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HB4070 • 2026

nonprofits; facilitation; trafficking offenses; penalties

HB4070 - nonprofits; facilitation; trafficking offenses; penalties

Children Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Alexander Kolodin
Last action
2026-03-16
Official status
Senate second read
Effective date
Not listed

Plain English Breakdown

The bill title mentions nonprofits, but the statutory text applies broadly to corporations under Title 10; it is unclear if this covers all nonprofit types in Arizona.

HB4070: Rules for Nonprofits and Penalties for Human Trafficking

This law stops the Arizona Corporation Commission from incorporating a corporation if its leaders have been convicted of specific trafficking offenses, and it allows victims to sue people who facilitate or profit from trafficking.

What This Bill Does

  • Prohibits the Arizona Corporation Commission from incorporating any corporation under Title 10 if an officer, director, or trustee has been convicted of sex trafficking, forced labor trafficking, child sex trafficking, or a substantially similar offense in any state or federal jurisdiction.
  • Makes people who facilitate human trafficking civilly liable to pay damages to the person trafficked.
  • Defines 'facilitates' as acting with knowledge that another person is committing or intends to commit an unlawful act and knowingly providing them with means or opportunity to do so.
  • Allows victims to recover actual damages, including mental anguish even without other injuries shown, court costs, attorney fees, and exemplary damages from those found liable.
  • Holds shareholders, members, or partners of a legal entity jointly responsible if they caused the entity to be used for trafficking for their own direct personal benefit.

Who It Names or Affects

  • The Arizona Corporation Commission regarding its ability to incorporate corporations under Title 10.
  • Officers, directors, and trustees seeking to form corporations with past convictions of specified trafficking offenses.
  • Individuals who facilitate human trafficking or knowingly benefit from a trafficking venture.
  • Shareholders, members, or partners of legal entities found responsible for using the entity to traffic persons.

Terms To Know

Facilitates
Acting with knowledge that another person is committing or intends to commit an unlawful act and knowingly providing them with means or opportunity to do so.
Civil liability
Legal responsibility to pay money damages to a victim for harm caused, separate from criminal punishment.
Exemplary damages
Additional monetary awards given beyond actual losses to punish the wrongdoer or deter future bad behavior.

Limits and Unknowns

  • The bill becomes effective on the general effective date, which is not specified in this text.
  • The law applies to convictions of 'substantially similar offenses' under other state or federal laws, requiring interpretation of what counts as similar.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: This amendment narrows the list of crimes that stop a nonprofit from being formed and adds rules to hold people financially responsible for helping or benefiting from human trafficking.

  • Removes smuggling, assisting smugglers, and unlawfully obtaining labor as reasons to block a corporation's formation.
  • Keeps sex trafficking, forced labor trafficking, child sex trafficking, and similar crimes in other states or federal law as reasons to block formation.
  • Adds the word 'facilitates' so that people who help with human trafficking can be sued for damages.
  • Allows victims to sue shareholders if they used a company to traffic people for their own personal benefit.
  • The text uses legal terms like 'joint and several liability' which means multiple parties share the full cost of paying, but does not explain how courts decide who pays what.
  • The amendment references specific Arizona law sections (like 13-1307) without defining exactly what actions those laws cover in simple language.

Plain English: This amendment stops people convicted of sex trafficking from starting corporations and makes it easier for victims to sue individuals or groups who help traffickers.

  • The state cannot register a new corporation if any officer, director, or trustee has been convicted of sex trafficking, forced labor trafficking, child sex trafficking, or similar crimes in other places.
  • Victims can now file civil lawsuits against people who facilitate (help) human trafficking, not just those who directly commit the crime.
  • Shareholders, members, or partners of a business can be personally sued for damages if they used that business to traffic someone for their own personal benefit.
  • The amendment removes an old definition of 'facilitates' from the law while keeping other parts about civil liability and joint responsibility.
  • The text does not explain how existing corporations with convicted leaders will be handled, only that new ones cannot be incorporated.
  • Some legal terms like 'jointly and severally liable' are complex concepts that may require further explanation for full understanding.

Plain English: This amendment stops people convicted of sex trafficking from starting corporations and makes it easier for victims to sue individuals or groups who help traffickers.

  • The state cannot register a new corporation if any officer, director, or trustee has been convicted of sex trafficking, forced labor trafficking, child sex trafficking, or similar crimes in other places.
  • People can now be sued for damages if they knowingly help (facilitate) someone else traffic another person.
  • Owners like shareholders or partners can personally pay for damages if they used their company to traffic people just so the owner could make money.
  • Victims who win a lawsuit will get paid for actual harm, mental pain, court costs, and lawyer fees.
  • The amendment removes an old definition of 'facilitates' that was in the original bill text; this change might affect how courts interpret what counts as helping a trafficker.
  • Some parts of the legal code referenced are very technical and may require more context to fully understand all consequences.

Bill History

  1. 2026-03-16 Senate

    Senate second read

  2. 2026-03-11 Senate

    Senate Rules: PFC

  3. 2026-03-11 Senate

    Senate Judiciary and Elections: DPA

  4. 2026-03-11 Senate

    Senate first read

  5. 2026-03-05 Senate

    Transmitted to Senate

  6. 2026-03-05 House

    House third read passed

  7. 2026-03-04 House

    House committee of the whole

  8. 2026-03-03 House

    House committee of the whole

  9. 2026-02-24 House

    House minority caucus

  10. 2026-02-24 House

    House majority caucus

  11. 2026-02-23 House

    House consent calendar

  12. 2026-02-12 House

    House second read

  13. 2026-02-11 House

    House Rules: C&P

  14. 2026-02-11 House

    House Judiciary: DP

  15. 2026-02-11 House

    House first read

Official Summary Text

HB4070 - 572R - Senate Fact Sheet

Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
H.B. 4070

nonprofits;
facilitation; trafficking offenses; penalties

Purpose

Prohibits the Arizona Corporation Commission (ACC) from incorporating a
corporation if an officer, director or trustee of the corporation has been
convicted of specified trafficking offenses. Subjects a person who facilitates
trafficking offenses, rather than just engages in them, to civil liability to
the person trafficked.

Background

Incorporation occurs and the corporate existence begins when the articles
of incorporation and certificate of disclosure are delivered to the ACC for
filing. The certificate of disclosure must set forth specified information
regarding all persons who, at the time of the disclosure's delivery, are
officers, directors, trustees and incorporators, including whether any of the
persons have been convicted of a felony involving a transaction in securities,
consumer fraud or antitrust, or an offense for which the essential elements
consisted of fraud, misrepresentation, theft by false pretenses or restraint of
trade or monopoly, in any state or federal jurisdiction within the five-year
period immediately preceding the execution of the certificate (A.R.S. ��
10-3202

and
10-3203
).

A person who engages in the trafficking of another person or who
intentionally or knowingly benefits from the trafficking of another person is
civilly liable to the person trafficked for damages that arise from the offense,
including actual damages, including those for mental anguish, court costs,
reasonable attorney fees and exemplary damages. For the purposes of determining
civil liability,
trafficking of a person
means conduct that constitutes
an offense
under unlawfully obtaining labor or services
,
sex
trafficking
,
trafficking of persons for forced labor or services
,
taking
a child for the purpose of prostitution
and
child sex trafficking
(
A.R.S.
� 12-722
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Prohibits
the ACC from incorporating a corporation if an officer, director or trustee of
the corporation has been convicted of:

a)

sex trafficking;

b)

trafficking of persons for forced labor or services;

c)

child sex trafficking; or

d)

any other substantially similar offense under the laws of Arizona or the
United States.

2.

Subjects
a person who facilitates the trafficking of another person, or who
intentionally or knowingly benefits from a trafficking venture, to civil
liability for outlined damages to the person trafficked.

3.

Defines
facilitates
as acting with knowledge that another person
is committing or intends to commit an unlawful act and knowingly providing the
other person with means or opportunity for the commission of the unlawful act.

4.

Becomes effective on the general effective date.

Amendments Adopted by
Committee

�

Adds a definition for
facilitates
.

House Action
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Senate
Action

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3
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Read��������� 3/5/26������������������� 32-18-9-0-1

Prepared by Senate Research

March 30, 2026

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Current Bill Text

Read the full stored bill text
HB4070 - 572R - H Ver

House Engrossed

nonprofits;
facilitation; trafficking offenses; penalties

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 4070

AN
ACT

amending
title 10, chapter 25, article 1, Arizona Revised Statutes, by adding section 10-3203.01;
amending section 12-722, Arizona Revised Statutes; relating to human
trafficking.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 10, chapter 25, article 1,
Arizona Revised Statutes, is amended by adding section 10-3203.01, to read:

START_STATUTE
10-3203.01.

Incorporation prohibited

Notwithstanding any other law, the commission
may not incorporate a corporation under this chapter if an officer, director or
trustee of the corporation has been convicted of any of the following offenses:

1. Sex trafficking
as defined in section 13-1307.

2. Trafficking of persons for forced
labor or services
As defined in section 13-1308.

3. Child sex trafficking
As defined in section 13-3212.

4.
any
substantially similar offense under the laws of any other state or the united
states.
END_STATUTE

Sec. 2. Section 12-722, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-722.

Trafficking of persons; civil liability; applicability; remedies;
joint and several liability; definitions

A. A person who engages in
or
facilitates
the trafficking of a person or who intentionally or
knowingly benefits from participating in
or facilitating

a venture that traffics another person is liable to the person trafficked for
damages that arise from the trafficking of that person by the person or
venture.

B. It is not a defense to liability under this
section that the person was acquitted or has not been prosecuted for or
convicted of an offense included in title 13 or has been convicted of a
different offense, or of a different type or class of offense, for the conduct
that is alleged to give rise to liability under this section.

C. This section applies to any legal entity that is
governed by title 10 or 29.

D. Notwithstanding titles 10 and 29, if a legal
entity is found responsible pursuant to this section, a shareholder, member or
partner of that entity is jointly and severally liable with the entity to the
person trafficked for damages that arise from the trafficking of that person if
the person demonstrates that the shareholder, member or partner caused the
entity to be used to traffic that person for the direct personal benefit of the
shareholder, member or partner.

E. A claimant who prevails under this section:

1. Shall be awarded actual damages, including
damages for mental anguish even if an injury other than mental anguish is not
shown, court costs and reasonable attorney fees.

2. In addition to an award under paragraph 1 of this
subsection, may recover exemplary damages.

F. The rights and remedies provided in this section
supplement any other rights and remedies provided by law, including common law
rights.

G. A person who engages

in
or facilitates
the trafficking

of a
person or who intentionally or knowingly benefits from participating in
or facilitating
a venture that traffics another person and is
found responsible under this section or other law for any amount of damages
arising from the trafficking is jointly liable with any other person found to
be liable for the entire amount of damages arising from the trafficking.

H. For the purposes of this section:

1. "Person" has the same meaning
prescribed in section 13-105.

2. "Traffics another person" or
"trafficking of a person" means conduct that constitutes an offense
under section 13-1306, 13-1307, 13-1308, 13-3206 or 13-3212.

END_STATUTE