Arizona 2024 Regular Session

Arizona Senate Bill SCR1007 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Senate Engrossed~~ firearms; contracts; prohibited practices State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 ~~SENATE CONCURRENT RESOLUTION~~ 1007 A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to firearm discrimination practices. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: firearms; contracts; prohibited practices State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SCR 1007 Introduced by Senators Carroll: Bennett, Bolick, Borrelli, Farnsworth, Gowan, Hoffman, Kavanagh, Kern, Kerr, Mesnard, Petersen, Rogers, Shamp, Shope, Wadsack; Representatives Gillette, Livingston A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to firearm discrimination practices. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9		-	~~Senate Engrossed~~ firearms; contracts; prohibited practices
	9	+	REFERENCE TITLE: firearms; contracts; prohibited practices
10	10		State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
11		-	SENATE CONCURRENT RESOLUTION 1007
	11	+	SCR 1007
	12	+	Introduced by Senators Carroll: Bennett, Bolick, Borrelli, Farnsworth, Gowan, Hoffman, Kavanagh, Kern, Kerr, Mesnard, Petersen, Rogers, Shamp, Shope, Wadsack; Representatives Gillette, Livingston
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13		-	Senate Engrossed
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17		-	firearms; contracts; prohibited practices
	14	+	REFERENCE TITLE: firearms; contracts; prohibited practices
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43		-	SENATE CONCURRENT RESOLUTION 1007
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	46	+	Senators Carroll: Bennett, Bolick, Borrelli, Farnsworth, Gowan, Hoffman, Kavanagh, Kern, Kerr, Mesnard, Petersen, Rogers, Shamp, Shope, Wadsack; Representatives Gillette, Livingston
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53	64		A Concurrent Resolution
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57	68		enacting and ordering the submission to the people of a measure relating to firearm discrimination practices.
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63	74		(TEXT OF BILL BEGINS ON NEXT PAGE)
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67	78		Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring: 1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to firearm discrimination practices, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor: an act AMENDING TITLE 35, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 4; repealing title 35, chapter 2, article 4, Arizona Revised Statutes; RELATING TO firearm discrimination practices. Be it enacted by the Legislature of the State of Arizona: Section 1. Title 35, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read: ARTICLE 4. FIREARM DISCRIMINATION practices START_STATUTE35-351. Firearm entities; firearm trade associations; discrimination; prohibition; definitions A. A public entity may not enter into a contract with a value of $100,000 or more with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company does not currently, and agrees for the duration of the contract that it will not, discriminate against a firearm entity or firearm trade association. A public entity complies with the written certification requirement by including a written certification that was submitted by the company as part of the procurement process. B. A public entity may not adopt a procurement, an investment or any other policy that has the effect of inducing or requiring a person or company to discriminate against a firearm entity or firearm trade association. C. Subsection A of this section does not apply to a contract entered into by a public entity if either: 1. The contract is a sole source contract. 2. The public entity does not receive a responsive bid from any company that is able to provide the written certification. D. This section does not apply to a contract entered into before the effective date of this section. E. For the purposes of this section: 1. "Ammunition" means a loaded cartridge or shotshell, case, wad, primer, projectile or propellant powder. 2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees. 3. "Discriminate": (a) Means to: (i) Refuse to engage in trading any goods or services with a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association. (ii) Refrain from continuing an existing business relationship with a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association. (iii) Terminate an existing business relationship with a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association. (b) Does not include: (i) Following the established policies of a merchant, retail seller or platform that restrict or prohibit the advertising, listing or selling of ammunition, firearms or firearms accessories. (ii) Refusing to engage in trading goods or services, refraining from continuing an existing business relationship or terminating an existing business relationship in order to comply with a federal, state or local law, policy, rule or regulation or for any traditional business reason that is specific to the firearm entity or firearm trade association but is not based solely on its status as a firearm entity or firearm trade association. 4. "Firearm" means a weapon that expels a projectile by the action of an explosive or expanding gases. 5. "Firearm accessory" means both: (a) A device that is specifically designed or adapted to enable a person to wear or carry a firearm on the person or to store or mount a firearm in or on a conveyance. (b) An attachment or device, including a detachable magazine, that is specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm. 6. "Firearm entity" means either of the following: (a) A firearm, firearm accessory or ammunition manufacturer, retailer, wholesaler, supplier or distributor. (b) An indoor or outdoor shooting range. 7. "Firearm trade association" means any person, corporation, unincorporated association, federation, business league or professional or business organization that: (a) Is Not organized or operated for profit and for which no part of its net earning inures to the benefit of any private shareholder or individual. (b) Is an organization described in 26 United States Code section 501(c)(6) and is exempt from tax pursuant to 26 United States code section 501(a). (c) Has two or more members who are firearm, firearm accessory or ammunition manufacturers or sellers. 8. "Public entity": (a) means this state, a political subdivision of this state or an agency, board, commission or department of this state or a political subdivision of this state. (b) Does not include a political subdivision that operates a federal reclamation project. Sec. 2. Delayed repeal Title 35, chapter 2, article 4, as added by this act, is repealed from and after December 31, 2032. END_STATUTE 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
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69	80		Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
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71	82		1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to firearm discrimination practices, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
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73	84		an act
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75	86		AMENDING TITLE 35, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 4; repealing title 35, chapter 2, article 4, Arizona Revised Statutes; RELATING TO firearm discrimination practices.
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77	88		Be it enacted by the Legislature of the State of Arizona:
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79	90		Section 1. Title 35, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:
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81	92		ARTICLE 4. FIREARM DISCRIMINATION practices
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83	94		START_STATUTE35-351. Firearm entities; firearm trade associations; discrimination; prohibition; definitions
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85	96		A. A public entity may not enter into a contract with a value of $100,000 or more with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company does not currently, and agrees for the duration of the contract that it will not, discriminate against a firearm entity or firearm trade association. A public entity complies with the written certification requirement by including a written certification that was submitted by the company as part of the procurement process.
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87	98		B. A public entity may not adopt a procurement, an investment or any other policy that has the effect of inducing or requiring a person or company to discriminate against a firearm entity or firearm trade association.
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89	100		C. Subsection A of this section does not apply to a contract entered into by a public entity if either:
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91	102		1. The contract is a sole source contract.
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93	104		2. The public entity does not receive a responsive bid from any company that is able to provide the written certification.
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95	106		D. This section does not apply to a contract entered into before the effective date of this section.
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97	108		E. For the purposes of this section:
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99	110		1. "Ammunition" means a loaded cartridge or shotshell, case, wad, primer, projectile or propellant powder.
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101	112		2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.
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103	114		3. "Discriminate":
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105	116		(a) Means to:
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107	118		(i) Refuse to engage in trading any goods or services with a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association.
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109	120		(ii) Refrain from continuing an existing business relationship with a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association.
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111	122		(iii) Terminate an existing business relationship with a firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association.
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113	124		(b) Does not include:
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115	126		(i) Following the established policies of a merchant, retail seller or platform that restrict or prohibit the advertising, listing or selling of ammunition, firearms or firearms accessories.
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117	128		(ii) Refusing to engage in trading goods or services, refraining from continuing an existing business relationship or terminating an existing business relationship in order to comply with a federal, state or local law, policy, rule or regulation or for any traditional business reason that is specific to the firearm entity or firearm trade association but is not based solely on its status as a firearm entity or firearm trade association.
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119	130		4. "Firearm" means a weapon that expels a projectile by the action of an explosive or expanding gases.
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121	132		5. "Firearm accessory" means both:
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123	134		(a) A device that is specifically designed or adapted to enable a person to wear or carry a firearm on the person or to store or mount a firearm in or on a conveyance.
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125	136		(b) An attachment or device, including a detachable magazine, that is specifically designed or adapted to be inserted into or affixed onto a firearm to enable, alter or improve the functioning or capabilities of the firearm.
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127	138		6. "Firearm entity" means either of the following:
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129	140		(a) A firearm, firearm accessory or ammunition manufacturer, retailer, wholesaler, supplier or distributor.
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131	142		(b) An indoor or outdoor shooting range.
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133	144		7. "Firearm trade association" means any person, corporation, unincorporated association, federation, business league or professional or business organization that:
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135	146		(a) Is Not organized or operated for profit and for which no part of its net earning inures to the benefit of any private shareholder or individual.
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137	148		(b) Is an organization described in 26 United States Code section 501(c)(6) and is exempt from tax pursuant to 26 United States code section 501(a).
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139	150		(c) Has two or more members who are firearm, firearm accessory or ammunition manufacturers or sellers.
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141	152		8. "Public entity":
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143	154		(a) means this state, a political subdivision of this state or an agency, board, commission or department of this state or a political subdivision of this state.
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145	156		(b) Does not include a political subdivision that operates a federal reclamation project.
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147	158		Sec. 2. Delayed repeal
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149	160		Title 35, chapter 2, article 4, as added by this act, is repealed from and after December 31, 2032. END_STATUTE
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151	162		2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.