Bill Text: AZ HB2772 | 2012 | Fiftieth Legislature 2nd Regular | Introduced


Bill Title: Don't tread on me plates

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-02-16 - Referred to House RULES Committee [HB2772 Detail]

Download: Arizona-2012-HB2772-Introduced.html

 

 

 

REFERENCE TITLE: don't tread on me plates

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2772

 

Introduced by

Representatives Williams: Gray R, Harper

 

 

AN ACT

 

amending sections 28‑2439.01 and 28‑2439.02, Arizona Revised Statutes; relating to special license plates.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 28-2439.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2439.01.  Arizona tea party committee

A.  The Arizona tea party committee is established consisting of the following thirteen 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, 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.  Three 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.

4.  Seven members who are appointed by the governor 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 governor, the president of the senate or the speaker of the house of representatives in order to fill a vacancy on the committee.  The governor, 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. END_STATUTE

Sec. 2.  Section 28-2439.02, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2439.02.  Don't tread on me special plates fund; payments of debt

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 state treasurer shall administer the fund.  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.

B.  The state treasurer shall use the monies deposited in the don't tread on me special plates fund for payments of both of the following:

1.  Certificates of participation and other instruments of indebtedness pursuant to lease‑purchase and the sale and leaseback agreements relating to state capital assets and revenue bonds whose proceeds were used to pay the ordinary costs of administering and operating state government.

2.  Principal, interest and issuance, redemption and administrative costs, paid with state general fund monies, of obligations of this state or of any department, office, agency, commission, board or other instrumentality of state government, including instruments commonly known as certificates of participation, general obligation bonds, revenue bonds and long‑term notes and obligations not included in paragraph 1 of this subsection.

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.  Grantees 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 grantees.

I.  For the purposes of this section, "qualifying entities" means organizations that foster 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. END_STATUTE

Sec. 3.  Short title

This act may be cited as the "Tea Party License Plate Limited Government Act".

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