Bill Text: AZ SB1151 | 2018 | Fifty-third Legislature 2nd Regular | Introduced
Bill Title: Banks; financial institutions; violations; penalties
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-24 - Senate FIN Committee action: Failed To Pass, voting: (3-4-0-0) [SB1151 Detail]
Download: Arizona-2018-SB1151-Introduced.html
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REFERENCE TITLE: banks; financial institutions; violations; penalties |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1151 |
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Introduced by Senator Farnsworth D
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AN ACT
amending sections 6‑132 and 6‑133, Arizona Revised Statutes; relating to banks and financial institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 6-132, Arizona Revised Statutes, is amended to read:
6-132. Violation of title; civil penalty
The superintendent may assess a civil penalty in an amount of not more than five thousand dollars against a person, including any officer, director, employee, agent or other person who participates in the conduct of the affairs of the person, for any knowing violation of any provision of this title or of any rule or order adopted or issued pursuant to this title. If the assessment is not paid in full within thirty days after the service of the notice of the assessment on the person, the attorney general, on request of the superintendent, shall bring an action in the superior court in the county in which a violation of this section is alleged to have occurred in the same manner as the filing of other actions. On the finding of a knowing violation of this section by the defendant in any such action, the court may enforce the civil penalty imposed by the superintendent or may impose a different civil penalty in an amount as it the court deems appropriate for each violation. Each day of violation constitutes a separate offense.
Sec. 2. Section 6-133, Arizona Revised Statutes, is amended to read:
6-133. Violations; classification
A. Any person who knowingly violates any provision of this title for which a different penalty is not specifically provided or knowingly violates any rule, regulation or order issued or promulgated pursuant to this title is guilty of a class 6 felony 1 misdemeanor. Each day of violation shall constitute a separate offense.
B. Any person who knowingly makes any false statement, misrepresentation or false certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this title or under any license, certificate, rule, regulation or order issued pursuant to this title with intent to deceive the superintendent is guilty of a class 3 4 felony.
C. Any person who knowingly makes any false entry or omits a material entry in any record, report or statement of a financial institution with intent to injure or defraud the financial institution or to deceive the superintendent or any agent or examiner appointed by the superintendent to examine the affairs of the financial institution is guilty of a class 3 4 felony.
