Bill Text: AZ HB2293 | 2012 | Fiftieth Legislature 2nd Regular | Introduced


Bill Title: Geographic business name; deceptive use

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-18 - Referred to House COM Committee [HB2293 Detail]

Download: Arizona-2012-HB2293-Introduced.html

 

 

 

REFERENCE TITLE: geographic business name; deceptive use

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2293

 

Introduced by

Representative Smith D

 

 

AN ACT

 

amending section 44-1221, Arizona Revised Statutes; relating to fraudulent practices.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 44-1221, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1221.  Deceptive use of name; presumption; classification; attorney general

A.  It is unlawful for a person to deceive another person by misrepresenting the geographical origin or location of the person's business in the conduct of the person's business represent that a business is located or operated in this state or owned or operated by a resident of this state if this information is not true.  A presumption exists that a business is located or operated in this state if the business is subject to service of process in this state and one of the following is true:

1.  The business is a corporation, partnership or limited liability company that is qualified to do business in this state.

2.  The business is licensed by this state or a political subdivision of this state.

3.  The business is owned by an individual who is a resident of this state.

B.  A person is not liable under this section for providing an inaccurate address if the inaccurate address is in this state.

B.  C.  A person who intentionally or knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.

C.  D.  An act or practice in violation of this section is an unlawful practice under section 44-1522 and subject to enforcement through private action and prosecution by the attorney general.  The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.END_STATUTE

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