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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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CHAPTER 245
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HOUSE BILL 2558 |
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.42; amending Title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.22; amending Title 36, chapter 1, article 1, Arizona Revised Statutes, by adding section 36‑123.01; relating to drug disposal.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.42, to read:
9-500.42. Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition
A. A city or town may not:
1. Impose a tax, fee, assessment or charge on any consumer or owner or operator of a business to pay for or support a drug disposal program in the city's or town's jurisdiction.
2. Require an owner or operator of a business to establish, pay for or operate a drug disposal program in the city's or town's jurisdiction.
B. subsection a of this section does not prohibit a city or town from using other general fund monies for the purpose of operating a drug disposal program.
C. The establishment or regulation of a drug disposal program by an owner or operator of a business that complies with state and federal law and rules adopted pursuant to those laws is a matter of statewide concern and is not subject to further regulation by a city or town.
D. For the purposes of this section, "drug disposal program" means a program to collect, transport or dispose of prescription drugs, including controlled substances, nonprescription drugs, needles or sharps that are no longer wanted by the owner or that have been abandoned or discarded or are intended to be abandoned or discarded by the owner.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.22, to read:
11-269.22. Drug disposal programs; business assessments prohibited; restrictions; state preemption; definition
A. A county may not:
1. Impose a tax, fee, assessment or charge on any consumer or owner or operator of a business to pay for or support a drug disposal program in the county's jurisdiction.
2. Require an owner or operator of a business to establish, pay for or operate a drug disposal program in the county's jurisdiction.
B. The establishment or regulation of a drug disposal program by an owner or operator of a business that complies with state and federal law and rules adopted pursuant to those laws is a matter of statewide concern and is not subject to further regulation by a county.
C. This section does not prohibit the board of supervisors of a county from complying with the requirements of section 11‑269.20 relating to establishing at least one location in the county for the drop off of any legal or illegal drug or substance and drug paraphernalia.
D. For the purposes of this section, "drug disposal program" means a program to collect, transport or dispose of prescription drugs, including controlled substances, nonprescription drugs, needles or sharps that are no longer wanted by the owner or that have been abandoned or discarded or are intended to be abandoned or discarded by the owner.
Sec. 3. Title 36, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 36-123.01, to read:
36-123.01. Drug disposal education and awareness; controlled substances; public-private partnership; fund
A. On or before January 1, 2019, the department shall enter into a public‑private partnership to develop an education and awareness program regarding the disposal of prescription drugs, including controlled substances, nonprescription drugs, needles and sharps. The education and awareness program may include:
1. A web‑based resource that:
(a) Describes available drug disposal options, including drug disposal take‑back sites, drug disposal take‑back events, in‑home drug disposal options that render products safe from misuse and any other method that complies with state and federal laws and the rules adopted pursuant to those laws.
(b) May reduce the availability of unused controlled substances and may minimize the potential environmental impact of drug disposal options.
(c) Provides a list of drug disposal take‑back sites that may be sorted and searched by name or location.
(d) Provides a list of drug disposal take‑back events in this state, including the date, time and location information for each event.
(e) Describes appropriate disposal methods for needles and sharps and location sites providing for disposal of needles and sharps.
2. Educational activities designed to ensure consumer awareness of the safe storage and effective disposal of prescription drugs, including controlled substances, and nonprescription drugs.
B. The drug disposal education and awareness fund is established consisting of monies donated or contributed by private persons or organizations to the fund. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund shall be used to pay for the costs of administering the education and awareness program established pursuant to this section.
APPROVED BY THE GOVERNOR APRIL 17, 2018.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2018.