SB 1096 — firearms; contracts; prohibited practices

Fifty-sixthSenate LegislatureEngrossed Commercefirearms; First Regular Session S.B.

1096contracts; PROPOSED SENATE AMENDMENTS TO S.B.

1096prohibited (Referencepractices toState printedof bill)Arizona PageSenate 2,Fifty-sixth lineLegislature 6,First afterRegular "THE"Session insertSENATE "ADVERTISING,"BILL Amend1096 titleAN toACT conformAMENDING STEVETITLE KAISER35, 1096KAISER.docxCHAPTER 01/31/20232, 9:14ARIZONA AMREVISED C:STATUTES, BY ADDING ARTICLE 4;

MEBRELATING TO HANDLING OF PUBLIC FUNDS.

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.

1096 Be it enacted by the Legislature of the State of Arizona:

Section 1.

Title 35, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:

ARTICLE 4.

FIREARM DISCRIMINATION DIVESTMENTS 35-351.

Firearm entities;

firearm trade associations;

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 OR FIREARM TRADE ASSOCIATION.

A PUBLIC ENTITY COMPLIES WITH THE WRITTEN CERTIFICATION REQUIREMENT BY INCLUDING A WRITTEN CERTIFICATION THAT WAS SUBMITTED BY THE COMPANY AS PART OF THE PROCUREMENT PROCESS.

B.

A PUBLIC ENTITY MAY NOT ADOPT 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.

C.

SUBSECTION A OF THIS SECTION DOES NOT APPLY TO A CONTRACT ENTERED INTO BY A PUBLIC ENTITY IF EITHER:

1.

THE CONTRACT IS A SOLE SOURCE CONTRACT.

2.

THE PUBLIC ENTITY DOES NOT RECEIVE A RESPONSIVE BID FROM ANY COMPANY THAT IS ABLE TO PROVIDE THE WRITTEN CERTIFICATION.

D.

THIS SECTION DOES NOT APPLY TO A CONTRACT ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS SECTION.

E.

FOR THE PURPOSES OF THIS SECTION:

1.

"AMMUNITION" MEANS A LOADED CARTRIDGE OR SHOTSHELL, CASE, WAD, PRIMER, PROJECTILE OR PROPELLANT POWDER.

2.

"COMPANY" MEANS AN ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, JOINT VENTURE, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER ENTITY OR BUSINESS ASSOCIATION, INCLUDING A WHOLLY OWNED SUBSIDIARY, MAJORITY-OWNED SUBSIDIARY, PARENT COMPANY OR AFFILIATE, THAT ENGAGES IN FOR-PROFIT ACTIVITY AND THAT HAS TEN OR MORE FULL-TIME EMPLOYEES.

3.

"DISCRIMINATE":

(a) MEANS TO:

(i) REFUSE TO ENGAGE IN TRADING ANY GOODS OR SERVICES WITH A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION.

(ii) REFRAIN FROM CONTINUING AN EXISTING BUSINESS RELATIONSHIP WITH A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION.

- 1 - S.B.

1096 (iii) TERMINATE AN EXISTING BUSINESS RELATIONSHIP WITH A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION BASED SOLELY ON ITS STATUS AS A FIREARM ENTITY OR FIREARM TRADE ASSOCIATION.