HB 2473 — firearms; contracts; prohibited practices

Fifty-fifthHouse LegislatureEngrossed Appropriationsfirearms; Second Regular Session H.B.

2473contracts; PROPOSED SENATE AMENDMENTS TO H.B.

2473prohibited (Referencepractices toState of Arizona House engrossedof bill)Representatives PageFifty-fifth 1,Legislature lineSecond 5,Regular afterSession theHOUSE firstBILL semicolon2473 insertAN "firearmACT tradeAMENDING associations;"TITLE Line35, 12,CHAPTER after2, "ENTITY"ARIZONA insertREVISED "ORSTATUTES, FIREARMBY TRADEADDING ASSOCIATION.ARTICLE 10;

ARELATING PUBLICTO ENTITYHANDLING COMPLIES WITH THE WRITTEN CERTIFICATION REQUIREMENT BY INCLUDING A WRITTEN CERTIFICATION THAT WAS SUBMITTED BY THE COMPANY AS PART OF THEPUBLIC PROCUREMENTFUNDS. PROCESS" Line 15, after "ENTITY" insert "OR FIREARM TRADE ASSOCIATION" Between lines 15 and 16, insert:

"C.(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.

SUBSECTION2473 ABe OFit THISenacted SECTIONby DOESthe NOTLegislature APPLYof TOthe AState CONTRACTof ENTEREDArizona: INTO BY A PUBLIC ENTITY IF EITHER:

Section 1.

Title 35, chapter 2, Arizona Revised Statutes, is amended by adding article 10, to read:

ARTICLE 10.

FIREARM DISCRIMINATION DIVESTMENTS 35-394.

Firearm entities;

discrimination;

prohibition;

definitions A.

A PUBLIC ENTITY 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 DOES NOT CURRENTLY, AND AGREES FOR THE DURATION OF THE CONTRACT THAT IT WILL NOT, DISCRIMINATE AGAINST A FIREARM ENTITY.

B.

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 DISCRIMINATE AGAINST A FIREARM ENTITY.

C.

FOR THE PURPOSES OF THIS SECTION:

THE"AMMUNITION" CONTRACTMEANS ISONE OR MORE LOADED CARTRIDGES CONSISTING OF A SOLEPRIMED SOURCECASE, CONTRACT.PROPELLANT AND WITH OR WITHOUT ONE OR MORE PROJECTILES.

THE"COMPANY" PUBLICMEANS AN ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, JOINT VENTURE, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER ENTITY DOESOR NOTBUSINESS RECEIVEASSOCIATION, INCLUDING A RESPONSIVEWHOLLY BIDOWNED FROMSUBSIDIARY, ANYMAJORITY-OWNED SUBSIDIARY, PARENT COMPANY OR AFFILIATE, THAT ISENGAGES ABLEIN TOFOR-PROFIT PROVIDEACTIVITY THEAND WRITTENTHAT CERTIFICATION.HAS TEN OR MORE FULL-TIME EMPLOYEES.

D.3.

THIS"DISCRIMINATE" SECTIONMEANS DOESTO: NOT APPLY TO A CONTRACT ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS SECTION." Reletter to conform Line 17, after "MEANS" strike remainder of line Strike line 18, insert "A LOADED CARTRIDGE OR SHOTSHELL, CASE, WAD, PRIMER, PROJECTILE OR PROPELLANT POWDER." Line 25, after the second quotation mark insert ":

(a)"(a) LineREFUSE 26,TO strikeENGAGE "(a)"IN insertTHE "(i)";TRADE OF ANY GOODS OR SERVICES.

after(b) "SERVICES"REFRAIN insertFROM "WITHCONTINUING AAN FIREARMEXISTING ENTITYBUSINESS ORRELATIONSHIP. FIREARM TRADE ASSOCIATION BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION" Senate Amendments to H.B.

2473(c) PageTERMINATE 1,AN lineEXISTING 27,BUSINESS strikeRELATIONSHIP. "(b)" insert "(ii)";

after(d) "RELATIONSHIP"OTHERWISE insertDISCRIMINATE "WITHAGAINST A FIREARMPERSON. ENTITY OR FIREARM TRADE ASSOCIATION BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION" Line 28, strike "(c)" insert "(iii)";

after4. "RELATIONSHIP" insert "WITH A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION" Strike line 29, insert:

"(b)"FIREARM" DOESMEANS NOTA INCLUDE:WEAPON THAT EXPELS A PROJECTILE BY THE ACTION OF AN EXPLOSIVE.

(i)5. FOLLOWING THE ESTABLISHED POLICIES OF A MERCHANT, RETAIL SELLER OR PLATFORM THAT RESTRICT OR PROHIBIT THE LISTING OR SELLING OF AMMUNITION, FIREARMS OR FIREARMS ACCESSORIES.

(ii)"FIREARM REFUSINGACCESSORY" TOMEANS ENGAGEBOTH: IN THE TRADE OF GOODS OR SERVICES, REFRAINING FROM CONTINUING AN EXISTING BUSINESS RELATIONSHIP OR TERMINATING AN EXISTING BUSINESS RELATIONSHIP IN ORDER TO COMPLY WITH A FEDERAL, STATE OR LOCAL LAW, POLICY, RULE OR REGULATION OR FOR ANY TRADITIONAL BUSINESS REASON THAT IS SPECIFIC TO THE FIREARM ENTITY OR FIREARM TRADE ASSOCIATION BUT IS NOT BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION." Line 31, after "EXPLOSIVE" insert "OR EXPANDING GASES" Line 36, after "DEVICE" insert ", INCLUDING A DETACHABLE MAGAZINE," Line 39, strike "ALL" insert "EITHER" Line 42, strike "A" insert "AN INDOOR OR OUTDOOR" Strike line 43 Page 2, strike lines 1 through 3 Renumber to conform -2- Senate Amendments to H.B.

2473(a) PageA 2,DEVICE lineTHAT 4,IS afterSPECIFICALLY theDESIGNED firstOR quotationADAPTED markTO insertENABLE "FIREARM"A AfterPERSON lineTO 14,WEAR insert:OR CARRY A FIREARM ON THE PERSON OR TO STORE OR MOUNT A FIREARM IN OR ON A CONVEYANCE.

"8.(b) AN ATTACHMENT OR DEVICE THAT IS SPECIFICALLY DESIGNED OR ADAPTED TO BE INSERTED INTO OR AFFIXED ONTO A FIREARM TO ENABLE, ALTER OR IMPROVE THE FUNCTIONING OR CAPABILITIES OF THE FIREARM.

"PUBLIC6. ENTITY":

(a)"FIREARM ENTITY" MEANS THISALL STATE, A POLITICAL SUBDIVISION OF THISTHE STATEFOLLOWING: OR AN AGENCY, BOARD, COMMISSION OR DEPARTMENT OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE.

(b)(a) DOES NOT INCLUDE A POLITICALFIREARM, SUBDIVISIONFIREARM THATACCESSORY OPERATESOR AAMMUNITION FEDERALMANUFACTURER, RECLAMATIONRETAILER, PROJECT."WHOLESALER, AmendSUPPLIER titleAND toDISTRIBUTOR. conform DAVID LIVINGSTON 24730918.docx 03/24/2022 09:18 AM S:

MG/slp(b) -3-A SHOOTING RANGE.

(c) A TRADE ASSOCIATION.

- 1 - H.B.

2473 7.