ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: MAPS DP 4-3-0-0 | 3rd Read DP 16-13-1-0


SCR1007: firearms; contracts; prohibited practices

Sponsor: Senator Carroll, LD 28

Committee on Judiciary

Overview

Directs the Secretary of State to submit a proposition to the voters adding a new section of statute prohibiting public entities from entering into specified contracts relating to firearm discrimination.

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.   Adds a new article to ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Notestatute that prohibits a public entity from entering into a contract, valued at $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 a firearm trade association. (Sec. 1)

2.   Specifies that a public entity complies with the written certification requirement by including a written certification submitted by the company as part of the procurement process. (Sec. 1)

3.   Stipulates that a public entity cannot adopt a procurement, an investment or any other policy that requires a person or company to discriminate against a firearm entity or a firearm trade association. (Sec. 1)

4.   States that the written certification requirement does not apply to contracts made by a public entity if:

a)   the contract is a sole source contract; or

b)   the public entity does not receive a responsive bid from any company that is able to provide the written certification. (Sec. 1)

5.   Adds that this section does not apply to contracts established before the effective date of this act. (Sec. 1)

6.   Defines pertinent terms. (Sec. 1)

7.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires the Secretary of State to submit the proposition to the voters at the next general election. (Sec. 2)

8.   Repeals this act on January 1, 2033. (Sec. 2)

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12.                    SCR 1007

13.  Initials JL/IG       Page 0 Judiciary

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