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SB1322 - 572R - I Ver
REFERENCE TITLE:
price regulation; abnormal market disruptions
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1322
Introduced by
Senators
Ortiz: Bravo, Diaz, Gabald�n, Hatathlie, Kuby, Sears, Sundareshan;�
Representative Liguori
AN
ACT
amending title 44, chapter 9, arizona
revised statutes, by adding article 27; relating to trade practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised
Statutes, is amended by adding article 27, to read:
ARTICLE 27. PRICE REGULATION
START_STATUTE
44-1383.
Abnormal disruption of the market; excess pricing; prohibition;
definitions
A. During an abnormal disruption of
the market for goods and services that are necessary for the health, safety and
welfare of consumers, a person within the chain of distribution of the goods
and services may not sell or offer to sell the goods and services for a price
that is fifteen percent or more than the price at which the goods and services
were sold or offered for sale by the person sixty days before the abnormal
disruption of the market.� Goods and services that are sold for a price that is
fifteen percent or more is presumed to be unconscionable, and A person may
rebut the presumption on a showing that the cost of the goods and services
increased by at least ten percent to the seller.
B. For the purposes of this section:
1. "Abnormal disruption of the
market":
(
a
) Means any
change in the market, whether actual or imminently threatened, that results
from any of the following:
(
i
) The
weather.
(
ii
) An act of
nature.
(
iii
) A failure
or shortage of electric power or other source of energy.
(
iv
) A strike.
(
v
) Civil
disorder.
(
vi
) War.
(
vii
) Military
action.
(
viii
) A
national or local emergency.
(
ix
) Any other
cause of an abnormal disruption of the market that causes the governor to
declare a state of emergency.
(
b
) Includes:
(
i
) The
governor declaring a state of emergency pursuant to section 26-321.
(
ii
) A
determination by the director of the department of health services that
consumer prices for food and energy have increased by at least ten percent
above the reported consumer price index for food and energy during the previous
thirty-day period.
2. "Goods and services":
(
a
) includes
any of the following:
(
i
) Food.
(
ii
) Water.
(
iii
) Diapers.
(
iv
) Feminine
Hygiene products.
(
v
) Prescription
drugs.
(
vi
) Electricity.
(
vii
) Natural
gas.
(
viii
) Propane.
(
ix
) Gasoline.
(
x
) Telephone
and broadband service.
(
b
) Does not
include luxury items.
3. "Person WITHIN the chain of
distribution" includes a manufacturer, supplier, wholesaler, distributor
or retail seller of goods or services.
END_STATUTE
START_STATUTE
44-1383.01.
Enforcement; attorney general; violations; classification; treble
damages
A. The attorney general shall enforce
this article.
B. A person who intentionally
violates this article is guilty of a class 1 misdemeanor.
C. Except as provided in subsection B
of this section, a person who violates this article is guilty of a class 2
misdemeanor.
D. The attorney general may bring an
action in a court of competent jurisdiction to seek an injunction that
prohibits a person from continuing or engaging in the practice that is in
violation of this article.
E. The court may order a person who
violates this article to pay treble damages to any person injured by a
violation.
F. If a person in violation of this
article holds a license to conduct business in this state, the attorney general
shall forward information regarding the violation to the appropriate licensing
board or regulatory agency for review and action as authorized by law.
G. Each violation of this article and
each day on which the violation occurs or continues is a separate offense.
END_STATUTE
START_STATUTE
44-1383.02.
Private right of action; violation; civil penalties
A. A buyer who purchases goods and
services as defined in section 44-1383 from a seller who is found in
violation of this article has a private right of action.
B. A seller who violates this article
may be liable in a private right of action to the buyer for:
1. Not more than $10,000 for each
violation.
2. Not more than $25,000 for each
violation if the buyer is at least sixty years of age.
END_STATUTE
START_STATUTE
44-1383.03.
Preemption
This article does not prevent a city, town or
county from enacting ordinances that prohibit excessive pricing or from
imposing penalties in excess of those provided in this article.
END_STATUTE