ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: COM DPA 4-2-1-0 | 3rd Read DPA 16-13-1-0-0

House: JUD DP 5-3-0-0-0-0 | 3rd Read DP 31-29-0-0-0


SB 1096: firearms; contracts; prohibited practices

Sponsor: Senator Carroll, LD 28

Transmitted to the Governor

Overview

Prohibits a public entity from entering into a contract 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, and will not, discriminate against a firearm entity or firearm trade association.

History

Current law prohibits the state, a political subdivision of the state or an agency, board, commission or department (public entity) from entering into or renewing a contract under specific circumstances. For example, public entities 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 is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods and services from Israel. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person or company to boycott Israel (A.R.S §§ 35-393 and 35-393.01).

Statute also prohibits a public entity from entering into or renewing a contract with a company to acquire or dispose of services, supplies, information technology, goods 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, use:

1)   The forced labor of ethnic Uyghurs in the People's Republic of China;

2)   Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China; or

3)   Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China (A.R.S. § 35-394).

Provisions

1.   Prohibits a public entity from entering 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.☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note(Sec. 1)

2.   Allows a public entity to comply with the certification requirement by including a written certification submitted by the company as part of the procurement process. (Sec. 1)

3.   Prohibits a public entity from adopting 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. (Sec. 1)

4.   Exempts a contract that a public entity enters into from the written certification requirement if any of the following circumstances are present:

a)   The contract is a sole source contract;

b)   The public entity does not receive a responsive bid from any company that is able to provide the written certification; or

c)   The contract was entered into before the effective date of this legislation. (Sec. 1)

5.   Defines ammunition, company, discriminate, firearm, firearm accessory, firearm entity, firearm trade association and public entity. (Sec. 1)

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9.                     SB 1096

10.  Initials JL   Page 0 Transmitted to the Governor

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