First Regular Session H.B. 2258
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2258
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-772, Arizona Revised Statutes, is amended to read:
36-772. Health education account; purposes; evaluation; reports
A. In addition to the monies deposited pursuant to section 36‑770, twenty‑three cents of each dollar in the tobacco tax and health care fund shall be deposited in the health education account for programs for the prevention and reduction of tobacco and marijuana use, through public health education programs, including community based community‑based education, cessation, evaluation and other programs to discourage tobacco and marijuana use among the general population as well as minors and culturally diverse populations.
B. The department of health services shall administer the account.
C. Except as provided in subsection D of this section, monies that are deposited in the health education account:
1. Shall be used to supplement monies that are appropriated by the legislature for health education purposes and shall not be used to supplant those appropriated monies.
2. Shall be spent for the following purposes:
(a) Contracts with county health departments, qualifying community health centers as defined in section 36‑2907.06, Indian tribes, accredited schools, nonprofit organizations, community colleges and universities for education programs related to preventing and reducing tobacco and marijuana use.
(b) Administrative expenditures related to implementing and operating a program developed pursuant to subdivision (a) of this paragraph to award and oversee contracts for education programs, including obtaining expert services to assist in evaluating requests for proposals and responses to those requests.
(c) Department of health services expenditures for developing and delivering education programs that are designed to prevent or reduce tobacco and marijuana use, including radio, television or print media costs. The programs shall emphasize the possible dangers of secondhand tobacco and marijuana smoke, emergency health issues for persons or animals caused by ingesting food containing marijuana and potential negative impacts to cognitive development caused by the use of tobacco and marijuana. When contracting for the development and production of original advertising materials, the department shall require advertising, production and editorial firms to use their best efforts to employ or contract with residents of this state to manage, produce and edit the original advertising. The department shall report annually by December 1 to the governor, the president of the senate and the speaker of the house of representatives regarding instances when the department did not employ or contract with residents of this state, including the reasons for failing to do so.
(d) The evaluations required by subsection F of this section.
D. The department of health services shall use monies deposited in the account pursuant to section 36‑770 for the prevention and early detection of the four leading disease related disease‑related causes of death in this state, as periodically determined by the centers for disease control and prevention, or its successor agency. Initially, these are cancer, heart disease, stroke and pulmonary disease. The monies shall only be used to supplement monies that are appropriated by the legislature and shall not be used to supplant those appropriated monies.
E. Monies from the health education account shall not be spent for lobbying activities involving elected officials or political campaigns for individuals or any ballot measure.
F. The department of health services shall evaluate the programs established pursuant to subsection C, paragraph 2 of this section and shall biennially submit a written report of its findings once every two years to the governor, the president of the senate and the speaker of the house of representatives. The department of health services shall provide a copy of each report to the secretary of state and the director of the Arizona state library, archives and public records. The department of health services shall submit its first report on or before November 15, 2004. The first report shall include data beginning in fiscal year 2001‑2002.
Sec. 2. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2803, Arizona Revised Statutes, is amended to read:
36-2803. Rulemaking; notice
A. The department shall adopt rules:
1. Governing the manner in which the department considers petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36‑2801, paragraph 3, including public notice of, and an opportunity to comment in a public hearing on, petitions.
2. Establishing the form and content of registration and renewal applications submitted under this chapter.
3. Governing the manner in which the department considers applications for and renewals of registry identification cards.
4. Governing nonprofit medical marijuana dispensaries, for the purpose of protecting against diversion and theft without imposing an undue burden on nonprofit medical marijuana dispensaries or compromising the confidentiality of cardholders, including:
(a) The manner in which the department considers applications for and renewals of registration certificates.
(b) Minimum oversight requirements for nonprofit medical marijuana dispensaries.
(c) Minimum recordkeeping requirements for nonprofit medical marijuana dispensaries.
(d) Minimum security requirements for nonprofit medical marijuana dispensaries, including requirements for protection of each registered nonprofit medical marijuana dispensary location by a fully operational security alarm system.
(e) Procedures for suspending or revoking the registration certificate of nonprofit medical marijuana dispensaries that violate this chapter or the rules adopted pursuant to this section.
5. Establishing application and renewal fees for registry identification cards and nonprofit medical marijuana dispensary registration certificates, according to the following:
(a) The total amount of all fees shall generate revenues sufficient to implement and administer this chapter, except that fee revenue may be offset or supplemented by private donations.
(b) Nonprofit medical marijuana dispensary application fees may not exceed $5,000.
(c) Nonprofit medical marijuana dispensary renewal fees may not exceed $1,000.
(d) The total amount of revenue from nonprofit medical marijuana dispensary application and renewal fees and registry identification card fees for nonprofit medical marijuana dispensary agents shall be sufficient to implement and administer the nonprofit medical marijuana dispensary provisions of this chapter, including the verification system, except that the fee revenue may be offset or supplemented by private donations.
(e) The department may establish a sliding scale of patient application and renewal fees based on a qualifying patient's household income.
(f) The department may consider private donations under section 36‑2817 to reduce application and renewal fees.
B. The department of health services shall adopt rules that require each nonprofit medical marijuana dispensary to display in a conspicuous location a sign that warns pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report. The sign shall also warn of the possible dangers of secondhand marijuana smoke, emergency health issues for persons or animals caused by ingesting food containing marijuana and potential negative impacts to cognitive development caused by the use of marijuana. The rules shall include the specific warning language that must be included on the sign. The cost and display of the sign required by rule shall be borne by the nonprofit medical marijuana dispensary. The rules shall also require each certifying physician to attest that the physician has provided information to:
1. Each qualifying female patient that warns about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report.
2. Each qualifying patient that warns about the possible dangers of secondhand marijuana smoke, emergency health issues for persons or animals caused by ingesting food containing marijuana and potential negative impacts to cognitive development caused by the use of marijuana.
C. The department is authorized to adopt the rules set forth in subsections A and B of this section and shall adopt those rules pursuant to title 41, chapter 6.
D. The
department of health services shall post prominently on its public website a
warning about the potential dangers to fetuses caused by smoking or ingesting
marijuana while pregnant or to infants while breastfeeding, and the risk of being reported to the department of
child safety during pregnancy or at the birth of the child by persons who are
required to report,
the possible dangers of secondhand marijuana smoke, the emergency
health issues for persons or animals caused by ingesting food containing
marijuana and the potential negative impacts to cognitive development caused by
the use of marijuana.
Sec. 3. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 36-772 and 36-2803, Arizona Revised Statutes, as amended by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature."
Amend title to conform