Bill Number: S.B.
1402
Shooter Floor Amendment
Amendment drafted by: Tony DeMarco
FLOOR AMENDMENT EXPLANATION
S.B. 1402 creates the following special license plates: Law Enforcement, Youth Development Organization and Don’t Tread On Me.
The Shooter Floor Amendment specifies the nonprofit organizations that are required to provide the $32,000 implementation fee to the Arizona Department of Transportation, and clarifies the organization that is eligible to receive Law Enforcement plate proceeds.
The amendment requires the Don’t Tread On Me special plates (DTM plate) implementation fee to be paid using State Highway monies. The State Highway Fund will be reimbursed from plate proceeds. The amendment also prescribes the design of the DTM plate and establishes the DTM Special Plate Fund (DTM Fund).
A five-member, Arizona Tea Party Committee (Committee) is created to administer the DTM Fund.
A grant program is established to distribute monies in the DTM Fund and the Committee is authorized to administer the grant program. The Committee is responsible for reviewing applications, making awards and maintaining records of its decisions. The application review criteria and an appeals process are included.
The Committee has to provide public notice of grant application requests and also provide annual reports to the Governor and Legislature that details expenditures and the names of all grantees. Grantees must maintain records of their expenditures and provide that information to the Committee on request.
SHOOTER FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1402
(Reference to printed bill)
Page 2, line 41, strike “and” insert a comma; after “28-2439” insert “, 28-2439.01 and 28-2439.02”
Line 43, after "entity" insert "described in subsection E of this section"
Page 3, line 19, after the period strike remainder of line
Strike lines 20 through 22
Line 24, after “SHALL” strike remainder of line
Strike lines 25 through 30 and insert "annually allocate monies from the fund to the entity in this state that paid the implementation fee to the department pursuant to subsection A of this section. The entity must be an incorporated nonprofit corporation that is qualified under section 501(c)(5) of the United States internal revenue code for federal income tax purposes and must be a professional association comprised of SINGULAR INDEPENDENT POLICE, CORRECTIONS AND DETENTION LABOR ASSOCIATIONS IN THIS STATE AND THAT HAS A PRIMARY MISSION OF REPRESENTING THOSE ASSOCIATIONS BEFORE THE STATE LEGISLATURE AND LOCAL GOVERNMENTS ON ISSUES THAT AFFECT THE WORKING LAW ENFORCEMENT OFFICER, INCLUDING ISSUES RELATING TO MEMBER BENEFITS, MEMBER RIGHTS, member PAY, EQUIPMENT, LEGISLATION AND FAIR TREATMENT."
Line 35, after "entity" insert "described in subsection E of this section"
Page 4, line 13, after the period strike remainder of line
Strike lines 14 through 16
Line 17, strike “COST OF ADMINISTERING THE FUND.”
Line 19, strike "select" insert "annually allocate monies from the fund to the entity in this state that paid the implementation fee to the department pursuant to subsection A of this section. The entity must be an incorporated nonprofit corporation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and must be"
Page 4, line 23, strike "organization" insert "incorporated nonprofit corporation"
Line 25, after the period strike remainder of line
Strike line 26
Line 31, after "A." strike remainder of line
Strike lines 32 through 35
Line 36, strike “COLOR” insert "The department shall issue don't tread on me special plates. the department shall use thirty-two thousand dollars from the state highway fund, established by section 28-6991, to implement this section. the arizona tea party committee established by section 28-2439.01 shall design THE DON’T TREAD ON ME SPECIAL PLATES, EXCEPT THAT the BACKGROUND OF the DON’T TREAD ON ME SPECIAL PLATES SHALL BE THE IMAGE AND COLOR OF THE GADSDEN FLAG. THE DESIGN"; strike “ARE” insert “IS”
Page 5, lines 2 and 3, strike "and all donations collected pursuant to this section"
Line 4, after "28‑6991" insert "and all donations collected pursuant to this section in the don't tread on me special plateS fund established by section 28-2439.02"
Between lines 4 and 5, insert:
"28-2439.01. Arizona tea party committee
A. the arizona tea party committee is established consisting of the following five members who reside in this state and who are united states citizens:
1. one member who is appointed by the president of the senate and who is the director of an incorporated nonprofit corporation that is qualified under section 501(c)(3) or 501(c)(4) of the united states internal revenue code for federal income tax purposes and that has a mission of bringing together, empowering and training tea party groups and that has affiliated members that represent diverse geographical locations throughout this state.
2. two members who are appointed by the president of the senate AND WHO
EACH REPRESENT AN ORGANIZATION in this state THAT PROMOTES THE TEA PARTY GOVERNING PRINCIPLES OF FISCAL RESPONSIBILITY, LIMITED GOVERNMENT AND FREE MARKETS. ONE OF THE TWO MEMBERS MUST RESIDE IN A COUNTY WITH A POPULATION OF MORE THAN ONE HUNDRED SIXTY THOUSAND PERSONS BUT LESS THAN ONE HUNDRED SIXTY SEVEN THOUSAND PERSONS.
3. two members who are appointed by the speaker of the house of representatives AND WHO EACH REPRESENT AN ORGANIZATION in this state THAT PROMOTES THE TEA PARTY GOVERNING PRINCIPLES OF FISCAL RESPONSIBILITY, LIMITED GOVERNMENT AND FREE MARKETS.
b. the arizona tea party committee members shall serve five year terms.
c. the committee shall:
1. distribute monies from the don’t tread on me special plates fund established by section 28-2439.02.
2. submit a written report to the governor, the president of the senate and the speaker of the house of representatives pursuant to section 28-2439.02.
3. no later than sixty days before the expiration of a member's term, deliver a list of at least two, but no more than five, candidates to the president of the senate or the speaker of the house of representatives in order to fill a vacancy on the committee. the president of the senate or the speaker of the house of representatives shall select and appoint a member to the committee from the list submitted by the committee.
d. members of the committee are not eligible to receive compensation or reimbursement of expenses.
28-2439.02. Don’t tread on me special plates fund; grants; definition
a. the don’t tread on me special plates fund is established consisting of monies received pursuant to section 28-2439. the arizona tea party committee shall administer the fund. the first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28-6991. NOT MORE THAN TEN PER CENT OF MONIES DEPOSITED IN THE FUND ANNUALLY SHALL BE USED FOR THE COST OF ADMINISTERING THE FUND and the grant program pursuant to this section. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED.
B. THE ARIZONA TEA PARTY COMMITTEE SHALL ALLOCATE MONIES TO QUALIFYING ENTITIES IN THIS STATE THAT USE MONIES TO PROMOTE TEA PARTY GOVERNING PRINCIPLES. THE ARIZONA TEA PARTY COMMITTEE SHALL ANNUALLY DISTRIBUTE ALL MONIES DEPOSITED IN THE DON’T TREAD ON ME SPECIAL PLATES FUND, EXCLUDING ADMINISTRATIVE FEES, TO ANY QUALIFYING ENTITIES. FUNDS AWARDED PURSUANT TO THIS SECTION must BE USED for the purposes for which the monies were awarded.
C. ON NOTICE FROM THE ARIZONA TEA PARTY COMMITTEE, THE STATE TREASURER SHALL INVEST AND DIVEST MONIES IN THE FUND AS PROVIDED BY SECTION 35-313, AND MONIES EARNED FROM INVESTMENT SHALL BE CREDITED TO THE FUND.
D. MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.
E. BEFORE ALLOCATING MONIES PURSUANT TO SUBSECTION B OF THIS SECTION:
1. THE ARIZONA TEA PARTY COMMITTEE SHALL establish a grant program to distribute fund monies and PREPARE AND ISSUE A request for grant APPLICATION THAT INCLUDES AT LEAST THE FOLLOWING INFORMATION:
(a) a description of the intended uses of grant monies.
(b) whether a single award or multiple awards may be made.
(c) the criteria or factors under which an application will be evaluated for award and the relative importance of each criteria or factor.
(d) the due date for submittal of an application and the anticipated time the awards may be made.
(e) any additional information required by the committee.
2. adequate public notice of request for grant application shall be given a reasonable time before the date set forth in the request for application.
3. a grant application shall be publicly received at the time and place designated in the request for grant application. the name of each applicant
shall be publicly recorded. all other information in the application is confidential during the process of evaluation. All applications shall be open for public inspection after grant monies are awarded.
4. an application shall be evaluated by at least three members of the arizona tea party committee. the members shall review each application based solely on the evaluation criteria or factors set forth in the request for grant application.
5. the arizona tea party committee may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of grant applications.
6. the arizona tea party committee may resolve protests of the award or proposed award of a grant. an appeal from a decision of the arizona tea party committee may be made to the director of the department of administration. a protest of an award or proposed award of a grant and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to section 41-2611.
f. on or before december 31 of each year, the arizona tea party committee shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year. the report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund. the committee shall provide a copy of the report to the secretary of state.
g. the arizona tea party committee shall make available to the public a list of all grants awarded pursuant to this section on request.
h. qualifying entities shall maintain a written record of all expenditures made using grant monies and shall furnish those records on the request of the arizona tea party committee. the arizona tea party committee may request and review the written records maintained by qualified entities.
i. for the purposes of this section, “qualifying entity” means an organization that FOSTERS tea party governing principles, INCLUDING all of the following:
1. to promote the constitution of the united states as the supreme law of the land through education and preservation of the founding principles of the constitution of the united states.
2. to PROTECT state sovereignty, as provided for under the tenth amendment of the constitution of the united states.
3. to ADHERE TO the tenets of limited government, free enterprise for businesses and fiscal responsibility by federal, state and local governments.
4. to stand for the security of borders with other nations for the stability and safety of the united states."
Page 6, line 37, strike “section SECTIONS” insert “section”; after “28-2430” strike remainder of line
Line 38, strike “28-2439”
Page 6, between lines 40 and 41, insert:
"22. Monies deposited pursuant to section 28‑2439.02."
Page 7, between lines 39 and 40, insert:
"13. To pay the costs of issuing don't tread on me special plates pursuant to section 28‑2439."
Page 8, after line 24, insert:
"Sec. 7. Initial terms of members of the Arizona tea party committee
A. Notwithstanding section 28‑2439.01, Arizona Revised Statutes, as added by this act, the initial terms of members are:
1. One term ending January 1, 2013.
2. Two terms ending January 1, 2014.
3. Two terms ending January 1, 2015.
B. The president of the senate and the speaker of
the house of
representatives shall make all subsequent appointments as prescribed by
statute."
Amend title to conform