Read the full stored bill text
HB2460 - 572R - S Ver
Senate Engrossed
House Bill
business property;
theft; penalties; prohibition
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2460
AN
ACT
amending title 9, chapter 4, article 8,
arizona revised statutes, by adding section 9-500.54; amending title 11,
chapter 2, article 4, arizona revised statutes, by adding section 11-269.31;
relating to business property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Title
9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section
9-500.54, to read:
START_STATUTE
9-500.54.
Business property; theft; penalties; prohibition; enforcement;
state preemption; definitions
A. Notwithstanding any other law, a
municipality may not adopt or enforce any ordinance, rule or regulation that
imposes a penalty on a business for the theft of the movable property of the
business.
B. A municipality may not enforce a
penalty that does any of the following:
1. Imposes fines or fees for
abandoned movable property that belongs to a business that is found off of the
property of the business.
2. Requires a business to pay for the
retrieval, storage or disposal of movable property that belongs to the business
and that has been RETRIEVED or collected by the municipality.
3. Mandates that a business certify
compliance with municipal retrieval programs under the threat of imposing a
penalty if the noncompliance by the business is based on the theft of the
movable property that belongs to the business.
C. A municipality may do any of the
following:
1. Notify a business of the location
of movable property that belongs to the business and allow the business to
voluntarily RETRIEVE the movable property without imposing any fee.
2. Institute criminal or civil
penalties against a person who is responsible for the theft of movable property
that belongs to a business.
3. Enact general nuisance abatement
ordinances, rules or regulations that do not specifically include imposing a
penalty on a business for THE theft of movable property that belongs to the
business.
D. The attorney general or any
business may bring an action in the superior court to enjoin a municipality
from enforcing an ordinance, rule or regulation that is prohibited by this
section. A business that prevails in an action brought pursuant to
this subsection is entitled to recovery of reasonable attorney fees and costs.
E. The regulation of the theft of
movable property of a business is of statewide concern. The regulation of the
theft of movable property of a business pursuant to this section is not subject
to further regulation by a municipality.
F. For the purposes of this section:
1. "Business" means any
commercial enterprise that owns or provides movable property for use by the
customers of the business.
2. "movable property":
(
a
) means
tangible property that is owned by a business that is intended for temporary
use by the customers of the business.
(
b
) Includes
shopping carts and hand-held baskets.
3. "Theft" means
unauthorized taking, removing or abandoning movable property that belongs to a
business by a person other than the owner of the business or an owner's
authorized agent.
END_STATUTE
Sec.
2.
2. Title
11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding
section 11-269.31, to read:
START_STATUTE
11-269.31.
Business property; theft; penalties; prohibition; enforcement;
state preemption; definitions
A. Notwithstanding any other law, a
county may not adopt or enforce any ordinance, rule or regulation that imposes
a penalty on a business for the theft of the movable property of the business.
B. A county may not enforce a penalty
that does any of the following:
1. Imposes fines or fees for
abandoned movable property that belongs to a business that is found off of the
property of the business.
2. Requires a business to pay for the
retrieval, storage or disposal of movable property that belongs to the business
and that has been RETRIEVED or collected by the
county.
3. Mandates that a business certify
compliance with county retrieval programs under the threat of imposing a
penalty if the noncompliance by the business is based on the theft of the
movable property that belongs to the business.
C. A county may do any of the
following:
1. Notify a business of the location
of movable property that belongs to the business and allow the business to
voluntarily RETRIEVE the movable property without imposing any fee.
2. Institute criminal or civil
penalties against a person who is responsible for the theft of movable property
that belongs to a business.
3. Enact general nuisance abatement
ordinances, rules or regulations that do not specifically include imposing a
penalty on a business for THE theft of movable property that belongs to the
business.
D. The attorney general or any
business may bring an action in the superior court to enjoin a county from
enforcing an ordinance, rule or regulation that is prohibited by this section.
A business that prevails in an action brought pursuant to this subsection is
entitled to recovery of reasonable attorney fees and costs.
E. The regulation of the theft of
movable property of a business is of statewide concern. The regulation of the
theft of movable property of a business pursuant to this section is not subject
to further regulation by a county.
F. For the purposes of this section:
1. "Business" means any
commercial enterprise that owns or provides movable property for use by the
customers of the business.
2. "movable property":
(
a
) means
tangible property that is owned by a business that is intended for temporary
use by the customers of the business.
(
b
) Includes
shopping carts and hand-held baskets.
3. "Theft" means
unauthorized taking, removing or abandoning movable property that belongs to a
business by a person other than the owner of the business or an owner's
authorized agent.
END_STATUTE
Sec.
3.
3.
Severability
If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.
Sec.
4.
4.
Legislative
findings
The legislature finds that:
1. Theft of business
property, including shopping carts, imposes significant financial burdens on
businesses through no fault of their own.
2. Local ordinances
that penalize businesses for a theft or abandonment of their property by third
parties, including criminals or unauthorized users, unfairly shifts
responsibility from perpetrators to victims.
3. Penalties imposed by
local ordinances discourage business investment, increase operational costs and
may lead to higher prices for consumers.
4. It is the policy of
this state to protect businesses from undue regulations that penalize them for
crimes committed against them.
Sec.
5.
5.
Short
title
This act may be cited as the
"Completely Asinine Rule Termination (CART) Act".