Cities, towns, and counties in Arizona could not penalize a business for the theft of its shopping carts and similar property, and the Attorney General or a business could sue to stop such rules.
Cities, towns, and counties could not adopt or enforce rules that penalize a business for theft of its movable property, such as shopping carts and hand-held baskets. This includes fees for retrieving or storing abandoned property.
Local governments could still notify a business where its property is, let it pick up the property for free, pursue the person responsible for the theft, and pass general nuisance rules. The Attorney General or a business could sue to stop a banned rule, and a winning business gets legal fees.
Two new sections, one for municipalities and one for counties, bar penalties on a business for theft of its movable property. It covers businesses that own or provide movable property for customers' use, such as shopping carts and hand-held baskets, and municipalities and counties. Barred penalties include fines or fees for abandoned property found off the business's property, required payment for retrieving, storing, or disposing of it, and required compliance certifications backed by a penalty if the problem comes from theft. The rule applies "notwithstanding any other law." "Theft" means unauthorized taking, removing, or abandoning of a business's movable property by anyone other than the owner or the owner's authorized agent.
The sections let local governments keep some tools and let the Attorney General or businesses sue to block banned ordinances. It covers municipalities, counties, the Attorney General, and businesses. General nuisance rules must not specifically penalize a business for theft of its property. A business that wins a lawsuit is entitled to reasonable attorney fees and costs. Regulating theft of a business's movable property is declared a statewide concern, and local governments could not regulate it further.
No hearings or votes scheduled.