Page 2, line 41, strike “and” insert a
comma; after “28-2439” insert “, 28-2439.01 and 28-2439.02”
Line 43, after "entity" insert "described in subsection E of this section"
Page 3, line 19, after the period strike remainder of line
Strike lines 20 through 22
Line 24, after “SHALL” strike
remainder of line
Strike lines 25 through 30 and insert "annually allocate monies from the fund to the entity in this
state that paid the implementation fee to the department pursuant to subsection
A of this section. The entity must be an incorporated nonprofit corporation
that is qualified under section 501(c)(5) of the United States internal revenue code for federal
income tax purposes and must be a professional association comprised of
SINGULAR INDEPENDENT POLICE,
CORRECTIONS AND DETENTION LABOR ASSOCIATIONS IN THIS STATE AND THAT HAS A
PRIMARY MISSION OF REPRESENTING THOSE ASSOCIATIONS BEFORE THE STATE LEGISLATURE
AND LOCAL GOVERNMENTS ON ISSUES THAT AFFECT THE WORKING LAW ENFORCEMENT
OFFICER, INCLUDING ISSUES RELATING TO MEMBER BENEFITS, MEMBER RIGHTS, member PAY,
EQUIPMENT, LEGISLATION AND FAIR TREATMENT."
Line 35, after "entity"
insert "described in subsection E
of this section"
Page 4, line 13, after the period strike remainder of line
Strike lines 14 through 16
Line 17, strike “COST OF ADMINISTERING
THE FUND.”
Line 19, strike "select"
insert "annually allocate monies
from the fund to the entity in this state that paid the implementation fee to
the department pursuant to subsection A of this section. The entity must be an
incorporated nonprofit corporation that is qualified under section 501(c)(3) of the United States internal revenue
code for federal income tax purposes and must be"
Page 4, line 23, strike "organization" insert "incorporated nonprofit corporation"
Line 25, after the period strike remainder of line
Strike line 26
Line 31, after "A." strike remainder of line
Strike lines 32 through 35
Line 36, strike “COLOR” insert "The department shall issue don't tread on me special
plates. the department shall use thirty-two thousand dollars from the state highway fund, established by section 28-6991, to implement this section. the arizona tea party committee established by section 28-2439.01 shall design THE DON’T TREAD
ON ME SPECIAL PLATES, EXCEPT THAT the BACKGROUND OF the DON’T TREAD ON ME SPECIAL PLATES SHALL BE THE IMAGE AND
COLOR OF THE GADSDEN FLAG. THE DESIGN"; strike “ARE” insert “IS”
Page 5, lines 2 and 3, strike "and all donations collected pursuant to this section"
Line 4, after "28‑6991"
insert "and all donations
collected pursuant to this section in the don't tread on me special plateS fund
established by section 28-2439.02"
Between lines 4 and 5, insert:
"28-2439.01. Arizona tea party committee
A. the arizona tea party committee is established consisting of the following five members who
reside in this state and who are united states citizens:
1. one member who is
appointed by the president of the senate and who is the director of an
incorporated nonprofit corporation that is qualified under section 501(c)(3) or 501(c)(4) of the united states internal revenue code for federal income
tax purposes and that has a mission of bringing together, empowering and
training tea party groups and that has affiliated members that represent
diverse geographical locations throughout this state.
2. two members who are
appointed by the president of the senate AND WHO
EACH
REPRESENT AN ORGANIZATION in this state THAT PROMOTES THE TEA PARTY GOVERNING
PRINCIPLES OF FISCAL RESPONSIBILITY, LIMITED GOVERNMENT AND FREE MARKETS. ONE
OF THE TWO MEMBERS MUST RESIDE IN A COUNTY WITH A POPULATION OF MORE THAN ONE
HUNDRED SIXTY THOUSAND PERSONS BUT LESS THAN ONE HUNDRED SIXTY SEVEN THOUSAND
PERSONS.
3. two members who are
appointed by the speaker of the house of representatives AND WHO EACH REPRESENT AN ORGANIZATION in
this state THAT PROMOTES THE TEA PARTY GOVERNING PRINCIPLES OF FISCAL
RESPONSIBILITY, LIMITED GOVERNMENT AND FREE MARKETS.
b. the arizona tea party committee members shall serve five year terms.
c. the committee shall:
1. distribute monies
from the don’t tread on me special plates fund established by section
28-2439.02.
2. submit a written
report to the governor, the president of the senate and the speaker of the
house of representatives pursuant to section 28-2439.02.
3. no later than sixty
days before the expiration of a member's term, deliver a list of at least two,
but no more than five, candidates to the president of the senate or the speaker
of the house of representatives in order to fill a vacancy on the committee.
the president of the senate or the speaker of the house of representatives
shall select and appoint a member to the committee from the list submitted by
the committee.
d. members of the
committee are not eligible to receive compensation or reimbursement of
expenses.
28-2439.02. Don’t tread on me special plates fund; grants; definition
a. the don’t tread on
me special plates fund is established consisting of monies received pursuant to
section 28-2439. the arizona tea party committee shall administer the fund. the
first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28-6991. NOT MORE THAN TEN PER CENT OF MONIES
DEPOSITED IN THE FUND ANNUALLY SHALL BE USED FOR THE COST OF ADMINISTERING THE
FUND and the grant program pursuant to this section. MONIES IN THE FUND ARE
CONTINUOUSLY APPROPRIATED.
B. THE ARIZONA TEA PARTY COMMITTEE SHALL ALLOCATE MONIES TO QUALIFYING ENTITIES IN THIS STATE THAT
USE MONIES TO PROMOTE TEA PARTY GOVERNING PRINCIPLES. THE ARIZONA TEA PARTY
COMMITTEE SHALL ANNUALLY DISTRIBUTE ALL MONIES DEPOSITED IN THE DON’T TREAD ON
ME SPECIAL PLATES FUND, EXCLUDING ADMINISTRATIVE FEES, TO ANY QUALIFYING
ENTITIES. FUNDS AWARDED PURSUANT TO THIS SECTION must BE USED for the purposes
for which the monies were awarded.
C. ON NOTICE FROM THE
ARIZONA TEA PARTY COMMITTEE, THE STATE TREASURER SHALL INVEST AND DIVEST MONIES
IN THE FUND AS PROVIDED BY SECTION 35-313, AND MONIES EARNED FROM INVESTMENT
SHALL BE CREDITED TO THE FUND.
D. MONIES IN THE FUND
ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF
APPROPRIATIONS.
E. BEFORE ALLOCATING
MONIES PURSUANT TO SUBSECTION B OF THIS SECTION:
1. THE ARIZONA TEA PARTY COMMITTEE SHALL establish a grant program to distribute fund monies and
PREPARE AND ISSUE A request for grant APPLICATION THAT INCLUDES AT LEAST THE
FOLLOWING INFORMATION:
(a) a description of
the intended uses of grant monies.
(b) whether a single
award or multiple awards may be made.
(c) the criteria or
factors under which an application will be evaluated for award and the relative
importance of each criteria or factor.
(d) the due date for
submittal of an application and the anticipated time the awards may be made.
(e) any additional
information required by the committee.
2. adequate public
notice of request for grant application shall be given a reasonable time before
the date set forth in the request for application.
3. a grant application
shall be publicly received at the time and place designated in the request for
grant application. the name of each applicant
shall
be publicly recorded. all other information in the application is confidential
during the process of evaluation. All applications shall be open for public
inspection after grant monies are awarded.
4. an application shall
be evaluated by at least three members of the arizona tea party committee. the
members shall review each application based solely on the evaluation criteria
or factors set forth in the request for grant application.
5. the arizona tea party committee may enter into agreements with other state governmental units
to furnish assistance in conducting the solicitation of grant applications.
6. the arizona tea party committee may resolve protests of the award or proposed award of a grant.
an appeal from a decision of the arizona tea party committee may be made to the
director of the department of administration. a protest of an award or proposed
award of a grant and any appeals shall be resolved in accordance with the rules
of procedure adopted by the department of administration pursuant to section
41-2611.
f. on or before
december 31 of each year, the arizona tea party committee shall submit a
written report to the governor, the president of the senate and the speaker of
the house of representatives on all expenditures made from the fund in that
calendar year. the report shall include all administrative expenses, all grants
of monies, the names of grantees and any remaining balance in the fund. the
committee shall provide a copy of the report to the secretary of state.
g. the arizona tea party committee shall make available to the public a list of all grants awarded
pursuant to this section on request.
h. qualifying entities
shall maintain a written record of all expenditures made using grant monies and
shall furnish those records on the request of the arizona tea party committee.
the arizona tea party committee may request and review the written records
maintained by qualified entities.
i. for the purposes of
this section, “qualifying entity” means an organization that FOSTERS tea party
governing principles, INCLUDING all of the following:
1. to promote the
constitution of the united states as the supreme law of the land through
education and preservation of the founding principles of the constitution of
the united states.
2. to PROTECT state
sovereignty, as provided for under the tenth amendment of the constitution of
the united states.
3. to ADHERE TO the
tenets of limited government, free enterprise for businesses and fiscal
responsibility by federal, state and local governments.
4. to stand for the
security of borders with other nations for the stability and safety of the
united states."
Page 6, line 37, strike “section SECTIONS” insert
“section”; after “28-2430” strike remainder of line
Line 38, strike “28-2439”
Page 6, between lines 40 and 41, insert:
"22. Monies
deposited pursuant to section 28‑2439.02."
Page 7, between lines 39 and 40, insert:
"13. To
pay the costs of issuing don't tread on me special plates pursuant to section
28‑2439."
Page 8, after line 24, insert:
"Sec. 7. Initial terms of members of the Arizona tea party
committee
A. Notwithstanding section 28‑2439.01, Arizona
Revised Statutes, as added by this act, the initial terms of members are:
1. One term ending January 1, 2013.
2. Two terms ending January 1, 2014.
3. Two terms ending January 1, 2015.
B. The president of the senate and the speaker of
the house of
representatives shall make all subsequent appointments as prescribed by
statute."
Amend title to conform
Bill Number: S.B.
1402