|
REFERENCE TITLE: ACC; securities enforcement; spousal joinder |
|
State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
|
|
HB 2491 |
|
|
|
Introduced by Representative Farnsworth, Senator Biggs: Representative Petersen
|
AN ACT
amending section 44-2031, Arizona Revised Statutes; relating to securities enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-2031, Arizona Revised Statutes, is amended to read:
44-2031. Jurisdiction and venue of offenses and actions; joinder of spouse
A. The superior court in this state shall have jurisdiction over violations of this chapter, the rules and orders of the commission under this chapter and all actions brought to enforce any liability or duty created under this chapter, except actions or proceedings brought under section 44‑2032, paragraph 2, 3 or 4 or appeals filed under article 12 of this chapter, over which the superior court in Maricopa county shall have exclusive jurisdiction.
B. Any action authorized by this chapter may be brought in the county in which the defendant is found, is an inhabitant or transacts business, or in the county where the transaction took place, and in such cases, process may be served in any other county in which the defendant is an inhabitant or in which the defendant is found.
C. The commission may join the spouse in any action authorized by this chapter to determine the liability of the marital community. If at the time of the joinder pursuant to this subsection the defendant and the defendant's spouse are divorced, the commission may join the defendant's former spouse in an action only if clear and convincing evidence is presented that the former spouse knowingly benefitted from the violation.