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Senate Engrossed
firearms; contracts; prohibited practices |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SENATE BILL 1096 |
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An Act
amending title 35, chapter 2, Arizona Revised Statutes, by adding article 4; relating to handling of public funds.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 DIVESTMENTS
35-351. 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.