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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HOUSE BILL 2560 |
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AN ACT
amending title 44, Arizona Revised Statutes, by adding chapter 36; relating to communications network facilitators.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
CHAPTER 36
COMMUNICATIONS NETWORK FACILITATORS
ARTICLE 1. GENERAL PROVISIONS
44-7851. Definitions
In this chapter, unless the context otherwise requires:
1. "Communications network" means a communications, informational or digital platform that is used to match communications network providers to communications network users.
2. "Communications network facilitator" means a company, corporation, partnership, sole proprietorship, individual or other entity that operates and maintains an easily accessed communications network.
3. "Communications network provider" means a company, corporation, partnership, sole proprietorship, individual or other entity that provides a product or service to communications network users through a communications network whether or not for profit.
4. "Communications network user" means an individual who uses a communications network to access a product or service from a communications network provider.
44-7852. Regulation; definition
A. A communications network facilitator acting in its capacity as a communications network facilitator may be regulated or required to obtain occupational licensure or certification only in its role as an operator of a communications network. This section does not prohibit the regulation of a communications network provider also operating as a communications network facilitator. This section does not provide a communications network facilitator immunity from criminal liability under title 13.
B. A communications network facilitator acting in its capacity as a communications network facilitator is not deemed to own, control, operate or manage the products or services offered by a communications network provider.
C. A communications network facilitator acting in its capacity as a communications network facilitator may not be compelled to offer products or services in order to operate.
D. A nonprofit communications network provider acting in its capacity as a nonprofit communications network provider may operate without further regulation, licensure or certification under title 32 or any other law beyond that which would be required if the nonprofit communications network provider was engaged in the same activity without the aid of the communications network.
E. For the purposes of this section, a "nonprofit communications network provider" means a communications network provider that provides a product or service for no charge other than that reasonably calculated to recover the direct and indirect costs of activities related to the communications network.
F. Notwithstanding any other law, this chapter does not apply to a licensed cable television system or operator THAT MAY ALSO SERVE AS A BROADBAND PROVIDER, a telecommunications corporation, agricultural improvement district or public service corporation REGULATED BY THE aRIZONA CORPORATION COMMISSION, to the extent it is engaged in the delivery or provision of telecommunications service, cable television service OR BROADBAND SERVICE.
G. This chapter does not apply to a platform used for the sale or distribution of digital content or for the subscription to access digital content.
H. This chapter does not apply to a motor vehicle manufacturer or subsidiary or affiliate that provides network communications into motor vehicles for telematics and other communication related in-vehicle services.
I. tHIS CHAPTER SHALL NOT REGULATE THE INTERNET.
44-7853. Communications network facilitators; state preemption
The regulation of communications network facilitators is of statewide concern. The regulation pursuant to this chapter of communications network facilitators acting solely as communications network facilitators is not subject to further regulation by a county, city, town or political subdivision of this state.
44-7854. Remedies; enforcement
A. A communications network facilitator may bring an action in superior court to enjoin the unlawful regulation of the communications network facilitator by this state or a county, city, town or political subdivision of this state. If the communications network facilitator prevails in the action, the court shall allow the communications network facilitator costs and reasonable attorney fees.
B. The attorney general may bring an action to enjoin the unlawful regulation of communications network facilitators by this state or a county, city, town or political subdivision of this state.
Sec. 2. Sharing economy act
This act shall be known as and may be cited as the "Sharing Economy Act".