. Dealer agreements; cancellation

A. Unless one or more of subsection B, paragraphs 1 through 10 apply, a supplier shall give an equipment dealer ninety days' written notice of the supplier's intent to terminate, cancel or not renew a dealer agreement or to change the competitive circumstances of that agreement. The notice shall state the reasons for this action and that the dealer has sixty days to cure any claimed deficiency. If the dealer cures the deficiency to the supplier's satisfaction within that time, the supplier may not terminate, cancel, refuse to renew or change the competitive circumstances of the agreement for the reasons specified in the notice. The agreement's terms do not expire and the supplier shall not change the competitive circumstances of the agreement before the end of the ninety day period without the dealer's written consent.

B. A supplier, either directly or through an agent, shall not terminate, cancel, fail to renew or substantially change the competitive circumstances of a dealership agreement without cause. For the purposes of this subsection, "cause" means that a dealer:

1. Fails to comply with the terms of the agreement if these requirements are not different from those imposed on other similarly situated dealers in this state.

2. Transfers a controlling ownership interest in the dealership without the supplier's consent. The supplier shall not withhold consent without good reason.

3. Makes a material misrepresentation or falsification of a record.

4. Files a voluntary petition in bankruptcy or has an involuntary petition in bankruptcy filed against him that has not been discharged within sixty days after it was filed.

5. Is insolvent or in receivership.

6. Pleads guilty to or is convicted of a felony.

7. Fails to operate in the normal course of business for seven consecutive business days or terminates the business.

8. Relocates or establishes a new or additional equipment dealer's place of business without the supplier's consent.

9. Fails to satisfy a payment obligation as it comes due and payable to the supplier.

10. Fails to promptly account to the supplier for any proceeds from the sale of equipment or to hold these proceeds in trust for the supplier's benefit.

11. Consistently engages in business practices that are detrimental to the consumer or the supplier including excessive pricing, misleading advertising or failing to provide service and replacement parts or to perform warranty obligations.

12. Consistently fails to meet the supplier's market penetration requirements based on available record information and after receiving notice from the supplier of the supplier's requirements.

13. Consistently fails to meet building and housekeeping requirements.

14. Consistently fails to provide adequate sales, service or parts personnel commensurate with the dealer agreement.

15. Consistently fails to comply with the applicable licensing laws pertaining to the products and services the dealer represents as being for and on the supplier's behalf.
A.R.S. § 44-1799.64 — Arizona Code / Title 44 / Chapter 11 / Article 22 / Section 1799.64
44-1799.64 Enforcement
Status: in_force

44-1799.64. Enforcement

A. A municipal or county peace officer or enforcement official may determine compliance with this article, may prohibit the operation of any amusement ride that is not in compliance with this article and may institute an action in a court of competent jurisdiction to enforce this article.

B. A municipal or county peace officer or enforcement official who is experienced and educated in amusement ride inspections in compliance with the amusement rides and devices standards of the American society of testing and materials may enter and inspect without notice any amusement ride at any time.

C. On request, the owner or operator of an amusement ride shall provide the permit, inspection certificate, insurance certificate and other records to a municipal or county peace officer or enforcement official.  A copy of the documents may be provided instead of originals.

D. This section does not prohibit the owner or operator of an amusement ride from seeking relief from the enforcement of this article through any appropriate legal means.
A.R.S. § 44-1448 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1448
44-1448 Cancellation of registrations
Status: in_force

44-1448. Cancellation of registrations

The secretary of state shall cancel from the register:

1. Any registration concerning which the secretary of state receives a voluntary request for cancellation thereof from the registrant or the assignee of record.

2. All registrations granted under this article and not reregistered in accordance with the provisions hereof.

3. Any registration concerning which a court of competent jurisdiction finds:

(a) That the registered mark has been abandoned.

(b) That the registrant is not the owner of the mark.

(c) That the registration was granted improperly.

(d) That the registration was obtained fraudulently.

(e) That the registered mark is so similar to a mark registered by another person in the United States patent office, prior to the date of the filing of the application for registration by the registrant under this article, and not abandoned, that it might cause confusion or mistake, or a person to be deceived, but if the registrant proves that he is the owner of a concurrent registration of his mark in the United States patent office covering an area including this state, the registration under this article shall not be canceled.

(f) That the mark is or has become the generic name for the goods or services, or a portion of the goods or services, for which it has been registered.

4. When a court of competent jurisdiction orders cancellation of a registration on any ground.
A.R.S. § 44-3152 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3152
44-3152 Exemption of certain investment advisers and investment adviser representatives; private fund adviser exemption; definitions
Status: in_force

44-3152. Exemption of certain investment advisers and investment adviser representatives; private fund adviser exemption; definitions

A. An investment adviser is not required to be licensed or make a notice filing under this chapter if that investment adviser does not have a place of business in this state and either:

1. Its only clients in this state are investment companies, other investment advisers, dealers, depository institutions, insurance companies, employee benefit plans with assets of not less than $1,000,000 and governmental agencies or instrumentalities, whether acting for themselves or as trustees with investment control.

2. During the preceding twelve months it had fewer than six clients who are residents of this state other than those clients specified in paragraph 1 of this subsection.

B. An investment adviser is not required to be licensed or make a notice filing under this chapter if that investment adviser is a private fund adviser that:

1. Satisfies each of the following conditions:

(a) The private fund adviser or any of its advisory affiliates are not subject to an event that would disqualify an issuer under SEC rule 262 of regulation A (17 Code of Federal Regulations section 230.262).

(b) The private fund adviser to a qualifying private fund that is not a venture capital company files with the commission each report and each report amendment that the investment adviser is required to file with the SEC pursuant to SEC rule 204-4 (17 Code of Federal Regulations section 275.204-4). The private fund adviser shall electronically file the reports with the commission through the IARD.  A report is deemed filed when the report and the fee required by subdivision (c) of this paragraph are accepted by the IARD on this state's behalf.

(c) The private fund adviser to a qualifying private fund that is not a venture capital company has paid a fee of $125 to the commission for each calendar year in which it relies on the exemption provided by this subsection.

2. Except as provided in subsection H of this section, advises at least one retail buyer fund and that complies with paragraph 1 of this subsection and all of the following requirements with respect to each retail buyer fund advised by the private fund adviser:

(a) The private fund adviser only advises those retail buyer funds whose outstanding securities, other than short-term paper, are beneficially owned entirely by either:

(i) Any person that, at the time that the securities are sold, the private fund adviser reasonably believes to be an accredited investor as defined in SEC rule 501(a) of regulation D (17 Code of Federal Regulations section 230.501(a)) or that is a manager, director, officer or employee of the private fund adviser.

(ii) Any person that obtains the security through a transfer not involving a sale of that security.

(b) At or before the time of purchase of any security of a retail buyer fund, the private fund adviser discloses in writing to the purchaser of the security both of the following:

(i) All services, if any, to be provided by the investment adviser to a purchaser of securities of the retail buyer fund and to the retail buyer fund itself.

(ii) All duties, if any, that the investment adviser owes to a purchaser of securities of the retail buyer fund and to the retail buyer fund itself.

(c) The private fund adviser obtains on an annual basis audited financial statements of each retail buyer fund that is advised by the private fund adviser and delivers a copy of the audited financial statements to each purchaser of securities of the retail buyer fund.  This subdivision does not apply to a limited retail buyer fund with respect to any annual period for which each owner of outstanding securities of the limited retail buyer fund has waived the application of this subdivision after the beginning of the annual period to which the waiver applies.

C. If a private fund adviser is registered with the SEC, the private fund adviser is not eligible for the exemption provided by subsection B of this section.

D. A person is not required to be licensed or to make a notice filing under this chapter if the person is employed by or associated with an investment adviser that is not required to be licensed or make a notice filing under this chapter pursuant to subsection B of this section and the person does not otherwise act as an investment adviser representative.

E. An investment adviser that becomes ineligible for the exemption provided by subsection B of this section must comply with all applicable laws and rules requiring licensing or notice filing within ninety days after the date that the investment adviser's eligibility for the exemption ceases.

F. Subsection B, paragraph 1, subdivision (a) of this section does not apply on a showing of good cause and without prejudice to any other commission action if the commission determines that it is not necessary under the circumstances that an exemption be denied.

G. Compliance with subsection B, paragraph 2, subdivision (b) of this section does not relieve a private fund adviser of any disclosure obligation under any other state or federal law.

H. An investment adviser to a retail buyer fund that existed before September 1, 2016 and that does not satisfy the conditions prescribed by subsection B, paragraph 2, subdivision (a) of this section on September 1, 2016 may be eligible for the exemption prescribed by subsection B, paragraph 1 of this section if all of the following conditions are satisfied:

1. Beginning on September 1, 2016, the retail buyer fund ceases to sell securities to persons other than the persons described in subsection B, paragraph 2, subdivision (a), item (i) of this section.

2. The investment adviser discloses in writing the information described in subsection B, paragraph 2, subdivision (b) of this section to each purchaser of securities of the retail buyer fund by December 1, 2016.

3. For every fiscal year ending after August 31, 2016, the investment adviser delivers audited financial statements to each owner of securities of the retail buyer fund as required by subsection B, paragraph 2, subdivision (c) of this section.

I. If the commission determines that it is not necessary for any investment adviser or class of investment advisers or investment adviser representative or class of investment adviser representatives to be licensed to protect the public interest because of the special characteristics of the securities or transactions in which the investment adviser or investment adviser representative may be involved, the commission may by rule or order provide limited licensure requirements or exempt these persons from licensure under this article.

J. A dealer or salesman that is registered with the commission pursuant to chapter 12, article 9 of this title is not required to be licensed, make a notice filing or comply with reporting requirements under this article.

K. The authorized use of the designation "chartered financial consultant" by an insurance producer licensed by the department of insurance and financial institutions does not in and of itself constitute holding oneself out to the public as an investment adviser or require a license under this article.

L. Subsection B of this section does not exempt an investment adviser that has custody of any securities or funds of any client from complying with commission rules relating to the custody of client funds or securities by investment advisers.

M. For the purposes of this section:

1. "Advisory affiliate" has the same meaning prescribed in the glossary of terms to form ADV, which is the uniform application for investment adviser registration (17 Code of Federal Regulations section 279.1) or its successor form.

2. "Affiliated person" means a person that controls, is controlled by or is under common control with the other specified persons.

3. "Control" means possessing, directly or indirectly, the power to direct or cause the direction of management and policies.

4. "Derivative investment" means an acquisition of securities by a venture capital company in the ordinary course of its business in exchange for an existing venture capital investment, either on the exercise or conversion of the existing venture capital investment or in connection with a public offering of securities or the merger or reorganization of the operating company to which the existing venture capital investment relates.

5. "Entity" means a partnership, corporation, trust, limited liability company, limited liability partnership, sole proprietorship or other organization.

6. "Family member":

(a) Means a lineal descendant, including a child related by adoption or blood and an individual who was a minor when another family member became the individual's legal guardian, of a common ancestor who is living or deceased if the common ancestor is not more than ten generations removed from the youngest generation of family members.

(b) Includes:

(i) A spouse of the lineal descendant described in subdivision (a) of this paragraph.

(ii) A stepchild and the stepchild's spouse.

(iii) A foster child and the foster child's spouse.

7. "Former family member" means a spouse or stepchild who was a family member but who is no longer a family member.

8. "Limited retail buyer fund" means a retail buyer fund that satisfies all of the following conditions:

(a) Has no more than, or the private fund adviser reasonably believes that the fund has no more than, fifteen purchasers of securities, individually or collectively with all other limited retail buyer funds, that are advised by the private fund adviser or an affiliated person. For the purposes of calculating the number of purchasers under this subdivision, a purchaser that is an entity shall be counted as the number of individuals who are directly or indirectly beneficial owners in the entity, except that all individuals who are family members or former family members shall be counted as a single purchaser.

(b) When the securities are sold the private fund adviser reasonably believes that each purchaser of securities from the limited retail buyer fund that is not a qualified purchaser, as defined in section 2(a)(51) of the investment company act of 1940, is a qualified client as defined in 17 Code of Federal Regulations section 275.205-3.

(c) The private fund adviser and any affiliated person do not hold themselves out to the public as an investment adviser and the private fund adviser and any affiliated person do not act as an investment adviser to any investment company registered under the investment company act of 1940.

(d) The private fund adviser and any affiliated person have not offered or sold any securities of the limited retail buyer fund by any form of general solicitation or general advertising.

9. "Management rights" means the right, obtained contractually or through ownership of securities, either through one person alone or in conjunction with one or more persons acting together or through an affiliated person, to substantially participate in, substantially influence the conduct of or provide or offer to provide significant guidance and counsel concerning the management, operations or business objectives of the operating company in which the venture capital investment is made.

10. "Operating company":

(a) Means an entity that is primarily engaged, directly or through a majority-owned subsidiary, in the production or sale, including any research or development, of a product or service other than the management or investment of capital.

(b) Does not include an individual or sole proprietorship.

11. "Person" means an individual or an entity.

12. "Private fund adviser" means an investment adviser that provides advice solely to one or more qualifying private funds.

13. "Qualifying private fund" means an issuer that qualifies for the exclusion from the definition of an investment company under section 3(c)(1), 3(c)(5) or 3(c)(7) of the investment company act of 1940.

14. "Retail buyer fund" means a qualifying private fund that is neither a venture capital company nor a qualifying private fund that qualifies for the exclusion from the definition of an investment company under section 3(c)(7) of the investment company act of 1940.

15. "Venture capital company" means an entity that satisfies at least one of the following conditions:

(a) The entity is a venture capital fund as defined in SEC rule 203(l)-1 (17 Code of Federal Regulations section 275.203(l)-1).

(b) The entity is a venture capital operating company as defined in SEC rule 2510.3-101(d) (29 Code of Federal Regulations section 2510.3-101(d)).

(c) On at least one occasion during the annual period commencing with the date of its initial capitalization, and on at least one occasion during each annual period thereafter, at least fifty percent of its assets other than short-term investments pending long-term commitment or distribution to investors, valued at cost, are venture capital investments or derivative investments.

16. "Venture capital investment" means an acquisition of securities of an operating company as to which the investment adviser, the entity advised by the investment adviser or an affiliated person of either has or obtains management rights.
A.R.S. § 44-6751 — Arizona Code / Title 44 / Chapter 21 / Article 1 / Section 6751
44-6751 Investment of pension funds
Status: in_force

44-6751. Investment of pension funds

Notwithstanding any other law, the investment managers of public and private pension funds deposited in this state shall not be required to invest in any type of investment dictated or required by any entity of the federal government that is intended to fund economic development projects, public works or social programs, but investment managers may consider such economically targeted investments pursuant to their fiduciary responsibility.
A.R.S. § 44-1624 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1624
44-1624 Pawn transactions; reportable transactions
Status: in_force

44-1624. Pawn transactions; reportable transactions

A. The length of all pawn transactions is a minimum of ninety days, except that a longer term may be contracted for between the pawnbroker and the pledgor.

B. A pawnbroker shall not enter into a pawn transaction or good faith outright purchase of tangible personal property with a person who is less than eighteen years of age.

C. A pawnbroker shall not enter into a pawn transaction or good faith outright purchase of tangible personal property that has a manufacturer's serial number that has been removed, altered or obliterated.

D. Before entering into a pawn transaction or good faith outright purchase of tangible personal property a pawnbroker shall require the pledgor or seller to identify himself with an identification document sufficient to verify the information required pursuant to section 44-1625.

E. A pawnbroker shall retain any pledged goods at the pawnbroker's place of business or any other storage location approved by the applicable local law enforcement agency.

F. The pawnbroker shall retain any property obtained by good faith outright purchase in its original form for twenty days after the original transaction date at the pawnbroker's place of business or other storage location approved by the applicable local law enforcement agency.

G. The pawnbroker shall maintain at the pawnbroker's place of business records of all reportable transactions and pawn tickets and shall retain the records for at least two years after the date when the transaction occurred. The pawnbroker shall ensure that the records include accurate copies of all transaction receipts or pawn tickets.  On request by a local law enforcement agent in the course of the agent's duties, the pawnbroker shall allow the agent to inspect the pawnbroker's receipts, pawn tickets or required alcohol, tobacco and firearms logs or to review any article received by the pawnbroker by pledge, purchase or trade.

H. A pawnbroker shall produce the pawnbroker's register, shall exhibit all articles received by the pawnbroker in pledge or purchase or shall produce the pawnbroker's account of sales to a local law enforcement agency on the agency's request to inspect the register, articles or accounts of sales of the pawnbroker or on service of a search warrant or order issued by a judge or magistrate.
A.R.S. § 44-1778 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1778
44-1778 Civil penalty
Status: in_force

44-1778. Civil penalty

A. Any art dealer who violates section 44-1775 or section 44-1776, subsection A is liable to the artist in an amount equal to:

1. Five hundred dollars.

2. The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation and reasonable attorney fees.

B. An art dealer who violates section 44-1776, subsection B is liable to the artist in an amount equal to three times the amount due the artist.
A.R.S. § 44-1375 — Arizona Code / Title 44 / Chapter 9 / Article 19 / Section 1375
44-1375 Definitions
Status: in_force

44-1375. Definitions

In this article, unless the context otherwise requires:

1. "Automatic commercial icemaker" means a factory made assembly that is shipped in one or more packages, that consists of a condensing unit and icemaking section operating as an integrated unit, that makes and harvests ice cubes and that may store or dispense ice. Automatic commercial icemaker includes machines with capacities between fifty and two thousand five hundred pounds per twenty-four hours.

2. "Ballast" means a device used with an electric discharge lamp to obtain necessary circuit conditions such as voltage, current and waveform for starting and operating the lamp.

3. "Commercial clothes washer" means a soft mount horizontal or vertical axis clothes washer that both:

(a) Has a clothes container compartment no greater than three and one-half cubic feet in the case of a horizontal axis product or no greater than four cubic feet in the case of a vertical axis product.

(b) Is designed for use by more than one household, such as in multifamily housing, apartments or coin laundries.

4. "Commercial prerinse spray valve" means a handheld device designed to spray water on dishes, flatware and other food service items for the purpose of removing food residue prior to cleaning.

5. "Commercial refrigerator, freezer and refrigerator freezer" means self-contained refrigeration equipment that:

(a) Is not a consumer product as regulated pursuant to 42 United States Code chapter 77.

(b) Operates at a chilled, frozen, combination chilled-frozen or variable temperature for the purpose of storing or merchandising food, beverages or ice.

(c) May have transparent or solid or both transparent and solid hinged doors, sliding doors or a combination of hinged and sliding doors.

(d) Incorporates most components involved in the vapor-compression cycle and the refrigerated compartment in a single cabinet.

(e) Does not include:

(i) Units with eighty-five cubic feet or more of internal volume.

(ii) Walk-in refrigerators or freezers.

(iii) Units with no doors.

(iv) Freezers specifically designed for ice cream.

6. "High-intensity discharge lamp" means a lamp in which light is produced by the passage of an electric current through a vapor or gas and in which the light producing arc is stabilized by bulb wall temperature and the arc tube has a bulb wall loading in excess of three watts per square centimeter.

7. "Illuminated exit sign" means an internally illuminated sign that is designed to be permanently fixed in place to identify a building exit and that consists of an electrically powered integral light source that both illuminates the legend "exit" and any directional indicators and provides contrast between the legend, any directional indicators and the background.

8. "Large packaged air conditioning equipment" means electrically operated, air cooled air conditioning and air conditioning heat pump equipment that has cooling capacity greater than or equal to two hundred forty thousand BTU per hour but less than seven hundred sixty thousand BTU per hour and that is built as a package and shipped as a whole to end user sites.

9. "Low voltage dry type distribution transformer" means a transformer to which all of the following apply:

(a) Has an input voltage of six hundred volts or less.

(b) Is air cooled.

(c) Does not use oil as a coolant.

(d) Is rated for operation at a frequency of sixty hertz.

10. "Metal halide lamp" means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors.

11. "Metal halide lamp fixture" means a light fixture designed to be operated with a metal halide lamp and a ballast for a metal halide lamp.

12. "Portable electric spa" means a factory-built electric spa or hot tub that is supplied with equipment for heating and circulating water.

13. "Probe start metal halide ballast" means a ballast used to operate metal halide lamps that does not contain an ignitor and which instead starts lamps by using a third starting electrode probe in the arc tube.

14. "Pulldown refrigerator" means a commercial refrigerator specifically designed to rapidly reduce all integrated product temperatures from ninety degrees fahrenheit to thirty-eight degrees fahrenheit over a twelve hour period when fully loaded with beverage containers.

15. "Residential pool pump" means a pump that is used to circulate and filter residential swimming pool water in order to maintain clarity and sanitation and that consists, in part, of a motor and an impeller and housing.

16. "Residential pool pump motor" means a definite purpose motor designed for use in a residential pool pump.

17. "Single voltage external AC to DC power supply" means a device that:

(a) Is designed to convert line voltage AC input into lower voltage DC output.

(b) Is able to convert to only one DC output voltage at a time.

(c) Is sold with, or intended to be used with, a separate end use product that constitutes the primary power load.

(d) Is contained within a separate physical enclosure from the end use product.

(e) Is connected to the end use product via a removable or hard wired male/female electrical connection, cable, cord or other wiring.

(f) Does not have batteries or battery packs, including those that are removable and that physically attach directly to the power supply unit.

(g) Does not have a battery chemistry or type selector switch and indicator light or does not have a battery chemistry or type selector switch and a state of charge meter.

(h) Has a nameplate output power less than or equal to two hundred fifty watts.

18. "Torchiere" means a portable electric lighting fixture with a reflective bowl that directs light upward onto a ceiling so as to produce indirect illumination on the surfaces below. A torchiere may include downward directed lamps in addition to the upward, indirect illumination.

19. "Traffic signal module" means a standard eight inch or twelve inch traffic signal indication, consisting of a light source, a lens and all other parts necessary for operation.

20. "Transformer" means a device that consists of two or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.  Transformer does not include:

(a) Transformers with multiple voltage taps, with the highest voltage tap equaling at least twenty per cent more than the lowest voltage tap.

(b) Transformers, such as those commonly known as drive transformers, rectifier transformers, auto transformers, uninterruptible power system transformers, impedance transformers, regulating transformers, sealed and nonventilating transformers, machine tool transformers, welding transformers, grounding transformers or testing transformers, that are designed to be used in a special purpose application and that are unlikely to be used in general purpose applications.

21. "Unit heater" means a self-contained, vented fan type commercial space heater that uses natural gas or propane and that is designed to be installed without ducts within a heated space, except that unit heater does not include any products covered by federal standards established pursuant to 42 United States Code chapter 77 or any product that is a direct vent, forced flue heater with a sealed combustion burner.
A.R.S. § 44-1641.05 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1641.05
44-1641.05 Items required to be maintained at place of business; city or county ability to recover costs; violation; civil penalty
Status: in_force

44-1641.05. Items required to be maintained at place of business; city or county ability to recover costs; violation; civil penalty

A. A registered scrap metal dealer must keep the following at each place of business:

1. Proof of registration that is issued by the department.

2. A statement indicating that the scrap metal dealer has registered on a free theft notification website that allows law enforcement to send detailed descriptions of stolen items to recycling operations and other law enforcement within at least a one hundred mile radius of a theft. The website must allow scrap metal dealers to alert law enforcement when the dealers are offered suspicious materials.

3. An affidavit signed by the scrap metal dealer that states that the person is in compliance with this article.

4. A questionnaire that the scrap metal dealer must prepare every two years to show compliance with this article.

B. The scrap metal dealer must maintain and make available the items prescribed by subsection A of this section for inspection by law enforcement. If after inspection law enforcement determines that the scrap metal dealer is in violation of this section, law enforcement must submit a notice of violation to the scrap metal dealer. Except as otherwise provided in this section, law enforcement shall reinspect the scrap metal dealer's place of business not earlier than seven days after the scrap metal dealer receives the notice of violation. After reinspection, if law enforcement determines that the scrap metal dealer is in violation of this section, law enforcement may conduct a subsequent reinspection without a minimum waiting period.

C. If a person violates this section, the person is subject to the following:

1. For a first violation, a civil penalty of $500.

2. For a second violation, a civil penalty of $2,000 and a licensing jurisdiction shall suspend or revoke the person's business license or, if a business license is not required to operate a business, the jurisdiction shall order the suspension or permanent cessation of the person's business operations.

3. For a third or subsequent violation, a civil penalty that is $2,000 more than the previous civil penalty imposed on the person for violating this section.

4. Any costs associated with the enforcement of this article as determined by a city or county.

D. Failure to comply with this section may result in the immediate suspension of all scrap metal transactions unless one of the following applies to the business:

1. The business has been previously registered as a scrap metal recycler.

2. The business has a local business license.
A.R.S. § 44-2087 — Arizona Code / Title 44 / Chapter 12 / Article 18 / Section 2087
44-2087 Application of safe harbor for forward-looking statements; definitions
Status: in_force

44-2087. Application of safe harbor for forward-looking statements; definitions

A. This section only applies to a forward-looking statement made by:

1. At the time that the statement is made, an issuer that is subject to the reporting requirements of section 13(a) or section 15(d) of the securities exchange act of 1934 (15 United States Code section 78m(a) or section 78o(d)).

2. A person acting on behalf of an issuer described in paragraph 1 of this subsection.

3. An outside reviewer who is retained by an issuer described in paragraph 1 of this subsection and who is making a statement on behalf of that issuer.

4. An underwriter of an issuer described in paragraph 1 of this subsection who uses information provided by the issuer or information derived from information provided by the issuer.

B. Except if specifically provided by rule or order of the commission, this section does not apply to a forward-looking statement if the statement is:

1. Made in connection with the issuer's business or operations and if any of the following applies to the issuer:

(a) At any time during the three consecutive years before the date on which the statement was first made, the issuer was convicted of a felony or misdemeanor pursuant to section 44-1961, subsection A, paragraph 8, or clauses (i) through (iv) of section 15(b)(4)(B) of the securities exchange act of 1934 (15 United States Code section 78o(b)(4)(B)), has been found to have violated or been made subject to an order, judgment or decree under section 44-1961, subsection A, paragraph 9, 10 or 11, or has been made the subject of a judicial or administrative decree or order arising out of a governmental action that prohibits future violations of the antifraud provisions of the federal, Arizona or other jurisdictions' securities laws, requires that the issuer cease and desist from violating the antifraud provisions of the federal, Arizona or other jurisdictions' securities laws or determines that the issuer violated the antifraud provisions of the federal, Arizona or other jurisdictions' securities laws.

(b) The issuer makes the forward-looking statement in connection with an offering of securities by a blank check company.

(c) The issuer issues penny stock.

(d) The issuer makes the forward-looking statement in connection with a roll up transaction.

(e) The issuer makes the forward-looking statement in connection with a going private transaction.

2. Included in a financial statement prepared in accordance with generally accepted accounting principles.

3. Contained in a registration statement of or issued by an investment company.

4. Made in connection with a tender offer.

5. Made in connection with an initial public offering.

6. Made in connection with an offering by or relating to the operations of a partnership, a limited liability company or a direct participation investment program.

7. Made in a disclosure of beneficial ownership in a report required to be filed with the SEC pursuant to section 13(d) of the securities exchange act of 1934 (15 United States Code section 78m(d)).

C. Except as provided in subsection B of this section, in any private action that arises under this chapter and that is based on an untrue statement of a material fact or an omission of a material fact necessary to make the statement not misleading, pursuant to subsection A of this section, a person, issuer, outside reviewer or underwriter is not liable for any written or oral forward-looking statement if and to the extent that either of the following exists:

1. The forward-looking statement is identified as a forward-looking statement and is accompanied by meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those in the forward-looking statement or the statement is immaterial.

2. The plaintiff fails to prove that the forward-looking statement if made by a natural person was made with actual knowledge by that person that the statement was false or misleading, or if made by a business entity, was made by or with the approval of an executive officer of that entity and was made or approved by that officer with actual knowledge by that officer that the statement was false or misleading.

D. In the case of an oral forward-looking statement made by an insurer that is subject to the reporting requirements of section 13(a) or section 15(d) of the securities exchange act of 1934, (15 United States Code section 78m(a) or section 78o(d)) or by a  person acting on behalf of the issuer, the requirement set forth in subsection C, paragraph 1 of this section is satisfied if both of the following are true:

1. The oral forward-looking statement is accompanied by a cautionary statement that the oral statement is a forward-looking statement and that the actual results could differ materially from those projected in the forward-looking statement.

2. If the oral forward-looking statement is accompanied by an oral statement that additional information concerning factors that could cause actual results to differ materially from those in the forward-looking statement is contained in a readily available written document, the oral statement shall identify the document or the portion of the document that contains the additional information about those factors relating to the forward-looking statements and the written document shall contain a cautionary statement that satisfies the standard established in subsection C, paragraph 1 of this section.

E. Any document that is filed with the commission or the SEC or that is generally disseminated is readily available for purposes of subsection D of this section.

F. The exemption provided for in subsection C of this section is in addition to any exemption that the commission may establish by rule under subsection J of this section.

G. Nothing in this section imposes on any person a duty to update a forward-looking statement.

H. On any motion to dismiss based on subsection C of this section, the court shall consider any statement cited in the complaint and any cautionary statement that is not subject to material dispute and that is cited by the defendant accompanying the forward-looking statement.

I. In any private action arising under this chapter, the court shall stay discovery, other than discovery that is specifically directed to the applicability of the exemption provided by this section, during the pendency of any motion by a defendant for summary judgment that is based on the grounds that the statement or omission on which the complaint is based is a forward-looking statement within the meaning of this section and the exemption provided by this section precludes a claim for relief.

J. In addition to the exemptions provided by this section, the commission by rule may provide exemptions from or under any provision of this chapter, including liability that is based on a statement, projections or other forward-looking information, if the exemption is consistent with the public interest and the protection of investors, as determined by the commission.

K. Nothing in this section limits, either expressly or by implication, the authority of the commission to exercise similar authority or to adopt similar rules for forward-looking statements under any other statute under which the commission exercises rule making authority.

L. For the purposes of this section, unless the context otherwise requires:

1. "Forward-looking statement" means any of the following:

(a) A statement containing a projection of revenues, income, income loss, earnings, earnings per share, loss per share, capital expenditures, dividends, capital structure or other financial items.

(b) A statement of the plans and objectives of management for future operations, including plans or objectives relating to the products or services of the issuer.

(c) A statement of future economic performance, including any statement contained in a discussion and analysis of financial condition by the management or in the results of operations included pursuant to the rules of the commission or the rules and regulations of the SEC.

(d) Any statement of the assumptions underlying or relating to any statement described in subdivision (a), (b) or (c) of this paragraph.

(e) Any report issued by an outside reviewer retained by an issuer, to the extent that the report assesses a forward-looking statement made by the issuer.

(f) A statement containing a projection or estimate of other items specified by commission rule.

2. "Going private transaction" has the same meaning prescribed in the rules and regulations of the SEC issued pursuant to section 13(e) of the securities exchange act of 1934 (15 United States Code section 78m(e)).

3. "Investment company" has the same meaning prescribed in section 3(a) of the investment company act of 1940 (15 United States Code section 80a-3(a)).

4. "Person acting on behalf of an issuer" means any officer, director or employee of the issuer.

5. "Tender offer" has the same meaning prescribed in section 14(d) of the securities exchange act of 1934 (15 United States Code section 78n(d)).

6. The following terms have the same meaning prescribed in the rules of the commission:

(a) "Direct participation investment program".

(b) "Executive officer of an entity".

(c) "Initial public offering".

(d) "Limited liability company".

(e) "Partnership".

(f) "Penny stock".

(g) "Roll up transaction".
A.R.S. § 44-7008 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7008
44-7008 Provision of information in writing; presentation of records
Status: in_force

44-7008. Provision of information in writing; presentation of records

A. If the parties to a transaction have agreed to conduct the transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record that is capable of retention by the recipient at the time of receipt.  An electronic record is not capable of retention by the recipient if the sender or the sender's information processing system inhibits the ability of the recipient to print or store the electronic record.

B. If a law other than this chapter requires a person to post or display a record in a certain manner, to send, communicate or transmit a record by a specified method or to format information in a record in a certain manner, the following requirements apply:

1. The record shall be posted or displayed in the manner prescribed in that law.

2. Except as otherwise provided in subsection D, paragraph 2, the record shall be sent, communicated or transmitted by the method prescribed in that law.

3. The record shall contain the information formatted in the manner prescribed in that law.

C. If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.

D. The parties to the transaction shall not vary the requirements of this section, except that to the extent a law other than this chapter requires:

1. Information to be provided, sent or delivered in writing but allows that requirement to be varied by agreement, the parties may agree to vary the requirement prescribed in subsection A that the information be in the form of an electronic record capable of retention.

2. A record to be sent, communicated or transmitted by postage prepaid first class mail or regular mail but allows that requirement to be varied by agreement, the parties may agree to vary the requirement to the extent allowed by the other law.
A.R.S. § 44-7851 — Arizona Code / Title 44 / Chapter 36 / Article 1 / Section 7851
44-7851 Definitions
Status: in_force

44-7851. Definitions

In this chapter, unless the context otherwise requires:

1. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding gases.

2. "Private party" means a person who is not a prohibited possessor under state or federal law and does not include a person who possesses a federal firearms license and who primarily engages in the business of selling, trading or purchasing firearms.

3. "Transfer" means when a person gives, loans, offers for sale, wills or in any manner offers another person a firearm for any lawful purpose and the person is not a prohibited possessor under state or federal law.
A.R.S. § 44-1453 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1453
44-1453 Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions
Status: in_force

44-1453. Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions

A. Except as provided in subsections B, C and D of this section, a person who knowingly and with intent to sell or distribute uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit mark or any service that is identified by a counterfeit mark is guilty of a class 1 misdemeanor.

B. A person who commits any act proscribed in subsection A of this section is guilty of a class 6 felony if either:

1. The person has one previous conviction under this section.

2. At least one of the following is true:

(a) The violation involves more than one hundred but fewer than one thousand items that bear the counterfeit mark.

(b) The total retail value of all of the items or services that bear or are identified by the counterfeit mark is more than one thousand dollars but less than ten thousand dollars.

C. A person who knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark is guilty of a class 5 felony.

D. A person who commits any act proscribed by subsection A of this section is guilty of a class 5 felony if either:

1. The person has two or more previous convictions under this section.

2. At least one of the following is true:

(a) The violation involves at least one thousand items that bear the counterfeit mark.

(b) The total retail value of all of the items or services that bear or are identified by the counterfeit mark is at least ten thousand dollars.

E. A person who knowingly has possession, custody or control of at least twenty-six items that bear a counterfeit mark is presumed to possess the items with intent to sell or distribute the items.

F. In any criminal proceeding in which a person is convicted of a violation of this section, the court may order the convicted person to pay restitution to the intellectual property owner.

G. A law enforcement officer may seize any item that bears a counterfeit mark and all other personal property that is employed or used in connection with a violation of this section, including any items, objects, tools, machines, equipment, instrumentalities or vehicles. All personal property seized pursuant to this section shall be forfeited pursuant to title 13, chapter 39.

H. After a disposition or final judgment, on the request of the intellectual property owner, a law enforcement officer shall release all seized items that bear a counterfeit mark to the intellectual property owner for destruction or disposition. If the intellectual property owner does not request the release of the seized items that bear a counterfeit mark, the law enforcement officer shall destroy the items unless the intellectual property owner consents to another form of disposition.

I. Any certificate of registration pursuant to this article or federal law of any intellectual property is prima facie evidence of the facts stated in the certificate of registration.

J. In addition to the remedies provided in section 44-1451, an intellectual property owner who sustains a loss as a result of a violation of this section may file an action in superior court for recovery of up to treble damages and the costs of the suit including reasonable attorney fees.

K. The remedies provided in this section are cumulative to all other civil and criminal remedies provided by law.

L. For the purposes of this section, the quantity or retail value of items or services includes the aggregate quantity or retail value of all items that the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells or possesses and that bear a counterfeit mark or that are identified by a counterfeit mark.

M. For the purposes of this section:

1. "Counterfeit mark" means:

(a) Any unauthorized reproduction or copy of intellectual property.

(b) Intellectual property that is affixed to any item that is knowingly sold, offered for sale, manufactured or distributed or to any identifying services offered or rendered without the authority of the intellectual property owner.

2. "Intellectual property" means any trademark, service mark, trade name, label, term, device, design or word that is adopted or used by a person to identify that person's goods or services.

3. "Item" includes:

(a) Any component that is designed, marketed or otherwise intended to be used on or in connection with any goods or services.

(b) Any component of a finished product.

4. "Retail value" means:

(a) For items that bear a counterfeit mark and that are components of a finished product, the manufacturer's suggested retail price of the finished product on or in which the component would be utilized.

(b) For all other items that bear a counterfeit mark or services that are identified by a counterfeit mark, the manufacturer's suggested retail price for those items or services.
A.R.S. § 44-1205 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1205
44-1205 Closed end loans of five thousand dollars or less; revolving accounts; check loan accounts; credit card revolving account; delinquency charges; prepayment rebates and additional charges; definition
Status: in_force

44-1205. Closed end loans of five thousand dollars or less; revolving accounts; check loan accounts; credit card revolving account; delinquency charges; prepayment rebates and additional charges; definition

A. The following apply to closed end loans, other than closed end loans subject to title 6, chapter 5, in which the principal amount of the loan does not exceed five thousand dollars:

1. Interest not to exceed the maximum rate set by contract may be charged. Interest may be computed either at the single annual percentage rate using the actuarial method or it may be precomputed on the assumption that all payments will be made in the amounts and on the dates scheduled and added to the principal of the loan. If interest is precomputed, the fact that payments are made either before or after the date due does not affect the amount of interest which the lender may charge or receive. If such precomputed interest loan balance is prepaid in full by cash, a new loan, refinancing or otherwise, the lender or holder shall charge only for interest which has been earned and unpaid late or delinquency charges as of the date of prepayment, and the borrower shall receive a rebate of that portion of the precomputed interest which is the difference between the total precomputed interest charges and the charges at the contract interest rate computed on the unpaid principal balance based on the number of days or months to maturity based on either a thirty-day month-three hundred sixty day year or daily three hundred sixty-five or three hundred sixty-six day year on the number of days remaining to final maturity. The amount of such rebate shall not be computed pursuant to the method commonly known as the "rule of 78's". To simplify the calculation of earned interest, it is permissible to assume that all payments were made as originally scheduled or as otherwise mutually agreed.

2. It is permissible to calculate interest on an annual basis of twelve months of thirty days each, or on a daily basis if a day is counted either as 1/360th, 1/365th, or 1/366th of a year, as the lender and borrower may agree by writing. The lender may also charge a late payment or delinquency charge, in addition to all interest charges permitted, on each installment not paid in full within ten days of its due date in an amount not to exceed five per cent of the installment or ten dollars, whichever is less.

B. Except as provided in subsection C of this section, revolving accounts in which the agreed upon credit limit does not exceed ten thousand dollars are subject to the provisions of this subsection. Under a revolving loan account of any lender, other than a consumer revolving loan subject to title 6, chapter 5, or resulting from a check loan account, which the borrower may pay at any time but has the privilege of paying in installments, if the interest charge is not precomputed, interest not to exceed the maximum rate set by contract may be charged on the unpaid balances of the account, calculated as of the regular monthly billing date or on the actual daily balances outstanding. The lender may also charge a late payment or delinquency charge on each installment not paid in full within ten days of its due date in an amount not to exceed five per cent of the installment or ten dollars, whichever is less. If a lender makes a loan to a borrower by purchasing or satisfying obligations of the borrower pursuant to a lender credit card or similar arrangement, and the purchase or satisfaction is made at less than the face amount of the obligation, the discount shall not be considered to be interest. If an arrangement constitutes both a revolving loan account under this subsection and a retail installment transaction under section 44-6001, it is governed by this subsection or section 44-6002 as the parties may agree.

C. Except as provided in subsection D of this section a credit card revolving account, including an account that permits access by check, is governed by the laws of this state and is subject to this subsection. Under a credit card revolving account, which the borrower may pay at any time but has the privilege of paying in installments, interest not to exceed the maximum rate set by contract may be charged on the unpaid balances of the account, calculated as of the regular monthly billing date or on the actual or average daily balances outstanding. If the contract provides, the issuer or holder of a credit card revolving account may charge and collect as interest and include in the balances of the account, in addition to or in lieu of interest on the unpaid balances of the account, any of the following:

1. An annual or other periodic charge.

2. A transaction charge for each separate purchase or loan.

3. A minimum interest charge for each regular billing date on which interest charges are due on the unpaid balances.

4. A late payment or delinquency charge.

5. A returned payment charge.

6. A stop payment charge.

7. An overlimit charge.

8. A charge for providing invoices, checks or documentary evidence.

9. A fee incident to the application for and the opening and administration of the credit card account.

10. An automated teller machine or similar electronic or interchange fee or charge.

If a credit card issuer makes a loan to a borrower by purchasing or satisfying an obligation of the borrower pursuant to the use of a lender credit card or similar arrangement and the purchase or satisfaction is made at less than the face amount of the obligation, the discount is not considered interest.

D. If a contract constitutes either a credit card revolving account under subsection C of this section or a retail charge account agreement as defined in section 44-6001, and the agreed upon credit limit of the account or agreement does not exceed ten thousand dollars it is governed in its entirety by subsection C of this section or section 44-6002 as the parties may agree.

E. The limitations of this subsection apply only to the loans described in subsections A, B and C of this section. In addition to the other charges authorized by subsections A, B and C of this section, the lender may charge the borrower only for the lawful fees actually paid by the lender for filing or recording in a public office, for motor vehicle title, registration, assessor's fees and lien filing fees, for escrow fees of an escrow agent as defined by section 6-801, for acknowledging the instrument securing the loan and for costs of obtaining a preliminary title report and title insurance policy. The lender shall not charge or receive any sums for any other service or expense, except in connection with a loan to a participant or beneficiary from a retirement plan which is qualified under section 401(a) of the internal revenue code as defined in section 42-1001 and except for casualty or other insurance covering the security for the loan and credit life and disability and unemployment insurance, even if actually paid to a third party. This section does not preclude a lender from charging the borrower for the payment of court costs, expenses and reasonable attorney fees if the loan is referred for collection to an attorney other than a salaried employee of the lender or holder. If greater aggregate charges are collected or received on a loan than the maximum charges authorized by this section the loan is usurious.

F. All terms, conditions and other provisions relating to revolving accounts as provided in subsections B, C and E of this section and other lawful provisions of the contract governing the revolving loan account are deemed to be material to the determination of interest applicable to revolving accounts under the laws of this state, the most favored lender doctrine and section 85 of the national bank act (12 United States Code section 85) or section 521 of the depository institutions deregulation and monetary control act of 1980 (12 United States Code section 1831d).

G. Subsection C of this section does not apply to loans made by a person who is a licensee under title 6, chapter 5 or 9, or both, or any affiliate of such a licensee which is not a federally insured depository institution.

H. In this section, "actuarial method" means the method of allocating payments made on a debt between the unpaid principal balance and the interest pursuant to which a payment is applied first to the interest due and any remainder is subtracted from the unpaid principal balance.
A.R.S. § 44-1460.06 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460.06
44-1460.06 Electronic filing; acceptance
Status: in_force

44-1460.06. Electronic filing; acceptance

A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the secretary of state.

B. Any document that is filed in accordance with this section is deemed to comply with:

1. The filing requirements of this article.

2. The requirement that a filing be submitted with a written signature.

3. Any requirement that the filing be filed under the penalty of perjury.

C. The secretary of state may adopt rules requiring that any person that submits a document for filing pursuant to this section also submit a written or printed copy of the document as a prerequisite to the document being deemed filed.

D. Except as provided in this section, all civil and criminal statutes applicable to the filing of paper documents apply to all documents filed pursuant to this section.
A.R.S. § 44-1998 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1998
44-1998 Offers and sales; liability
Status: in_force

44-1998. Offers and sales; liability

A. In any case relating to securities offered or sold within or from this state, any person who offers or sells a security by means of a prospectus or oral communication that includes an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements, in light of the circumstances under which they were made, not misleading is liable to the purchaser of the security from that person, as long as the purchaser did not know of the untruth or omission, as provided by this section. The purchaser may bring an action in any court or administrative forum of competent jurisdiction to recover the consideration paid for the security with interest, minus the amount of any income received from the security, on the tender of the security, or for damages if the purchaser no longer owns the security. The person has the burden of proof that the person did not know and in the exercise of reasonable care could not have known of the untruth or omission. If the person meets the burden of proof, the person is not liable. This subsection applies notwithstanding any exemption under section 77c of the securities act of 1933 (15 United States Code sections 77a through 77bbbb), except for an exemption under subsection A, paragraph 2 of that section, and notwithstanding any exemption under article 4 or 7 of this chapter, except for section 44-1843, subsection A, paragraph 1.

B. In an action under subsection A of this section, if the person who offered or sold the security proves that any portion or all of the amount recoverable under subsection A of this section represents an amount other than the depreciation in value of the subject security resulting from the asserted untruth or omission the portion or amount is not recoverable.
A.R.S. § 44-1502 — Arizona Code / Title 44 / Chapter 10 / Article 6 / Section 1502
44-1502 Application
Status: in_force

44-1502. Application

This article shall apply to operators and owners of motels, motor hotels, motor courts, motor camps, hotels and like establishments.
A.R.S. § 44-1006 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1006
44-1006 When transfer is made or obligation is incurred
Status: in_force

44-1006. When transfer is made or obligation is incurred

For the purposes of this article:

1. A transfer is made:

(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee.

(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien through attachment, garnishment levy or other process otherwise than under this article that is superior to the interest of the transferee.

2. If applicable law permits the transfer to be perfected as provided in paragraph 1 and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action.

3. If applicable law does not permit the transfer to be perfected as provided in paragraph 1, the transfer is made when it becomes effective between the debtor and the transferee.

4. A transfer is not made until the debtor has acquired rights in the asset transferred.

5. An obligation is incurred:

(a) If oral, when it becomes effective between the parties.

(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
A.R.S. § 44-336 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 336
44-336 Private holder rulings; holder information rulings; request; revocation or modification; definitions
Status: in_force

44-336. Private holder rulings; holder information rulings; request; revocation or modification; definitions

A. The department may issue private holder rulings to unclaimed property holders and potential unclaimed property holders on request.  Each request shall be in writing and shall:

1. State the name, address and, if applicable, identifying number of the holder or potential holder who requests the ruling.

2. Describe all facts that are relevant to the requested ruling.

3. State whether, to the best knowledge of the holder or potential holder, the issue or related issues are being considered by the department in connection with an active audit, protest or appeal that involves the holder or potential holder and whether the same request has been or is being submitted to another governmental authority for a ruling.

4. Be signed by the holder or potential holder who makes the request or by an authorized representative of the holder or potential holder.

B. A holder ruling request that complies with subsection A, paragraphs 2 and 3 of this section and that is signed by a representative of a holder or potential holder shall be considered a request for a holder information ruling instead of a request for a private holder ruling.

C. A private holder ruling or holder information ruling may be revoked or modified by either:

1. A change or clarification in the law that was applicable at the time the ruling was issued, including changes or clarifications caused by legislation, adopted administrative rules and court decisions.

2. Actual written notice by the department to the last known address of the holder or potential holder of the revocation or modification of the private holder ruling or holder information ruling if the holder identifying information has been disclosed to the department pursuant to subsection E of this section.  If holder identifying information has not been disclosed, written notice by the department to the last known address of the holder representative who requested the ruling will constitute notice to the holder or potential holder.

D. With respect to the holder or prospective holder to whom the private holder ruling was issued, the revocation or modification of a private holder ruling shall not be applied retroactively to unclaimed property periods or years before the effective date of the revocation or modification, and the department shall not demand any penalty or interest attributable to erroneous advice that it furnished to the holder or potential holder in the private holder ruling if:

1. The holder reasonably relied on the private holder ruling.

2. The penalty or interest did not result either from a failure by the holder to provide adequate or accurate information or from a change in the information.

E. Subsection D of this section applies to a holder information ruling if the holder or potential holder provides its name, address, identifying number, if applicable, and authorization pursuant to section 44-315, subsection A, for the representative of the holder or potential holder before the date the department publishes the ruling.  The department shall notify the representative of the holder or potential holder of the proposed publication date.  If the director has determined that the holder information ruling should not be published pursuant to subsection L of this section, subsection D of this section applies if the holder or potential holder provides the identifying information before the date specified by the department on issuing the holder information ruling to the representative.  If the holder or potential holder does not provide the department with the identifying information and representative authorization before the proposed publication date or, for an unpublished ruling, the date specified by the department, the holder information ruling is not binding on the department for the purpose of abating interest, penalty or holder liability.

F. A private holder ruling or holder information ruling shall not be relied on, cited or introduced into evidence in any proceeding by a holder other than the holder who has received the private holder ruling or holder information ruling.

G. A holder may request an administrative hearing to determine the propriety of a retroactive application of a revoked or modified private holder ruling by filing a written petition with the department pursuant to title 41, chapter 6, article 10 within forty-five days after receiving written notice of the department's intent to retroactively apply a revoked or modified private holder ruling.  This subsection applies to a holder information ruling if the holder has disclosed the holder's identifying information pursuant to subsection E of this section.

H. A private holder ruling or holder information ruling constitutes the department's interpretation of the law or rules only as they apply to the holder making, and the particular facts contained in, the request.

I. A private holder ruling or holder information ruling may be issued only if no unclaimed property liability has accrued with respect to the transactions, events or facts contained in the request.  The department may issue a private holder ruling or holder information ruling addressing a holder's ongoing business activities, except that the ruling applies only to transactions that occur or unclaimed property liabilities that accrue from and after the date the holder receives the ruling.

J. The department shall attempt to issue private holder rulings or holder information rulings within forty-five days after receiving the written request and on receiving the facts that are relevant to the ruling.  If the ruling is expected to be delayed, the department shall notify the requestor of the delay and the proposed date of issuance.

K. The department shall maintain the private holder ruling or holder information ruling as a public record and make it available at a reasonable cost for public inspection and copying.  The text of private holder rulings and holder information rulings is open to public inspection subject to the confidentiality requirements prescribed by title 42, chapter 2, article 1.

L. At the time of making a private holder ruling request or holder information ruling request, a holder or potential holder may submit a written request that the ruling not be published due to concerns about confidentiality or other disclosed reasons.  If the director determines that the ruling should not be published, the ruling shall be deemed confidential for the purpose of section 39-121.01, subsection D, paragraph 2.  If the director determines that the ruling should be published, the holder may withdraw the ruling request and the department shall not proceed with a ruling if the request is withdrawn.  Notwithstanding section 41-1092.02, the decision of the director to publish is not an appealable agency action as defined in section 41-1092 and is not subject to appeal by the holder.

M. For the purposes of this section:

1. "Holder information ruling" means a written determination by the department issued on or after the effective date of this amendment to this section that interprets and applies any provision of this chapter and any applicable administrative rules that the department has adopted to the specific prospective facts described in a request for a holder information ruling.

2. "Private holder ruling" means a written determination by the department that is issued on or after January 1, 2001 and that interprets and applies any provision of this chapter and any applicable administrative rules that the department has adopted to the specific prospective facts described in the request for a private holder ruling.
A.R.S. § 44-2002 — Arizona Code / Title 44 / Chapter 12 / Article 14 / Section 2002
44-2002 Remedy for voidable purchases
Status: in_force

44-2002. Remedy for voidable purchases

A. A purchase or contract for purchase from a seller of securities made in violation of section 44-1842, 44-1991 or 44-1994 is voidable at the election of the seller of the securities, and the seller may bring an action in a court of competent jurisdiction to recover the amount of the seller's damages, with interest, taxable court costs and reasonable  attorney fees.

B. A person against whom an action for a violation of section 44-1991 is brought is not liable under subsection A of this section if the person sustains the burden of proof that the person did not know and in the exercise of reasonable care could not have known of the untrue statement or misleading omission.
A.R.S. § 44-1651 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1651
44-1651 Definitions
Status: in_force

44-1651. Definitions

In this article, unless the context otherwise requires:

1. "Bucket shop" means any place wherein dealing in futures is carried on as defined in this section.

2. "Futures," "dealing in futures," and "future contracts" mean:

(a) A sale or purchase or contract to sell or offer to sell or purchase any copper, gold, silver, lead, cotton, grain or meat or any stocks or bonds of any corporation, to be delivered in the future when it is not the bona fide intention of the party being prosecuted, at the time the transaction was made, that the subject matter of the transaction should be delivered and paid for as specified in such transaction.

(b) Any sale, purchase, offer or contract where it was the intention of the party being prosecuted at the time of making the transaction, that it should, or at the option of either party might be, settled by paying or receiving a margin, or profit on such contract.

(c) Any purchase, sale or offer of sale or purchase, or contract for future delivery of anything set forth in this section, on, by or through any exchange or board of trade, the rules, by-laws, customs or regulations of which permit such transaction to be settled or closed by delivery or tender of any grade of the thing specified in such transaction, other than the grade upon which the price is based in such transaction, at any price other than the actual price for spot delivery of such other grade at the time and place of delivery or tender.
A.R.S. § 44-503 — Arizona Code / Title 44 / Chapter 5 / Article 1 / Section 503
44-503 Enforcement; recording prohibited; liability
Status: in_force

44-503. Enforcement; recording prohibited; liability

A. A court may not enforce an exclusive property engagement agreement made or recorded in violation of this chapter and may not impose a constructive trust in the residential real estate that is the subject of the exclusive property engagement agreement or on the proceeds of the disposition of a related residential real estate transaction.

B. A contract or agreement made or recorded with a county recorder's office in violation of this chapter is void and unenforceable.

C. Any consideration that was paid to a homeowner relating to a contract or agreement that violates this chapter must be forfeited.

D. A contract or agreement that violates this chapter and that is recorded before September 14, 2024 is void.  The state real estate commissioner shall execute and record in the office of the county recorder in each county in this state a document that disclaims the validity and enforceability of the contract or agreement or any related liens or assignments that violate this chapter. The state real estate department shall display on its website the documents that the state real estate commissioner has executed and recorded pursuant to this subsection.

E. An act or practice in violation of this chapter is an unlawful practice under section 44-1522 and is subject to enforcement through private action and by the attorney general.  Any person who violates this chapter is also subject to liability and penalties under section 33-420.  The remedies provided in this section are not the exclusive remedies for a violation of this chapter.
A.R.S. § 44-1923 — Arizona Code / Title 44 / Chapter 12 / Article 8 / Section 1923
44-1923 Order denying or revoking registration; notice to issuer and dealers
Status: in_force

44-1923. Order denying or revoking registration; notice to issuer and dealers

A. If, after a hearing or notice and opportunity for hearing as provided by article 11 of this chapter, the commission finds grounds for denying or revoking registration of securities, it may enter an order denying or revoking the registration.  The order shall state specifically the grounds for its issuance.

B. On the entry of an order denying or revoking the registration of securities, the director shall send notice of the order by certified mail to the issuer of the securities and to all registered dealers engaged in the sale of the securities.
A.R.S. § 44-1621 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1621
44-1621 Definitions
Status: in_force

44-1621. Definitions

In this article, unless the context otherwise requires:

1. "Designee" means a local law enforcement agency designated in writing by a county sheriff to perform designated duties specified in this article on behalf of the sheriff.

2. "Identification document" means a valid driver license, a valid nonoperating identification license, a valid armed forces identification card or any other valid government issued photo identification.

3. "Loan" means advancing money on the security of pledged goods or purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time.

4. "Local law enforcement agency" means the chief of police, the police department or the town marshal, if applicable to a city or town, or the county sheriff, the sheriff's designee or the county sheriff's department, if applicable to a county.

5. "Maturity date" means the date specified on the pawn ticket by which the pledged goods must be redeemed or the pawn ticket must be renewed.

6. "Misrepresentation" means a false or misleading representation made by a person with an intent to deceive or defraud.

7. "Omission" means a failure to include or to take notice of or the leaving out of pertinent information by a person with an intent to mislead.

8. "Pawn ticket" means the actual executed document that records the pawn transaction and describes the conditions of the loan agreement between the pawnbroker and pledgor.

9. "Pawn transaction" means either the act between the pawnbroker and a person pledging tangible personal property or extending credit on the security of pledged goods or the act of purchasing tangible personal property with an express or implied agreement or understanding that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time, except that a good faith outright purchase of tangible personal property is not a pawn transaction.

10. "Pawnbroker" means a person who is engaged in the business of advancing money on the security of pledged goods or is engaged in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed or variable price within a fixed or variable period of time.

11. "Pawnshop" means the location or premises at which a pawnbroker is licensed to regularly conduct the pawnbroker's business.

12. "Pledged goods" means tangible personal property which is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker's business in connection with the pawn transaction.

13. "Pledgor" means the person leaving the personal property with the pawnbroker and executing the pawn ticket.

14. "Redeem" or "redemption" means the act of the pledgor or the pledgor's agent of retrieving and paying in full all charges and fees for the pledged goods left with the pawnshop.

15. "Reportable transaction" means any transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, trade or consignment.

16. "Transaction date" means the initial date of the reportable transaction.
A.R.S. § 44-1524 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1524
44-1524 Powers of attorney general
Status: in_force

44-1524. Powers of attorney general

A. If the attorney general has reasonable cause to believe that a person has engaged in, is engaging in or is about to engage in any practice or transaction which is in violation of this article or order or assurance of discontinuance entered under this article, he may:

1. Require such person to file on such forms as he prescribes a statement or report in writing, under oath, as to all the facts and circumstances concerning the sale or advertisement of merchandise by such person, and such other data and information as he may deem necessary.

2. Examine under oath any person in connection with the sale or advertisement of any merchandise.

3. Examine any merchandise or sample thereof, or any record, book, document, account or paper as he may deem necessary.

4. Pursuant to an order of the superior court, impound any record, book, document, account, paper, or sample or merchandise material to such practice and retain the same in his possession until the completion of all proceedings undertaken under this article or in the courts.

B. This section does not prohibit the attorney general from investigation of violations of this article including requesting a person to respond to a complaint filed against him. A person cannot be compelled to comply with a request to respond to a complaint except in accordance with section 44-1527.
A.R.S. § 44-1797.01 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.01
44-1797.01 Bond; amount; copy; conflict of interest
Status: in_force

44-1797.01. Bond; amount; copy; conflict of interest

Each discount buying organization shall maintain a bond in the principal sum of thirty thousand dollars for each outlet of such discount buying organization where contracts for discount buying services are sold or orders for goods are taken. The bond shall be executed by the discount buying organization as principal and issued by a surety company admitted to do business in this state according to the provisions of title 20, chapter 6, article 8. The organization shall file the bond with the state treasurer. No control or beneficial interest may be held by the discount buying organization in the surety company and vice versa.
A.R.S. § 44-1707 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1707
44-1707 Credit service organization's breach of contract or obligation; violation of article
Status: in_force

44-1707. Credit service organization's breach of contract or obligation; violation of article

The credit services organization's breach of a contract under this article or of any obligation arising from the contract constitutes a violation of this article.
A.R.S. § 44-1772 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1772
44-1772 Art dealer and artist; relationship
Status: in_force

44-1772. Art dealer and artist; relationship

If an art dealer accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art:

1. The art dealer is, with respect to that work of fine art, the agent of the artist.

2. The work of fine art is trust property and the art dealer is trustee for the benefit of the artist until the work of fine art is sold to a bona fide third party or returned to the artist.

3. The proceeds of the sale of the work of fine art are trust property and the art dealer is trustee for the benefit of the artist until the amount due the artist from the sale is paid.

4. The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer's possession. The value of the work of fine art is, for the purpose of this section, the value established in a written agreement between the artist and art dealer prior to the loss or damage or, if no written agreement regarding the value of the work of fine art exists, the fair market value of the work of fine art.
A.R.S. § 44-1997 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1997
44-1997 False registration statement; liability
Status: in_force

44-1997. False registration statement; liability

A. If any part of the registration statement filed under any federal or Arizona securities laws relating to securities offered or sold within or from this state contained, at the time the part became effective, an untrue statement of a material fact or omitted to state a material fact required to be stated or necessary to make the statement not misleading, any person acquiring the securities may commence in any court or administrative forum of competent jurisdiction an action against any of the following persons unless it is proved that at the time of the acquisition the purchaser knew of the untruth or omission:

1. Every person who signed the registration statement.

2. Every person who was a director or person performing similar functions of the issuer or partner in the issuer at the time of the filing of the part of the registration statement.

3. Every person who consents to be and is named in the registration statement as being or about to become a director, person performing similar functions or partner.

4. Every accountant, engineer or appraiser or any person whose profession gives authority to a statement made by the person who with the person's consent has been named as having prepared or certified any part of the registration statement or as having prepared or certified any report or valuation that is used in connection with the registration statement, with respect to the statement in the registration statement, report or valuation, that purports to have been prepared or certified by the person.

5. Every underwriter with respect to the security.

B. If a person acquires the security after the issuer has made generally available to its security holders an earnings statement covering a period of at least twelve months beginning after the effective date of the registration statement, the right of recovery under subsection A is conditioned on proof that the person acquired the security relying on the untrue statement in the registration statement or relying on the registration statement and not knowing of the omission.  Reliance may be established without proof that the person read the registration statement.

C. No person other than the issuer is liable under subsections A and B who proves any of the following:

1. Before the effective date of the part of the registration statement for which liability is asserted the person both:

(a) Had resigned from or had taken steps permitted by law to resign from, or had ceased or refused to act in every office, capacity or relationship in which the person was described in the registration statement as acting or agreeing to act.

(b) Had advised the issuer and either the commission or the SEC in writing that the person had taken the action and that the person would not be responsible for that part of the registration statement.

2. If that part of the registration statement became effective without the person's knowledge, on becoming aware of that fact the person promptly acted and advised either the commission or the SEC, in accordance with paragraph 1 of this subsection and gave reasonable public notice that the part of the registration statement had become effective without the person's knowledge.

3. Regarding any part of the registration statement:

(a) Not purporting to be made on the authority of an expert and not purporting to be a copy of or extract from a report or valuation of an expert, and not purporting to be made on the authority of a public official document or statement, the person after reasonable investigation had reasonable grounds to believe and did believe at the time that part of the registration statement became effective, that the statements in that part of the registration statement were true and that there was no omission to state a material fact required to be stated or necessary to make the statements not misleading.

(b) Purporting to be made on the person's authority as an expert or purporting to be a copy of or extract from a report or valuation of the person as an expert either of the following:

(i) The person had after reasonable investigation reasonable grounds to believe and did believe at the time that part of the registration statement became effective that the statements contained in that part of the registration statement were true and that there was no omission to state a material fact required to be stated or necessary to make the statements not misleading.

(ii) That part of the registration statement did not fairly represent the person's statement as an expert or was not a fair copy of or extract from the person's report or valuation as an expert.

(c) Purporting to be made on the authority of another expert or purporting to be a copy of or extract from a report or valuation of another expert, the person had no reasonable grounds to believe and did not believe at the time that part of the registration statement became effective that the statements in that part of the registration statement were untrue or that there was an omission to state a material fact required to be stated or necessary to make the statements not misleading, or that part of the registration statement did not fairly represent the statement of the expert or was not a fair copy of or extract from the report or valuation of the expert.

(d) Purporting to be a statement made by an official or purporting to be a copy of or extract from a public official document, the person had no reasonable grounds to believe and did not believe at the time that part of the registration statement became effective that the statements were untrue or that there was an omission to state a material fact required to be stated or necessary to make the statements not misleading, or that part of the registration statement did not fairly represent the statement made by the official or was not a fair copy of or extract from the public official document.

D. In determining for the purposes of subsection C, paragraph 3 what constitutes reasonable investigation and reasonable grounds for belief, the standard of reasonableness is the standard required of a prudent person in the management of the person's own property.

E. If any person becomes an underwriter of the security after the part of the registration statement with respect to which the person's liability is asserted becomes effective, for the purposes of subsection C, paragraph 3 that part of the registration statement shall be considered effective with respect to the person as of the date the person became an underwriter.

F. If the defendant proves that any portion or all of the damages represents an amount other than the depreciation in value of the security resulting from the statement described in subsection A, the portion or all of the damages are not recoverable.  The action authorized under subsection A or B may be to recover the damages represented by the difference between the amount paid for the security, not to exceed the price at which the security was offered to the public, and any of the following:

1. The value of the security as of the time the action was brought.

2. The price at which the security was disposed of in the market before the action was brought.

3. The price at which the security was disposed of after the action but before judgment if the damages are less than they would be if determined under paragraph 1 of this subsection.

G. Unless the underwriter has knowingly received directly or indirectly from the issuer for acting as an underwriter some benefit in which all other underwriters similarly situated did not share in proportion to their respective interests in the underwriting, the underwriter is not liable in any action or as a consequence of an action brought under subsection A for damages greater than the total price at which the securities underwritten by the underwriter and distributed to the public were offered to the public.

H. In any action under this section the court may require an undertaking for the payment of the costs of the action, including reasonable attorney fees.  If judgment is rendered against a party on the motion of the other party, the costs may be assessed in favor of the party whether or not the undertaking has been required if the court believes the action or the defense to have been without merit, in an amount sufficient to reimburse the party for the reasonable expenses incurred by the party in connection with the action.  The costs awarded are taxable in the manner usually provided for taxing of costs in the court in which the action was heard.

I. Any or all of the persons specified in subsection A shall be jointly and severally liable.  Every person who becomes liable for any payment under this section may recover contribution from any person who, if sued separately, would have been liable for the same payment, unless the person who has become liable also is guilty of fraudulent misrepresentation under federal securities laws and the other person is not.

J. The amount recoverable under this section shall not exceed the price at which the security was offered to the public.
A.R.S. § 44-6806 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6806
44-6806 Collection practices
Status: in_force

44-6806. Collection practices

A. A lessor shall not engage in any unlawful or deceptive conduct or make any untrue or misleading statement in connection with the collection of any payment owed by a consumer or the repossession of any rental property.

B. All of the following apply to any communication by a lessor with any person other than the consumer for the purpose of acquiring information about the location of a consumer or of any rental property:

1. The lessor shall identify itself and state that the lessor is confirming or correcting location information concerning the consumer.

2. The lessor shall not communicate with any person more than once unless requested to do so by the person or unless the lessor reasonably believes that the earlier response is erroneous or incomplete and that the person now has correct or complete location information.

3. The lessor shall not communicate by postcard.

4. The lessor shall not use any language or symbol on any envelope or in the contents of any communication that indicates that the communication relates to the collection of any payment or the recovery or repossession of rental property.

5. The lessor shall not communicate with any person other than the consumer's attorney after the lessor knows the consumer is represented by an attorney and has knowledge of, or can readily ascertain, the attorney's name and address, unless the attorney fails to respond within a reasonable period of time to communication from the lessor or unless the attorney consents to direct communication with the consumer.

C. Without the prior consent of the consumer given directly to the lessor or the express permission of a court of competent jurisdiction, a lessor shall not communicate with a consumer in connection with the collection of any payment or the recovery or repossession of rental property at any of the following:

1. The consumer's place of employment.

2. Any unusual time or place or a time or place known or that should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a lessor shall assume that the convenient time for communication with a consumer is after 8:00 a.m. and before 9:00 p.m., local time, at the consumer's location.

D. A lessor shall not communicate, in connection with the collection of money or repossession of property under a rental-purchase agreement, with any person other than the consumer, the consumer's attorney or the lessor's attorney, except to the extent the communication is any of the following:

1. Reasonably necessary to acquire location information concerning the consumer or the rental property as provided in subsection B.

2. On the prior consent of the consumer given directly to the lessor.

3. On the express permission of a court of competent jurisdiction.

4. Reasonably necessary to effectuate a postjudgment judicial remedy.

E. If a consumer notifies the lessor in writing that the consumer wishes the lessor to cease further communication with the consumer, the lessor shall not communicate further with the consumer with respect to the rental-purchase agreement, except for any of the following:

1. To advise the consumer that the lessor's further efforts are being terminated.

2. To notify the consumer that the lessor may invoke specified remedies allowable by law that are ordinarily invoked by the lessor.

3. If necessary to effectuate any postjudgment judicial remedy.

F. A lessor shall not harass, oppress or abuse any person in connection with a rental-purchase agreement, including engaging in any of the following conduct:

1. Using or threatening the use of violence or any criminal means to harm the physical person, reputation or property of any person.

2. Using obscene, profane or abusive language.

3. Causing a telephone to ring, or engaging any person in a telephone conversation, repeatedly or continuously with intent to annoy, abuse or harass any person.

4. Placing telephone calls without disclosure of the caller's identity.

G. A lessor shall not report any late payment, default or repossession to a consumer reporting agency, if the lessor either:

1. Advertises "no credit check" or otherwise states or implies that no inquiry will be made of a consumer credit history or creditworthiness.

2. Does not obtain a consumer credit report or investigative consumer report on a person before entering into a rental-purchase agreement with that person.
A.R.S. § 44-1799 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799
44-1799 Definitions
Status: in_force

44-1799. Definitions

In this chapter, unless the context otherwise requires:

1. "Clinically ill" means an illness that is apparent to a veterinarian based on the veterinarian's observation, examination or testing of an animal or on a review of the animal's medical records.

2. "Nonelective surgical procedure" means a surgical procedure that is necessary according to commonly accepted standards of veterinary medicine to preserve or restore the health of the cat or dog, to prevent the animal from experiencing pain or discomfort or to correct a condition that would interfere with the cat's or dog's ability to walk, run or jump or to otherwise function in a normal manner.

3. "Pet dealer" means a person who owns a pet store.

4. "Pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets. Pet store does not mean a publicly operated pound or a private, charitable not-for-profit humane society or any animal adoption activity that a pound or humane society conducts off site at any pet store or other commercial enterprise.

5. "Purchaser" means a person who purchases any cat or dog without intent to resell.
A.R.S. § 44-6707 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6707
44-6707 Death of equipment dealer; definition
Status: in_force

44-6707. Death of equipment dealer; definition

A. If an equipment dealer dies or becomes incapacitated, the supplier shall repurchase the inventory from the estate pursuant to the inventory repurchase provisions of section 44-6705 as if the supplier had terminated the dealer agreement. The guardian, the executor or, if the dealer died intestate, the heirs have six months from the date of the dealer's incapacity or death to submit inventory for repurchase.

B. This section does not require a supplier to repurchase inventory if the supplier and a dealer's family member have entered into a new dealer agreement.

C. This section does not entitle a guardian, heir or personal representative of an incapacitated or deceased dealer to operate a dealership for more than six months after the dealer's incapacity or death.

D. This section is supplemental to an agreement between the dealer and the supplier that covers the return of equipment, attachments and repair parts.

E. This section does not limit the right of a supplier to charge back to the dealer's account amounts previously paid or credited as a discount pertaining to the equipment dealer's purchase of inventory.

F. For the purposes of this section, "dealer" means an owner, an equal or majority partner or the majority stockholder of a corporation who operates as an equipment dealer.
A.R.S. § 44-1442 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1442
44-1442 Registrability
Status: in_force

44-1442. Registrability

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:

1. Consists of or comprises immoral, deceptive or scandalous matter.

2. Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.

3. Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof.

4. Consists of or comprises the name, signature or portrait of any living individual, except with his written consent.

5. Consists of a mark which:

(a) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them.

(b) When used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them.

(c) Is primarily merely a surname, but nothing in this paragraph shall prevent the registration of a mark which has become distinctive of the applicant's goods or services in this state. The secretary of state may accept as prima facie evidence that a mark has become distinctive of the applicant's goods in this state proof of substantially exclusive and continuous use of such mark in this state by the applicant during the five-year period preceding the execution of the application for registration.

6. Consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned, and that when applied to the goods or services of the applicant, is likely to cause confusion or mistake or to deceive.
A.R.S. § 44-1848 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1848
44-1848 Registration of dealers and salesmen dealing with certain exempt securities or engaging in certain exempt transactions; exemptions
Status: in_force

44-1848. Registration of dealers and salesmen dealing with certain exempt securities or engaging in certain exempt transactions; exemptions

A. A dealer or salesman who engages in transactions involving variable contracts, which are exempt under section 44-1843, subsection A, paragraph 4, must register with the commission pursuant to article 9 of this chapter.

B. Notwithstanding any other law, the commission may by rule require that any dealer or salesman who engages in transactions involving securities exempt under section 44-1843, subsection A, paragraph 1, 7 or 9, who engages in transactions involving securities issued by a nonprofit organization which is engaged in, intends to engage in, controls, finances, or lends funds or property to other entities engaged in the construction, operation, maintenance or management of a hospital, sanitarium, rest home, clinic, medical hotel, mortuary, cemetery, mausoleum or other similar facilities or who engages in transactions described in section 44-1844, subsection A, paragraph 1, 4, 11 or 18 or section 44-1845 shall be registered under article 9 of this chapter.

C. Any rule adopted pursuant to this section shall require registration of a dealer or salesman engaged in transactions described in section 44-1844, subsection A, paragraph 1 only if such dealer or salesman is engaged principally and primarily in the business of making a series of private offerings.  For the purposes of this subsection, "series" means in excess of four private offerings in any consecutive twelve-month period.

D. Subsection B of this section does not apply to transactions involving the following securities:

1. Securities issued by those financial institutions and enterprises licensed and regulated pursuant to title 6.

2. Stock and stock options issued pursuant to an employee stock option plan.

3. Promissory notes issued in the normal course of business.

4. Securities issued to corporations not formed for the purpose of evasion of this section.

5. Securities issued in exchange for all or substantially all of the capital stock of another corporation.

6. Such other securities transactions as the commission may exempt by rule.
A.R.S. § 44-1046 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1046
44-1046 Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement
Status: in_force

44-1046. Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement

A. When the assignee has fully performed the duties of his trust and desires to be finally discharged therefrom, he shall make a report of his proceedings under the assignment. The report shall be under oath and shall set forth the money and assets which came into his possession, and how such assets were disbursed and disposed of. The assignee shall file the report in the office of the clerk of the superior court having jurisdiction of the insolvent estate.

B. A hearing shall be held on the report after notice to each known creditor, which shall be mailed at least ten days before the hearing. Approval of the report by the court shall be conclusive in favor of the assignee to the same extent as approval of a report in the case of any other trust.

C. When the trust is fully executed, the assignee may be discharged. Any monies or funds of the insolvent estate in the possession of the assignee at final settlement shall be deposited in the superior court subject to the judgment of the court.
A.R.S. § 44-2033 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2033
44-2033 Burden of proof of exemptions
Status: in_force

44-2033. Burden of proof of exemptions

In any action, civil or criminal, when a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of the exemption shall be upon the party raising the defense, and it shall not be necessary to negative the exemption in any petition, complaint, information or indictment, laid or brought in any proceeding under this chapter.
A.R.S. § 44-7034 — Arizona Code / Title 44 / Chapter 26 / Article 2 / Section 7034
44-7034 Electronic notarization; acknowledgment
Status: in_force

44-7034. Electronic notarization; acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if all of the following are true:

1. A secure electronic signature of the individual who is authorized to perform those acts and all other information that is required to be included pursuant to any other applicable law are applied to a secure electronic record.

2. The secure electronic record has a time stamp token that is both:

(a) Created by a party recognized by the secretary of state.

(b) In a form that is accepted by the secretary of state to do all of the following:

(i) Reasonably verify the validity of the signing party's secure electronic signature.

(ii) Reasonably establish the time of signing.

3. The secure electronic record cannot be altered without invalidating the time stamp token.
A.R.S. § 44-1566 — Arizona Code / Title 44 / Chapter 10 / Article 9 / Section 1566
44-1566 Franchise termination
Status: in_force

44-1566. Franchise termination

A supplier of beer or wholesaler of beer shall not fail to act in good faith in performing or complying with any terms, provisions or condition of the franchise or in terminating, canceling or not renewing a franchise.  Any termination, cancellation or failure to renew shall be done in good faith and for good cause.
A.R.S. § 44-7201 — Arizona Code / Title 44 / Chapter 29 / Article 1 / Section 7201
44-7201 Definitions
Status: in_force

44-7201. Definitions

In this chapter, unless the context otherwise requires:

1. "Bot":

(a) Means any automated software program that performs automatic and repetitive tasks and that is designed to impersonate or replicate human activity online.

(b) Does not include autofill or password management features built into an internet browser or provided through separate software.

2. "Event" means a concert, theatrical performance, sporting event, exhibition, show or similar scheduled activity that meets all of the following:

(a) Is open to the public.

(b) Is held in a public or private venue.

(c) Requires payment of an admission fee to attend the event.

3. "Ticket" means a physical or electronic certificate, voucher, document, token or other evidence of a right for admission to enter a place of entertainment for one or more events at one or more specified dates and times.
A.R.S. § 44-6001 — Arizona Code / Title 44 / Chapter 17 / Article 1 / Section 6001
44-6001 Definitions
Status: in_force

44-6001. Definitions

In this chapter, unless the context otherwise requires:

1. "Cash sale price" means the price stated in a retail installment contract or other memorandum furnished by a retail seller to a retail buyer in connection with a retail charge account agreement, for which the seller would have sold and the buyer would have bought the goods or services which are the subject matter of a retail installment transaction, if the sale had been a sale for cash. The cash sale price may include any taxes and charges for delivery, installation, servicing, repairs, alterations or improvements.

2. "Finance charge" means the amount payable by the buyer for the privilege of purchasing goods or services under a retail installment transaction. It does not include the amount, if any, charged for insurance premiums, delinquency charges, attorneys' fees, court costs or official fees.

3. "Goods" means all tangible chattels, except motor vehicles, money, things in action or intangible personal property other than merchandise certificates or coupons as described in this chapter. The term includes chattels which are to be affixed to real property as to become a part of it whether or not severable from it and merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in the face amount instead of cash for goods or services sold by such seller.

4. "Holder" means:

(a) The retail seller of goods or services under a retail installment contract or retail charge account agreement.

(b) A person to whom a retail buyer owes an obligation arising from a retail installment transaction, whether directly or by assignment or other transfer.

(c) Any person entitled to the rights of a retail seller under a retail installment contract or retail charge account agreement.

5. "Motor vehicle" means any self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway, except:

(a) Devices which move upon or are guided by a track or travel through the air.

(b) The following, if not designed primarily for highway transportation, but which may incidentally be operated on a public highway:

(i) Tractors.

(ii) Buses.

(iii) Trucks.

(iv) Power shovels.

(v) Road machinery.

(vi) Agricultural machinery.

6. "Official fees" means:

(a) The amount of the fees prescribed by law for filing, recording or otherwise perfecting and releasing or satisfying a retained title, lien or other security interest created by a retail installment transaction.

(b) The premium for insurance in lieu of perfecting a security interest to the extent that the premium does not exceed the amount described in subdivision (a) of this paragraph that otherwise would be payable.

7. "Principal balance" means the cash sale price of the goods or services which are the subject matter of a retail installment contract plus any amounts included, if a separate identified charge is made and stated in the contract, for insurance and official fees, less the amount of the buyer's down payment in money or goods, or both.

8. "Retail buyer" or "buyer" means a person who buys goods or services from a retail seller.

9. "Retail charge account agreement" means an arrangement prescribing the terms of retail installment transactions which may be made from time to time in which a retail buyer purchases goods or services and in which a finance charge or delinquency charge may be computed in relation to the buyer's balance in the account.

10. "Retail installment contract" means an arrangement for a retail installment transaction except a retail charge account agreement or memorandum reflecting a sale made pursuant to such agreement. "Retail installment contract" may include a chattel mortgage, a conditional sale contract, any security agreement or any contract in the form of a bailment or lease if the bailee or lessee contracts to pay as compensation for the use of the bailed or leased goods a sum substantially equivalent to or in excess of the value of the goods and if it is agreed that the bailee or lessee is bound to or has the option of becoming the owner of the goods for no other or a nominal consideration upon full compliance with the provisions of the bailment or lease.

11. "Retail installment transaction" means any transaction in which a retail buyer purchases goods or services, excluding services purchased in connection with a lease, from a retail seller pursuant to a retail installment contract or a retail charge account agreement and under which the buyer agrees to pay for the goods and services in more than four installments or for which the payment of a finance charge may be required.

12. "Retail seller" or "seller" means a person regularly and principally engaged in the business of selling goods or services to retail buyers.

13. "Services" means work, labor, or services of any kind.
A.R.S. § 44-1265 — Arizona Code / Title 44 / Chapter 9 / Article 5 / Section 1265
44-1265 Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees
Status: in_force

44-1265. Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees

A. If a manufacturer has established or participates in an informal dispute settlement procedure which complies in all respects with 16 Code of Federal Regulations part 703, section 44-1263 relating to refunds or replacement does not apply to any consumer who has not first resorted to such a procedure.

B. A consumer shall begin an action under this article within six months following the earlier of expiration of the express warranty term or two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier. If a consumer prevails in an action under this article, the court shall award the consumer reasonable costs and attorney fees.
A.R.S. § 44-1822 — Arizona Code / Title 44 / Chapter 12 / Article 3 / Section 1822
44-1822 Investigations
Status: in_force

44-1822. Investigations

The commission, the director or other agent or agents designated by the commission may make such public or private investigations within or outside of this state as the commission deems necessary to determine whether any person has violated or is about to violate any provisions of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter, or to aid in prescribing rules and forms hereunder, and may at any time either prior to or subsequent to the registration of any securities or any dealer or salesman, investigate and examine into the affairs of any person issuing or dealing in or selling or buying or intending to issue, deal in or sell or buy securities or into the affairs of any person when the commission believes that such person is or may be issuing or dealing in or selling or buying securities.
A.R.S. § 44-1698.02 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1698.02
44-1698.02 Security freezes; credit reports; protected person; fee prohibited; definitions
Status: in_force

44-1698.02. Security freezes; credit reports; protected person; fee prohibited; definitions

A. A consumer reporting agency shall place a security freeze on a protected person's record or credit report if both of the following apply:

1. The consumer reporting agency receives a request from the protected person's representative for the placement of the security freeze.

2. The protected person's representative does all of the following:

(a) Submits the request to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.

(b) Provides to the consumer reporting agency sufficient proof of identification of the protected person and the representative.

(c) Provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected person.

B. If a consumer reporting agency does not have a file pertaining to a protected person when the consumer reporting agency receives a request pursuant to subsection A, paragraph 1 of this section, the consumer reporting agency shall create a record for the protected person.

C. Within thirty days after receiving a request pursuant to this section, a consumer reporting agency shall place a security freeze on the protected person's record or credit report.

D. Unless a security freeze is removed pursuant to subsection F or I of this section, a consumer reporting agency may not release the protected person's credit report, any information derived from the protected person's credit report or any record created for the protected person.

E. A security freeze that is placed on a protected person's record or credit report under this section remains in effect until either:

1. The protected person or the protected person's representative requests that the consumer reporting agency remove the security freeze pursuant to subsection F of this section.

2. The security freeze is removed pursuant to subsection I of this section.

F. To remove a security freeze for a protected person, the protected person or the protected person's representative shall submit a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact and in the manner specified by the consumer reporting agency.  In addition:

1. If the protected person requested the removal of the security freeze, the protected person shall provide to the consumer reporting agency either of the following:

(a) Proof that the protected person's representative no longer has sufficient proof of authority to act on behalf of the protected person.

(b) Sufficient proof of identification of the protected person.

2. If the protected person's representative requested the removal of the security freeze on behalf of the protected person, the protected person's representative shall provide to the consumer reporting agency both of the following:

(a) Sufficient proof of identification of the protected person and the representative.

(b) Sufficient proof of authority to act on behalf of the protected person.

G. Within thirty days after receiving a request to remove a security freeze placed pursuant to subsection A of this section, the consumer reporting agency shall remove the security freeze for the protected person.

H. A consumer reporting agency may not charge a fee for each placement or removal of a security freeze on a protected person's record or credit report.

I. A consumer reporting agency may remove a security freeze for a protected person or may delete a protected person's record if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected person or the protected person's representative.

J. An act or practice in violation of this section is an unlawful practice under section 44-1522 and is subject to enforcement through a private action and by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.  The remedies provided in this section are not intended to be the exclusive remedies available to a protected person.

K. This section does not apply to the use of a protected person's credit report or record by any of the following:

1. A person administering a credit file monitoring subscription service to which either:

(a) The protected person has subscribed.

(b) The protected person's representative has subscribed on behalf of the protected person.

2. A person providing the protected person or the protected person's representative with a copy of the protected person's credit report on the request of the protected person or the protected person's representative.

3. A check services or fraud prevention services company that issues either:

(a) Reports on incidents of fraud.

(b) Authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar payment methods.

4. A deposit account information service company that issues reports relating to account closures due to fraud, substantial overdrafts, automated teller machine abuse or similar negative information about a protected person to inquiring banks or other financial institutions for use only in reviewing a protected person's request for a deposit account at the inquiring bank or financial institution.

5. An insurance company for the purpose of conducting its ordinary business.

6. A consumer reporting agency that both:

(a) Acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency.

(b) Does not maintain a permanent database of credit information from which new credit reports are produced.

7. A consumer reporting agency's database or file that consists of information concerning and used for one or more of the following, but not for credit granting, purposes:

(a) Criminal record information.

(b) Fraud prevention or detection.

(c) Personal loss history information.

(d) Employment, tenant or individual background screening.

8. A governmental entity when carrying out its duties.

9. A person, a subsidiary, affiliate, agent or subcontractor of that person, an assignee of a financial obligation owed by the protected person to that person or a prospective assignee of a financial obligation owed by the protected person to that person in conjunction with the proposed purchase of the financial obligation with which the protected person has or had before assignment an account or contract, including a demand deposit account, or to whom the protected person issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract or negotiable instrument. For the purposes of this paragraph, "reviewing the account" includes activities that are related to account maintenance, monitoring, credit line increases and account upgrades and enhancements.

L. For the purposes of this section:

1. "Protected person" means an individual who is under sixteen years of age at the time a request for the placement of a security freeze is made or who is an incapacitated person or a protected person for whom a guardian or conservator has been appointed.

2. "Record" means a compilation of information to which all of the following apply:

(a) The record identifies a protected person.

(b) The record is created by a consumer reporting agency solely for the purpose of complying with this section.

(c) The record is not created or used to consider the protected person's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living.

3. "Representative" means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected person.

4. "Security freeze" means:

(a) If a consumer reporting agency does not have a file pertaining to a protected person, a restriction that is placed on the protected person's record and that prohibits the consumer reporting agency from releasing the protected person's record.

(b) If a consumer reporting agency has a file pertaining to the protected person, a restriction that is placed on the protected person's credit report and that prohibits the consumer reporting agency from releasing the protected person's credit report or any information derived from the protected person's credit report.

5. "Sufficient proof of authority" means documentation that shows a representative has authority to act on behalf of a protected person and includes:

(a) A court order.

(b) A lawfully executed and valid power of attorney.

(c) A written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected person.

6. "Sufficient proof of identification" means information or documentation that identifies a protected person or a representative of a protected person and includes:

(a) A social security number or a social security card issued by the social security administration.

(b) A certified or official copy of a birth certificate issued by the department of health services.

(c) A driver license or a nonoperating identification license issued by the department of transportation pursuant to title 28, chapter 8 or any other government issued identification.
A.R.S. § 44-1231.01 — Arizona Code / Title 44 / Chapter 9 / Article 2.1 / Section 1231.01
44-1231.01 Unlawful acts
Status: in_force

44-1231.01. Unlawful acts

It is unlawful for any person to knowingly do any of the following:

1. Sell or offer for sale any products represented to be authentic Indian arts and crafts unless the products are in fact authentic Indian arts and crafts.

2. Sell or offer for sale any authentic Indian arts and crafts represented to be of silver or nonauthentic Indian arts and crafts represented to be of silver unless the products are made of coin silver or sterling silver.

3. Sell or offer for sale nonauthentic Indian arts and crafts unless the nonauthentic Indian arts and crafts are clearly labeled as to any characteristics which make them nonauthentic.

4. Sell or offer for sale any unnatural turquoise, mounted or unmounted, without a written disclosure of whether the turquoise is stabilized, treated, reconstituted or synthetic.

5. Sell or offer to sell reconstituted turquoise or synthetic turquoise unless the turquoise is clearly labeled as synthetic turquoise.

6. Engage in any false, misleading or deceptive advertising or any unconscionable trade practice regarding Indian arts or crafts. In this paragraph "unconscionable trade practice" means any act or practice in connection with the sale or offering for sale of Indian arts or crafts to a person which to the person's detriment takes advantage of the person's lack of knowledge, ability, experience or capacity to a grossly unfair degree or results in a gross disparity between the value received by the person and the price paid.
A.R.S. § 44-143 — Arizona Code / Title 44 / Chapter 1 / Article 4 / Section 143
44-143 Formal requirements for and limitations upon confession of judgment under power of attorney
Status: in_force

44-143. Formal requirements for and limitations upon confession of judgment under power of attorney

Judgment by confession shall not be entered upon a note, bond or other instrument in writing for the payment of money under the authority of a power of attorney to confess judgment thereon, unless such authority is executed and acknowledged on a day subsequent to the date on which the indebtedness to be confessed became due and payable.
A.R.S. § 44-1842 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1842
44-1842 Transactions by unregistered dealers and salesmen prohibited; classification
Status: in_force

44-1842. Transactions by unregistered dealers and salesmen prohibited; classification

A. It is unlawful for any dealer to sell or purchase or offer to sell or buy any securities, or for any salesman to sell or offer for sale any securities within or from this state unless the dealer or salesman is registered as such pursuant to the provisions of article 9 of this chapter.

B. A person violating this section is guilty of a class 4 felony.
A.R.S. § 44-1799.81 — Arizona Code / Title 44 / Chapter 11 / Article 24 / Section 1799.81
44-1799.81 Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition
Status: in_force

44-1799.81. Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition

A. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall not purchase five or more plastic bulk merchandise containers that are marked with a company name or logo or ten or more wood bulk merchandise containers from any other person at one time, unless the person does both of the following:

1. Obtains from the person selling the containers a record that contains:

(a) The name, address and telephone number of the seller or the seller's authorized representative.

(b) A description of the containers, including the number of the containers to be purchased.

(c) The date of the transaction.

(d) The license plate number of any vehicle used in the delivery of the bulk merchandise containers.

2. Verifies and records the identity of the person selling the containers or representing the seller from a driver license or other government issued identification card that includes the person's photograph.

B. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall retain the record obtained pursuant to subsection A for one year after the date the containers are purchased or delivered, whichever is later.

C. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall not use an artifice to avoid the requirements of this section, including documenting purchases from the same person on the same day as multiple transactions.

D. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall be open during business hours for reasonable inspection by a peace officer. Before an inspection takes place a peace officer shall first identify himself and the purpose for the inspection to the business, the business's manager or any other responsible person and comply with all reasonable and customary safety requirements of that business for the premises inspected.  The business may require the peace officer to sign an inspection log that includes the officer's name and serial or badge number, agency and the time, the date and the purpose for the inspection.

E. In addition to the penalties imposed under subsection F, a person who violates:

1. Subsection A or B shall pay a civil penalty of up to ten thousand dollars for each violation.

2. Subsection C shall pay a civil penalty of up to thirty thousand dollars for each violation.

F. A violation of this section is:

1. A class 2 misdemeanor if the total purchase price of the plastic or wood bulk merchandise containers is one thousand dollars or more, except that a second or subsequent violation involving a total purchase price of one thousand dollars or more is a class 1 misdemeanor.

2. A petty offense if the total purchase price of the plastic or wood bulk merchandise containers is less than one thousand dollars, except that a second or subsequent violation involving a total purchase price of less than one thousand dollars is a class 2 misdemeanor.

G. For the purposes of this section, "bulk merchandise container" means a plastic or wooden carrier or holder used by a manufacturer or distributor to transport merchandise to wholesale and retail outlets.
A.R.S. § 44-6813 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6813
44-6813 Assignment of a rental-purchase agreement
Status: in_force

44-6813. Assignment of a rental-purchase agreement

If a lessor assigns or transfers a rental-purchase agreement to a third party, all of the consumer's rights created by the rental-purchase agreement and this chapter are preserved.
A.R.S. § 44-1327 — Arizona Code / Title 44 / Chapter 9 / Article 9 / Section 1327
44-1327 Report to the department of public safety; exemption; violation; classification
Status: in_force

44-1327. Report to the department of public safety; exemption; violation; classification

A. Within twenty-four hours of receipt of lead acid batteries, except from an industrial account or a used automotive components dealer, for which a record is required to be kept by section 44-1325, a used automotive components dealer shall electronically submit to the department of public safety a record of the receipt of lead acid batteries. The record shall include the following information:

1. The date, time and place of the transaction.

2. An identifying description of the specific lead acid batteries received including the amount of the transaction or other consideration given.

3. A description of the person delivering the lead acid batteries to the used automotive components dealer including the person's gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.

4. The number and state of issuance of the license on the vehicle used to deliver the lead acid batteries.

B. The department of public safety shall establish by rule electronic submission standards.  The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the used automotive components dealer industry in this state in a manner that will allow the information to be electronically merged with the department of public safety's database. A used automotive components dealer that submits information to the department of public safety pursuant to this section shall not be required to submit the same information to a local law enforcement agency.

C. The department of public safety shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.

D. For transactions with a value over one hundred dollars, a used automotive components dealer shall hold in its custody in the same size, shape and condition in which the lead acid battery was received on its business premises any lead acid batteries received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.

E. Subsection D of this section does not apply to transactions with industrial accounts or lead acid batteries authorized for release by a peace officer of that jurisdiction.

F. A person who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.
A.R.S. § 44-1208 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1208
44-1208 Loans secured by real estate; prohibited practices; insurance
Status: in_force

44-1208. Loans secured by real estate; prohibited practices; insurance

Except for consumer lender loans regulated pursuant to section 6-636, for any loan that is secured by real property, a person shall not require as a condition of the loan that the borrower obtain property insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer.
A.R.S. § 44-2017 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2017
44-2017 Compensation of conservators and other personnel
Status: in_force

44-2017. Compensation of conservators and other personnel

A conservator may incur expenses and employ engineers, accountants, attorneys or other persons in connection with his duties as the court approves. The compensation of the conservator and personnel appointed shall be fixed by the court and paid from assets in possession of the conservator.
A.R.S. § 44-1823 — Arizona Code / Title 44 / Chapter 12 / Article 3 / Section 1823
44-1823 Power to require testimony and production of records; order of nondisclosure
Status: in_force

44-1823. Power to require testimony and production of records; order of nondisclosure

A. For the purpose of investigations or hearings which, in the opinion of the commission, are necessary and proper for the enforcement of this chapter, any member of the commission, the director or any officer or officers designated by the commission may administer oaths and affirmations, subpoena witnesses, take evidence and require by subpoena duces tecum or by citation the production of books, papers, contracts, agreements or other documents, records or information, whether filed or kept in original form or electronically stored or recorded which the commission deems relevant or material to the inquiry.

B. The commission may issue and apply to enforce a subpoena in this state at the request of a securities agency or administrator of another state if the activities constituting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state.

C. In connection with the power to enforce the production of evidence by subpoena vested in the commission by article XV of the Constitution of Arizona and the commission's power to conduct private investigations pursuant to section 44-1822, the commission has the authority to order a financial institution not to disclose the existence or content of the subpoena to persons not affiliated with the financial institution other than to the financial institution's legal counsel.  The commission shall exercise such power if the commission finds it necessary or appropriate in the public interest or for the protection of investors.
A.R.S. § 44-7016 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7016
44-7016 Transferable records; definition
Status: in_force

44-7016. Transferable records; definition

A. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

B. A system complies with subsection A and a person has control of a transferable record if the transferable record is created, stored and assigned in such a manner that all of the following are true:

1. A single authoritative copy of the transferable record exists that is unique, identifiable and, except as otherwise provided in paragraphs 4, 5 and 6 of this subsection, unalterable.

2. The authoritative copy identifies the person asserting control as either:

(a) The person to which the transferable record was issued.

(b) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred.

3. The authoritative copy is communicated to and maintained by the person asserting control or the person's designated custodian.

4. Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control.

5. Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy.

6. Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

C. Except as otherwise agreed, a person that has control of a transferable record is the holder as defined in section 47-1201 of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing pursuant to title 47 including, if the applicable requirements under section 47-3302, subsection A or section 47-7501 or 47-9308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated or a purchaser, respectively.  Delivery, possession and indorsement are not required to obtain or exercise any of the rights under this subsection.

D. Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under title 47.

E. If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record.  Proof may include access to the authoritative copy of the transferable record and related business records that are sufficient to review the terms of the transferable record and to establish the identity of the person that has control of the transferable record.

F. For the purposes of this section, "transferable record" means an electronic record that both:

1. Would be a note pursuant to title 47, chapter 3 or a document pursuant to title 47, chapter 7 if the electronic record were in writing.

2. The issuer has expressly agreed the electronic record is a transferable record.
A.R.S. § 44-1948 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1948
44-1948 Reporting requirements of dealers and salesmen; real property records
Status: in_force

44-1948. Reporting requirements of dealers and salesmen; real property records

A. Dealers and salesmen shall retain registration by filing:

1. A supplemental statement showing changes in the facts set forth in the original application for registration as supplemented or amended as such changes occur or within ninety days after the change.

2. In the case of a dealer that is registered under the securities exchange act of 1934 and to the extent requested by the commission, any financial information that is required to be provided to the SEC or its designee under the securities exchange act of 1934.  The dealer shall simultaneously file the same financial information with the commission.

3. In the case of a dealer that is not registered under the securities exchange act of 1934, annually and within ninety days of the audit report date, the audit report of an independent certified public accountant, together with a balance sheet and related statements of income or operations, stockholders' equity or retained earnings and cash flows that reflect the dealer’s financial position, the results of operations and cash flows prepared in conformity with generally accepted accounting principles and examined in accordance with generally accepted auditing standards.

B. Dealers shall maintain files in connection with transactions involving real property investment contracts that include listings, deposit receipts, cancelled checks, copies of contracts, agreements and sellers' statements, documents concerning appraisals and credit investigations and all other correspondence relating to the purchase and sale of real property investment contracts.  Dealers shall maintain books, records and accounts in conformity with generally accepted accounting principles, showing the receipt and disbursement of funds received by dealers and salesmen in connection with the purchase and sale of real property investment contracts.  Dealers shall maintain files and records relating to transactions involving real property investment contracts for five years from the date the registration expires. The files and records are subject to inspection at all times by authorized representatives of the commission.
A.R.S. § 44-1813 — Arizona Code / Title 44 / Chapter 12 / Article 2 / Section 1813
44-1813 Employment of personnel; criminal records check
Status: in_force

44-1813. Employment of personnel; criminal records check

A. The director, with the approval of the commission, may employ from time to time examiners, investigators who are commissioned peace officers, clerical employees and other officers and employees necessary for the administration of this chapter, and regulatory officers and employees who are members of the state bar of Arizona who shall be paid at the same rate as the rate established by the department of administration for attorneys, and who shall perform the duties the director requires.

B. The director may obtain criminal history record information regarding applicants for employment for the purpose of hiring personnel. Before making a final offer of employment, the director shall require the preferred applicants to submit a full set of fingerprints.  The director shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. The director shall not disclose information obtained pursuant to subsection B of this section except to the director's or the commission's staff solely for the purpose of the director's employment of the applicant.
A.R.S. § 44-293 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 293
44-293 Motor vehicle; refinancing retail installment contract
Status: in_force

44-293. Motor vehicle; refinancing retail installment contract

A. The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments, defer payment or payments, renew or restate the unpaid time balance of such contract, the amount of the installments and the time schedule therefor and may collect for such extension, deferment, renewal or restatement a refinance charge computed at the discretion of the holder as provided in subsection B of this section.

B. If the unpaid time balance of the contract is extended, deferred, renewed or restated, the holder may compute the refinance charge on such amount by adding to the unpaid balance the cost for insurance and other benefits incidental to the refinancing plus any accrued delinquency and collection charges, and deducting any refund which may be due the buyer by prepayment pursuant to section 44-291, for unearned finance charges specified by the contract and by reclassifying the motor vehicle by its then year model, for the term of the refinancing agreement, but otherwise subject to the provisions of this article governing computation of the original finance charge. The provisions of this article governing the minimum finance charge under the refund schedule shall apply in calculating refinance charges on the contract renewed under this method of computation.
A.R.S. § 44-1799.21 — Arizona Code / Title 44 / Chapter 11 / Article 18 / Section 1799.21
44-1799.21 Casket sales; price disclosure; definition
Status: in_force

44-1799.21. Casket sales; price disclosure; definition

A. A person offering caskets for sale to the public shall provide accurate price information to potential purchasers of caskets as follows:

1. The person offering caskets for sale shall provide accurate casket retail price information to any person who telephones for casket price information. If a person requests a casket price list by telephone, the person offering caskets for sale shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than two dollars.

2. The person offering caskets for sale shall provide a written or printed casket price list for retention to each person who personally inquires about casket prices. The person offering caskets for sale shall offer the inquiring person the casket price list on beginning a discussion regarding the selection of a casket. The person offering caskets for sale shall not show any caskets to a potential purchaser before offering the written or printed price list. The price list shall state the effective date of the list.

B. The person who sells a casket shall deliver the casket to the purchaser or designee at the time of sale.

C. If a person offering caskets for sale to the public does not make the disclosures required by this section to a customer, any contract for the purchase of a casket executed by the person offering caskets for sale and the customer is not enforceable against that customer.

D. For the purposes of this section, "casket" means a rigid container that is designed for the permanent encasement of human remains and that is usually constructed of wood, metal or man-made substances and ornamented or lined with fabric.
A.R.S. § 44-1899 — Arizona Code / Title 44 / Chapter 12 / Article 7 / Section 1899
44-1899 Renewal of registration by qualification
Status: in_force

44-1899. Renewal of registration by qualification

Registration by qualification under this article shall be effective for a period of one year and may be renewed for additional periods of one year by filing, by a date not later than fifteen days prior to expiration of the registration, of a prospectus meeting the requirements of section 44-1894 or 44-1901 and containing information as of a date not more than ninety days before the date of filing, together with the payment of a fee computed pursuant to section 44-1892, paragraph 3.
A.R.S. § 44-7043 — Arizona Code / Title 44 / Chapter 26 / Article 3 / Section 7043
44-7043 Interoperability
Status: in_force

44-7043. Interoperability

Technology standards adopted by the governmental information technology agency, electronic signature use policies adopted by the secretary of state or any other similar standards adopted by any other governmental agency pursuant to section 44-7042 shall encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies, other states, the federal government and nongovernmental persons that interact with governmental agencies.  If deemed appropriate by the entity adopting the standards, the standards may allow for differing levels of standards from which governmental agencies may choose in implementing the most appropriate standard for a particular application.
A.R.S. § 44-6952 — Arizona Code / Title 44 / Chapter 25 / Article 1 / Section 6952
44-6952 Senior residential entrance fee contracts; provider registration; registration fee
Status: in_force

44-6952. Senior residential entrance fee contracts; provider registration; registration fee

A. Before a provider solicits, enters into or extends the term of a senior residential entrance fee contract the provider shall register with the department on a form prescribed by the department.  The form shall include at least the following information:

1. The name of the provider.

2. The name, business address and business telephone number of each person holding at least a ten per cent ownership interest in the provider.

3. The business address, telephone number and fax number of the provider.

4. The mailing and street addresses for each of the provider's facilities.

5. The name, business address and business telephone number of the chief administrator for each facility.

6. The fiscal year-end date for the provider.

B. The director shall charge each provider a registration fee.  The provider shall submit the registration form and fee to the department together with a copy of the provider's most recent audited financial report and a copy of the provider's disclosure statement prescribed in section 44-6954, subsection D, paragraph 2.
A.R.S. § 44-1799.07 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.07
44-1799.07 Presumption of illness
Status: in_force

44-1799.07. Presumption of illness

A. It is a rebuttable presumption that an illness or a congenital or hereditary defect existed at the time of sale if the cat or dog dies within fifteen days after the purchaser takes possession of the cat or dog.

B. A finding by a veterinarian who is licensed pursuant to title 32, chapter 21 that the cat or dog had intestinal or external parasites is not grounds for declaring a cat or dog unfit for sale.
A.R.S. § 44-1847 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1847
44-1847 Power of commission to exempt certain securities or transactions of regulated issuers
Status: in_force

44-1847. Power of commission to exempt certain securities or transactions of regulated issuers

The commission may from time to time, by rules and regulations and subject to terms and conditions prescribed therein, add any class of securities or transactions to the securities or transactions exempted as provided in sections 44-1843, 44-1843.01 and 44-1844, if it appears to the commission that registration of such securities under this chapter is not essential to public interest or for the protection of investors by reason of authority conferred by law upon an agency of the state empowering such agency to regulate or supervise the issuance of securities of, or the business conducted or to be conducted by, any issuer of securities or any class or classes of issuers of securities.
A.R.S. § 44-1277 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1277
44-1277 Violation; classification
Status: in_force

44-1277. Violation; classification

A. Except as provided in section 44-1273, it is unlawful for a seller to engage in a telephone solicitation unless the seller is registered pursuant to section 44-1272.

B. A seller or solicitor engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance of the service that the seller or solicitor has agreed to perform for or on behalf of the consumer.

C. A seller or solicitor who violates this section is guilty of a class 5 felony.
A.R.S. § 44-1792 — Arizona Code / Title 44 / Chapter 11 / Article 13 / Section 1792
44-1792 Exemption
Status: in_force

44-1792. Exemption

This article does not apply to:

1. Any private club owned and operated by its members, any facility owned or operated by the state of Arizona or any of its political subdivisions, any health spa operated by a fraternal or benevolent society organized under title 10, chapter 19, article 3 or a nonprofit corporation organized under title 10, chapters 24 through 40, or any health care institution licensed pursuant to title 36, chapter 4.

2. Any health spa that does not require or in the ordinary course of business receive prepayment for services. For the purposes of this paragraph, payment for health spa services received within the thirty-one days in which the services are to be rendered does not constitute prepayment. A health spa that intends to begin requiring or receiving prepayment for health spa services shall comply with this article.
A.R.S. § 44-1799.09 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.09
44-1799.09 Applicability to other laws; waiver of rights
Status: in_force

44-1799.09. Applicability to other laws; waiver of rights

A. This article does not limit the rights or remedies that are otherwise available to consumers and does not prevent the purchaser and the pet dealer from agreeing on additional terms and conditions that are not inconsistent with this article.

B. A contract or agreement under which a purchaser agrees to waive any rights under this article is null and void and is unenforceable.
A.R.S. § 44-1411 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1411
44-1411 Remedies cumulative
Status: in_force

44-1411. Remedies cumulative

The remedies provided for in this article are cumulative.
A.R.S. § 44-7155 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7155
44-7155 Damages; attorney fees
Status: in_force

44-7155. Damages; attorney fees

A court of competent jurisdiction may award a prevailing party actual damages and reasonable attorney fees and costs.
A.R.S. § 44-7156 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7156
44-7156 Enforcement by attorney general
Status: in_force

44-7156. Enforcement by attorney general

Any violations of this article is an unlawful act or practice pursuant to section 44-1522.  The attorney general may investigate the act or practice and take appropriate action pursuant to chapter 10, article 7 of this title.
A.R.S. § 44-1303 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1303
44-1303 Waste tire collection sites; registration
Status: in_force

44-1303. Waste tire collection sites; registration

A. An owner or operator of a waste tire collection site shall register with the department of environmental quality and provide the department with information concerning the site's location and size and the approximate number of waste tires that are stored at the site and shall initiate steps to comply with this article.

B. Any waste tire collection site that is established after July 20, 2011 shall register with the department before beginning operation and shall pay a registration fee. After July 20, 2011, the director shall establish by rule a registration fee, including a maximum fee. Registration fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881.
A.R.S. § 44-1044 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1044
44-1044 Garnishment of assignee by nonconsenting creditor
Status: in_force

44-1044. Garnishment of assignee by nonconsenting creditor

A creditor, not consenting to the assignment, may proceed by garnishment against the assignee for the excess of property remaining in his hands after payment to consenting creditors the amount of their debts and the costs and expenses of the assignment.
A.R.S. § 44-8003 — Arizona Code / Title 44 / Chapter 39 / Article 1 / Section 8003
44-8003 Exceptions
Status: in_force

44-8003. Exceptions

This chapter does not apply to any of the following:

1. Protected health information that is collected by a covered entity or business associate governed by the privacy, security and breach notification rules issued by the United States department of health and human services under 45 Code of Federal Regulations parts 160 and 164.

2. Biological samples that are obtained or genetic data that is generated for the purposes of an individual's medical screening, treatment or diagnosis.

3. Genetic data that is generated by analyses or tests described in section 12-2801, paragraph 1, subdivision (b).

4. A public or private institution of higher education or an entity that is owned or operated by a public or private institution of higher education.
A.R.S. § 44-6005 — Arizona Code / Title 44 / Chapter 17 / Article 1 / Section 6005
44-6005 Periodic statements required
Status: in_force

44-6005. Periodic statements required

Except where the seller or holder deems an account pursuant to a retail charge account agreement to be uncollectible or where delinquency collection procedures have been instituted with respect to such an account, the seller or holder of the account shall, within a reasonable time after the end of the periodic billing cycle, mail or deliver to the buyer who is obligated pursuant to the terms of such agreement, for each billing cycle at the end of which there is an outstanding balance in excess of one dollar in that account or with respect to which a finance charge is imposed, a statement or statements which the buyer may retain. A reasonable time after the end of the billing cycle is presumed to be fifteen days.
A.R.S. § 44-1032 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1032
44-1032 Assignment for the benefit of consenting creditors; effect; execution of release by creditors
Status: in_force

44-1032. Assignment for the benefit of consenting creditors; effect; execution of release by creditors

Any debtor desiring to do so may make an assignment for the benefit of such of his creditors only as will consent to accept their proportional share of his estate, and discharge him from their respective claims. In such case the benefits of the assignment shall be limited and restricted to the creditors consenting thereto. The debtor shall thereupon be discharged from all further liability to the consenting creditors on account of their respective claims, and when paid they shall execute and deliver to the assignee, for the debtor, a release therefrom.
A.R.S. § 44-7031 — Arizona Code / Title 44 / Chapter 26 / Article 2 / Section 7031
44-7031 Secure electronic signatures
Status: in_force

44-7031. Secure electronic signatures

A signature is a secure electronic signature if, through the application of a security procedure, it can be demonstrated that the electronic signature at the time the signature was made was all of the following:

1. Unique to the person using it.

2. Capable of verification.

3. Under the sole control of the person using it.

4. Linked to the electronic record to which it relates in such a manner that if the record were changed the electronic signature would be invalidated.
A.R.S. § 44-1683 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1683
44-1683 Licensee's responsibility
Status: in_force

44-1683. Licensee's responsibility

The licensee shall be responsible for compliance with the provisions of this article whether he is present at or absent from the auction.
A.R.S. § 44-1373.02 — Arizona Code / Title 44 / Chapter 9 / Article 17 / Section 1373.02
44-1373.02 Restricted use of sequential numbers; definition
Status: in_force

44-1373.02. Restricted use of sequential numbers; definition

A. Except as otherwise specifically provided by law, beginning on January 1, 2009, a person or entity shall not knowingly:

1. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any card required for the individual to receive products or services provided by the person or entity.

2. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed.  This paragraph does not prohibit the mailing of documents to the individual that include social security numbers or any sequence of numbers contained in a social security number that is sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security number or sequence of numbers.

B. For the purposes of this section, "individual" means a resident of this state.
A.R.S. § 44-1219 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1219
44-1219 Sale, removal or concealment of encumbered property; classification
Status: in_force

44-1219. Sale, removal or concealment of encumbered property; classification

A. It is unlawful for a person who has mortgaged personal property to another, or who has possession of personal property under a contract of sale whereby the vendor retains title, to:

1. During the existence of the mortgage or contract, and without first obtaining the written consent of the mortgagee or vendor or their assignees, sell, transfer or in any manner encumber such property without first fully advising the person to whom the sale, transfer or encumbrance is to be made, of the facts of the prior mortgage or contract of sale.

2. Conceal, take, drive or otherwise dispose of or destroy any of the encumbered property contrary to the provisions of the mortgage or contract.

3. Remove the property or any part thereof from the county where the property was located when the contract or mortgage was made, if the property is other than an automobile, and if an automobile, to remove the automobile from the state.

B. A person who violates any provisions of this section is guilty of a class 5 felony.

C. In addition to the punishment prescribed in subsection B, the court shall impose a penalty equal to the amount of any expense incurred by the sheriff in out-of-state travel, which has been reimbursed by the board of supervisors as provided by section 11-444. Upon payment of the penalty such sum shall be transmitted to the board of supervisors.
A.R.S. § 44-1231.04 — Arizona Code / Title 44 / Chapter 9 / Article 2.1 / Section 1231.04
44-1231.04 Rules
Status: in_force

44-1231.04. Rules

The attorney general shall adopt necessary rules to implement and enforce the provisions of this article. Rules adopted under this article may specify designations other than "authentic Indian arts and crafts", including a designation such as "Indian crafted", for authorized labeling as Indian arts and crafts.
A.R.S. § 44-334 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 334
44-334 Basis for evaluating employee performance
Status: in_force

44-334. Basis for evaluating employee performance

A. The department shall establish procedures to monitor the performance of department employees and contingent fee contract auditors that include, if applicable, using evaluations obtained from holders.

B. The department shall not evaluate an employee on the basis of unclaimed property demanded or collected by that employee.

C. The department shall develop metrics to evaluate the accuracy of unclaimed property auditor recommendations to the department and whether such recommendations were not accepted or approved by the department.  The outcome of this evaluation metric may be taken into consideration when developing audit engagements entered into on or after August 6, 2016.
A.R.S. § 44-7804 — Arizona Code / Title 44 / Chapter 35 / Article 1 / Section 7804
44-7804 Establishment of amount owed on a credit card account
Status: in_force

44-7804. Establishment of amount owed on a credit card account

In an uncontested court action in this state a creditor may establish the amount of the debt that is owed on a credit card account through a copy of the issuer's final billing statement or by the electronic record pursuant to section 44-7007 that is maintained by the issuer and that represents the amount owed.  In contested actions the court shall weigh the evidence of the parties as required by law.
A.R.S. § 44-3322 — Arizona Code / Title 44 / Chapter 13 / Article 12 / Section 3322
44-3322 Amount and term of securities subject to notice filing
Status: in_force

44-3322. Amount and term of securities subject to notice filing

A. An open-end company or a unit investment trust shall file a notice in order to offer for sale or sell an indefinite amount of securities with the commission.

B. The initial notice filing of an open-end company is effective from the later of receipt by the commission or the effective date with the SEC until two months after the end of the issuer's current fiscal year.  After that period, the notice filing may be renewed by filing the following with the commission no later than the expiration date of the current notice period:

1. The appropriate documents required by chapter 12 of this title and by the commission, by rule or otherwise.

2. The sales report described in section 44-3323.

3. The notice filing fees required by section 44-3324, subsection B.

C. On timely completion of the renewal notice filing for an open-end company, the renewal is automatically effective from the end of the expiring notice period until two months after the end of the issuer's current fiscal year.

D. The initial notice filing of a unit investment trust is effective for one year from the effective date of the registration with the SEC, regardless of when the notice filing was received in this state. After that period, the notice filing may be renewed by filing the following with the commission no later than the expiration of the current notice period:

1. The appropriate documents required by chapter 12 of this title and by the commission, by rule or otherwise.

2. The notice filing fees required by section 44-3324, subsection E, paragraph 1.

E. On timely completion of the renewal notice filing for unit investment trusts, the renewal is automatically effective for one year from the end of the expiring notice period.

F. The commission may adopt rules with respect to notice filings for investment companies other than open-end companies or unit investment trusts.
A.R.S. § 44-1693 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1693
44-1693 Access to reports by a consumer
Status: in_force

44-1693. Access to reports by a consumer

A. Upon furnishing adequate credentials by a consumer as to his identity:

1. A creditor who denies credit to any consumer shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such creditor with a consumer report on such consumer which was considered by the creditor in making the determination.

2. A licensing agency which denies a license to any consumer shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such agency with a consumer report on such consumer which was considered by the licensing agency in making the determination.

3. An employer who denies a consumer employment, a promotion, retention as an employee or reassignment or does reassign the consumer, whichever is not to the advantage of the consumer, shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such employer with a consumer report on such consumer which was considered by the employer in making the determination.

4. A consumer reporting agency shall disclose to any consumer the contents of its file used for the purpose of making a consumer report on that consumer, any and all facts, allegations or sources upon which such information is based and the name and address of each person requesting a report on the consumer within the previous six months. A credit reporting agency may make the disclosures in the following manner:

(a) By a trained employee of the credit reporting agency when the consumer makes the request in person.

(b) By telephone if the credit reporting agency receives a written request for a telephone disclosure from the consumer. Any toll for the telephone disclosure shall be prepaid by the consumer or charged directly to the consumer requesting the telephone disclosure.

(c) By a decoded written copy of the file or a written copy of the consumer report with an explanation of any codes used if the credit reporting agency receives a written request for a written disclosure from the consumer.

B. A consumer reporting agency shall provide trained personnel to disclose the contents of its file to consumers during normal business office hours and assist a consumer in fully understanding all items on his consumer report.

C. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification, at such time as the consumer reviews the files of the consumer reporting agency as provided in this section.

D. No consumer reporting agency nor any creditor, licensing agency or employer shall request or require any waiver of rights by any consumer. No consumer reporting agency nor any creditor or any other person shall charge any fee to a consumer for a disclosure of his file if within a thirty-day period prior to the request for a disclosure the consumer is denied credit, licensure, employment or received a notice of collection or received other adverse action due to the credit report.  Except as provided for in this subsection, a consumer reporting agency may charge a reasonable fee for any disclosures of a file to the consumer or his designee.
A.R.S. § 44-1797.08 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.08
44-1797.08 Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller
Status: in_force

44-1797.08. Prohibition of notes cutting off, as to third parties, buyer's right of action or defense against seller

No contract for discount buying services may require or entail the execution of any note or series of notes by the buyer which, if separately negotiated, will cut off as to any third party any right of action or defense which the buyer may have against the seller.
A.R.S. § 44-1799.61 — Arizona Code / Title 44 / Chapter 11 / Article 22 / Section 1799.61
44-1799.61 Definition of amusement ride
Status: in_force

44-1799.61. Definition of amusement ride

In this article, unless the context otherwise requires, "amusement ride":

1. Means a device or a combination of devices or elements that carry, convey or direct a person over or through a fixed or restricted course or in a defined area for the primary purpose of public amusement or entertainment.

2. Does not include:

(a) A coin operated ride that is manually, mechanically or electrically operated, that is customarily placed in a public location and that does not normally require the supervision or services of an operator.

(b) Nonmechanized playground equipment, including swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines and physical fitness devices.

(c) Challenge, exercise or obstacle courses.

(d) Inflated devices and elements.
A.R.S. § 44-142 — Arizona Code / Title 44 / Chapter 1 / Article 4 / Section 142
44-142 Action against persons primarily and secondarily liable on bill of exchange or other contract
Status: in_force

44-142. Action against persons primarily and secondarily liable on bill of exchange or other contract

The acceptor of a bill of exchange, or any other principal obligor on any contract, may be sued either alone or jointly with any other party who may be liable thereon, but judgment shall not be given against such other party not primarily liable unless judgment has been previously, or is at the same time, given against the acceptor or other principal obligor, except when the plaintiff discontinues his action against such principal obligor.
A.R.S. § 44-326 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 326
44-326 Interest; penalties
Status: in_force

44-326. Interest; penalties

A. The department may require any person who fails to pay or deliver property within the time prescribed in this chapter to pay to the department interest at the rate of one and one-half per cent per month or fraction of a month on the property or value of the property from the date the property should have been paid or delivered.

B. Any person who wilfully fails to:

1. Render any report or perform any other duty required under this chapter shall pay a civil penalty of one hundred dollars for each day the report is withheld or the duty is not performed up to a maximum of five thousand dollars.

2. Pay or deliver property to the department as required under this chapter shall pay a civil penalty of twenty-five per cent of the value of the property that should have been paid or delivered.
A.R.S. § 44-1405 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1405
44-1405 Judicial jurisdiction
Status: in_force

44-1405. Judicial jurisdiction

An action for violation of this article shall be brought in the superior court.
A.R.S. § 44-1456 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1456
44-1456 Use of trademarked container for other articles; violation; classification
Status: in_force

44-1456. Use of trademarked container for other articles; violation; classification

A person who has or uses a cask, bottle, vessel, case, cover, label or other thing bearing or having in any way connected with it the duly filed trademark or name of another, for the purpose of disposing of, with intent to deceive or defraud, any article other than the article which such container or thing originally contained or was connected with by the owner of such trademark or name, is guilty of a class 2 misdemeanor.
A.R.S. § 44-1061 — Arizona Code / Title 44 / Chapter 8 / Article 4 / Section 1061
44-1061 Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers
Status: in_force

44-1061. Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers

A. A sale made by a vendor of goods and chattels in his possession or under his control, or an assignment of goods and chattels, unless the sale or assignment is accompanied by an immediate delivery and followed by an actual and continued change of possession of the things sold or assigned, is prima facie evidence of fraud against creditors of the vendor, or creditors of the person making the assignment, or subsequent purchasers in good faith.

B. The term "creditors" includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels are in his possession or under his control.
A.R.S. § 44-6702 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6702
44-6702 Prohibited acts of supplier
Status: in_force

44-6702. Prohibited acts of supplier

A. It is a violation of this chapter for a supplier to do any of the following:

1. Coerce or compel an equipment dealer to enter into a written or oral agreement that is supplementary to an existing dealer agreement with the supplier unless that agreement is imposed on all other similarly situated dealers in this state.

2. Refuse to deliver, within a reasonable time after receipt of an order, equipment covered by the dealer agreement specifically represented by the supplier to be available for immediate delivery if this equipment is available in reasonable quantities unless this failure is due to any of the following:

(a) Restrictions on the extension of credit by the supplier to the equipment dealer.

(b) A breach of or a default under the agreement by the equipment dealer.

(c) An act of God.

(d) Work stoppage or delay due to a strike or labor difficulty.

(e) A bona fide shortage of materials.

(f) Other causes over which the supplier has no control.

3. Terminate, cancel or fail to renew a dealer agreement or to substantially change the competitive circumstances of the dealer agreement without cause.

4. Require as a condition of renewal or extension of a dealership agreement that the dealer complete substantial renovation of the dealer's place of business or to acquire new or additional space to serve as the dealer's place of business unless the supplier provides at least one year's written notice of the conditions that states all of the grounds supporting this condition. The supplier shall provide the dealer with a reasonable time to complete the renovation or acquisition after this period expires.

5. Discriminate in the prices charged for equipment of like grade and quality sold by the supplier to similarly situated dealers in this state. This paragraph does not:

(a) Prevent the use of differentials that result from the differing quantities in which equipment is sold or delivered and does not prevent a supplier from offering a lower price in order to meet a competitor's equally low price or the services or facilities furnished by a competitor.

(b) Apply to sales to an equipment dealer for resale to a unit or agency of the United States government, this state or its political subdivisions, a major fleet account or an organization for testing or demonstration purposes.

6. Prevent by any means an equipment dealer from changing the capital structure of the equipment dealership or the means by which the dealership is financed if the dealer at all times meets reasonable capital standards imposed by the supplier or as otherwise agreed to between the dealer and the supplier and this change does not cause a change of the controlling interest in the executive management or the board of directors or of a guarantor of the dealership.

7. Prevent by any means an equipment dealer or any officer, member, partner or stockholder of a dealer from selling or transferring any part of the interest of any of them to any other person. No dealer, officer, partner, member or stockholder may sell, transfer or assign the equipment dealership or power of management or control of the dealership without the written consent of the supplier. If a supplier determines that the designated transferee is not acceptable, the supplier shall provide the dealer with written notice of the supplier's objection and the specific reasons for withholding its consent.

8. Require an equipment dealer to assent to a release, assignment, novation, waiver or estoppel that would relieve a person from complying with this section.

9. If an equipment dealer or the principal owner of the dealership dies, unreasonably withhold consent to the transfer of the dealer's interest in the dealership to a member of the dealer's or the principal owner's family if that family member meets the reasonable financial, business ability, experience and character standards of the supplier. If the supplier determines that a family member does not meet these standards, the supplier shall provide the dealer's representative with written notice of the supplier's specific objections. A supplier has ninety days to consider a request to make a transfer. For the purposes of this paragraph, "family member" means a spouse, parent, sibling, child, stepchild, son-in-law or daughter-in-law and lineal descendants and includes adopted children and their lineal descendants.

B. Notwithstanding subsection A, paragraph 9, if a supplier and dealer have executed an agreement concerning succession rights before the dealer's death and that agreement has not been revoked or otherwise terminated by either party, that agreement controls the terms of succession.

C. Notwithstanding subsection A, paragraph 7 or 9, a supplier may withhold consent to a transfer of interest in a dealership if the dealer's area of responsibility or trade area does not afford sufficient sales potential to reasonably support the dealer. The supplier has the burden of demonstrating this fact.
A.R.S. § 44-1231.02 — Arizona Code / Title 44 / Chapter 9 / Article 2.1 / Section 1231.02
44-1231.02 Sale of Indian arts and crafts; inquiry; labels
Status: in_force

44-1231.02. Sale of Indian arts and crafts; inquiry; labels

A. A person who sells or offers to sell nonauthentic Indian arts and crafts shall post a sign bearing the words, in letters not less than three inches in height, "nonauthentic Indian arts and crafts" above or adjacent to the articles being sold.

B. A person who sells or offers to sell a product that is represented to be authentic Indian arts or crafts shall make due inquiry of his suppliers concerning the true nature of the materials, product design and process of manufacture to determine whether the product may be lawfully represented as authentic Indian arts or crafts.

C. A person who sells or offers to sell Indian arts and crafts may elect to label or otherwise clearly and conspicuously disclose as authentic Indian arts and crafts all articles that are authentic Indian arts and crafts in accordance with this article and rules adopted pursuant to this article.
A.R.S. § 44-2015 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2015
44-2015 Conservator; bond; powers and duties
Status: in_force

44-2015. Conservator; bond; powers and duties

A. A temporary or permanent conservator shall be an officer of the court and shall give bond in the amount and conditioned as ordered by the court. The conservator has all the rights, powers and privileges of a receiver and is subject to the obligations, penalties and orders of the court to which receivers are subject.

B. In all matters relating to the rights, powers, privileges, obligations and penalties of a conservator, and the powers of the court in respect thereto, equitable rights and remedies shall govern when applicable.

C. A conservator appointed under this article shall act at the direction or with the approval of the court in the administration of the properties and affairs of a violator to conserve, protect and preserve, or to effect a reorganization of such properties and affairs, and to do all things necessary in furtherance thereof to protect the rights of persons having a direct interest in the properties and affairs of the violator.
A.R.S. § 44-281 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 281
44-281 Definitions
Status: reserved

44-281. Definitions

In this article, unless the context otherwise requires:

1. "Administrator" means the deputy director of the financial institutions division of the department of insurance and financial institutions.

2. "Cash sale price" means the price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle that is the subject matter of the retail installment contract, if such sale had been a sale for cash instead of a retail installment transaction. The cash sale price may include charges for accessories and their installation and for delivery, and servicing, repairing or improving the motor vehicle, and for charges for other costs that are necessary or incidental to the transaction and that the seller furnishes or agrees to pay on behalf of the buyer, including taxes, assessor's fees, license fees and fees for filing, recording or otherwise perfecting or releasing a reserved title or lien, and may include a reasonable charge for the seller's services.

3. "Finance charge" means the amount agreed on between the buyer and the seller, as limited herein, which in determining the cost of the motor vehicle is added to the aggregate of the following: The cash sale price and the amount, if any, included for insurance and other benefits where a separate cost is assigned thereto.

4. "Holder" of a retail installment contract means the retail seller of the motor vehicle under or subject to the contract or, if the contract is purchased by a sales finance company or other assignee, the sales finance company or other assignee.

5. "Motor vehicle" means any self-propelled device in or by which any person or property is or may be transported or drawn on a public highway, except:

(a) Devices that move on or are guided by a track or travel through the air.

(b) The following, if not designed primarily for highway transportation, but that may incidentally be operated on a public highway:

(i) Tractors.

(ii) Buses.

(iii) Trucks.

(iv) Power shovels.

(v) Road machinery.

(vi) Agricultural machinery.

6. "Person" means an individual, partnership, association, trust, corporation or other legal entity.

7. "Retail buyer" or "buyer" means a person who buys a motor vehicle from a retail seller, not for the purpose of resale, and who executes a retail installment contract in connection therewith.

8. "Retail installment contract" or "contract":

(a) Means an agreement, entered into in this state, pursuant to which the title to or a lien on the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a retail seller from a retail buyer as security for the buyer's obligation.

(b) Includes:

(i) A conditional sales contract and a contract for the bailment or leasing of a motor vehicle by which the bailee or lessee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner of the motor vehicle for no other or a nominal consideration on full compliance with the provisions of the contract.

(ii) A secondary motor vehicle finance transaction.

9. "Retail installment transaction" means any transaction evidenced by a retail installment contract entered into between a retail buyer and a retail seller wherein the retail buyer buys a motor vehicle from the retail seller at a cost payable in one or more deferred installments. The cash sale price of the motor vehicle, the amount included for insurance if a separate charge is made and the finance charge shall together constitute the cost of the motor vehicle.

10. "Retail seller" or "seller" means a person who sells a motor vehicle to a retail buyer for purposes other than resale under or subject to a retail installment contract. For the purposes of paragraph 12 of this section "seller" means a person who sells and retains the use of the motor vehicle.

11. "Sales finance company":

(a) Means a person engaged, in whole or in part, in the business of purchasing retail installment contracts from one or more retail sellers.

(b) Includes a person engaged, in whole or in part, in the business of creating or holding retail installment contracts that exceed a total aggregate outstanding indebtedness of $50,000.

(c) Does not include:

(i) The pledgee of an aggregate number of retail installment contracts to secure a bona fide loan thereon.

(ii) A motor vehicle dealer who creates retail installment contracts and assigns the retail installment contracts to third-party lenders or financial institutions.

12. "Secondary motor vehicle finance transaction":

(a) Means any contract that includes provisions for either:

(i) Obtaining a security interest in or lien on a motor vehicle other than in connection with the sale of that motor vehicle.

(ii) The sale or conditional sale of a motor vehicle and the seller's right to retain use of the motor vehicle after the sale or conditional sale.

(b) Includes any conditional sales contract or contract for the bailment or leasing of a motor vehicle in which the bailee or lessee agrees to pay for use of the motor vehicle and the bailee or lessee is required to become or has the option of becoming the owner of the vehicle for any or no compensation.

(c) Does not include any commercial transaction as defined in section 44-291.