Page 27, between lines 21 and 22, insert:
"Sec. 9. Title
15, chapter 2, article 2, Arizona Revised Statutes, is amended by adding
section 15-249.12, to read:
START_STATUTE15-249.12. Counselors
on campus fund
The
counselors on campus fund is established consisting of monies deposited in the
fund pursuant to section 42‑5453, subsection D, paragraph 1 and any other
monies appropriated by the legislature. Monies in the fund shall be used to
fund school district programs that place counselors and social workers on
school campuses. The department of education shall administer the
fund. Monies in the fund are subject to legislative appropriation." END_STATUTE
Renumber
to conform
Page 80, between lines 12 and 13, insert:
"Sec. 19. Section
41-2405, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2405. Arizona
criminal justice commission; powers and duties; staff
A. The
Arizona criminal justice commission shall:
1. Monitor
the progress and implementation of new and continuing criminal justice
legislation.
2. Facilitate
research among criminal justice agencies and maintain criminal justice system
information.
3. Facilitate
coordinated statewide efforts to improve criminal justice information and data
sharing.
4. Prepare
for the governor a biennial criminal justice system review
report. The report shall contain:
(a) An
analysis of all criminal justice programs created by the legislature in the
preceding two years.
(b) An
analysis of the effectiveness of the criminal code, with a discussion of any
problems and recommendations for revisions if deemed necessary.
(c) A
study of the level of activity in the several areas of the criminal justice
system, with recommendations for redistribution of criminal justice revenues if
deemed necessary.
(d) An
overall review of the entire criminal justice system, including crime
prevention, criminal apprehension, prosecution, court administration and
incarceration at the state and local levels as well as funding needs for the
system.
(e) Recommendations
for constitutional, statutory and administrative revisions that are necessary
to develop and maintain a cohesive and effective criminal justice system.
5. Provide
supplemental reports on criminal justice issues of special timeliness.
6. In
coordination with other governmental agencies, gather information on programs
that are designed to effectuate community crime prevention and education using
citizen participation and on programs for alcohol and drug abuse prevention,
education and treatment and disseminate that information to the public,
political subdivisions, law enforcement agencies and the legislature.
7. Make
recommendations to the legislature and the governor regarding the purposes and
formula for allocation of fund monies as provided in section 41‑2401,
subsection D and section 41‑2402 through the biennial agency budget
request.
8. Adopt
rules for the purpose of allocating fund monies as provided in sections 41‑2401,
41‑2402, and 41‑2407 and 41‑2407.01 that are consistent with the purposes set
forth in those sections and that promote effective and efficient use of the
monies.
9. Make
reports to the governor and the legislature as they require.
10. Oversee
the research, analyses, studies, reports and publication of crime and criminal
justice statistics prepared by the Arizona statistical analysis center, which
is an operating section of the Arizona criminal justice commission.
11. Prepare
an annual report on law enforcement activities in this state that are funded by
the drug and gang enforcement fund or the criminal justice enhancement fund and
that relate to illicit drugs and drug related gang activity. The report shall
be submitted by October 31 of each year to the governor, the president of the
senate and the speaker of the house of representatives and a copy shall be
submitted to the secretary of state. The report shall include:
(a) The
name and a description of each law enforcement program dealing with illegal
drug activity or street gang activity, or both.
(b) The
objective and goals of each program.
(c) The
source and amount of monies received by each program.
(d) The
name of the agency or entity that administers each program.
(e) The
effectiveness of each program.
12. Compile
and disseminate information on best practices for cold case investigations,
including effective victim communication procedures. For the purposes of this
paragraph, "cold case" means a homicide or a felony sexual offense
that remains unsolved for one year or more after being reported to a law
enforcement agency and that has no viable and unexplored investigatory leads.
B. The
Arizona criminal justice commission, as necessary to perform its functions,
may:
1. Request
any state or local criminal justice agency to submit any necessary information.
2. Form
subcommittees, make studies, conduct inquiries and hold hearings.
3. Subject
to chapter 4, article 4 of this title, employ consultants for special projects
and such staff as deemed necessary or advisable to carry out this section.
4. Delegate
its duties to carry out this section, including:
(a) The
authority to enter into contracts and agreements on behalf of the commission.
(b) Subject
to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the
authority to appoint, hire, terminate and discipline all personnel of the
commission, including consultants.
5. Establish
joint research and information facilities with governmental and private
agencies.
6. Accept
and expend public and private grants of monies, gifts and contributions and
expend, distribute or allocate monies appropriated to the commission for the
purpose of enhancing efforts to investigate or prosecute and adjudicate any
crime and to implement this chapter.
Sec. 20. Title
41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding
section 41-2407.01, to read:
START_STATUTE41-2407.01. Gun
violence victim compensation and assistance fund; subrogation
A.
The gun violence victim compensation and assistance fund is established. The
Arizona criminal justice commission shall administer the fund. The fund shall
consist of monies collected pursuant to section 42‑5453 and monies
available from any other source.
B. The
Arizona criminal justice commission shall allocate monies in the fund to public
and private agencies to establish, maintain and support programs that
compensate and assist victims of gun violence.
C.
Monies allocated pursuant to this section must be made in accordance with rules
adopted by the Arizona criminal justice commission pursuant to section 41-2405,
subsection A, paragraph 8.
D. This
state and the applicable operational unit or qualified program as defined BY
rule are subrogated to the rights of an individual who receives monies from the
fund to recover or receive monies or benefits from a third party, to the extent
of the amount of monies the individual receives from the fund.
Sec. 21. Title
42, chapter 5, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE
10. FIREARM AND AMMUNITION EXCISE TAX
START_STATUTE42-5451. Definitions
In
this article, unless the context otherwise requires:
1.
"Consumer" means a person who purchases a firearm or ammunition for a
firearm in a retail sale of a firearm or ammunition for a firearm.
2.
"Firearm" HAS THE SAME MEANING PRESCRIBED in 18 united states code
section 921.
3.
"Retail sale of a firearm or ammunition for a firearm" means a sale
of a firearm or ammunition for a firearm by a seller for any purpose other than
resale.
4.
"Seller" means a person who sells firearms and ammunition for
firearms and WHO is a federally licensed firearms dealer pursuant to 18 united
states code section 923.
START_STATUTE42-5452. Levy
of tax
A. A
firearm and ammunition excise tax is levied on every seller in an amount of
fifteen percent of the gross proceeds of sales or gross
income derived from the retail sale of A firearm OR ammunition FOR A FIREARM.
B. The
seller is liable for the tax imposed under this section. The amount of the tax
may be separately stated on the invoice, receipt or other similar document that
is provided to the consumer by the seller or otherwise disclosed to the consumer.
C. The
tax under this article is in addition to any state or local transaction
privilege tax on the gross proceeds or gross income from retail sales of A
firearm OR ammunition FOR A FIREARM. Notwithstanding section 42-5061, the
amount of the tax that is paid by a seller under this article IS not included
in the tax base for computing any transaction privilege, sales, use, franchise
or other similar tax or fee, however denominated, that is imposed by this
state, any political subdivision of this state or any intergovernmental agency.END_STATUTE
START_STATUTE42-5453. Administration
of tax; distribution of revenue
A. Unless
the context otherwise requires, article 1 of this chapter governs the
administration of the tax imposed by this article.
B. A
separate bond is not required of employees of the department in administering
this article.
C. The
procedures for a seller of A firearm OR ammunition FOR A FIREARM to document a
sale that is not a retail sale of a firearm or ammunition for a firearm shall
be substantially similar to the procedures for documenting sale for resale
transactions under the retail classification pursuant to sections 42-5009 and
42-5061.
D. The
department shall separately account for the monies paid under this article.
Notwithstanding section 42-1116, the department shall deposit, pursuant to
sections 35-146 and 35-147:
1. Fifty
percent of the net revenues collected under this article in the counselors on
campus fund established by section 15-249.12.
2. Fifty
percent of the net revenues collected under this article in the gun violence
victim compensation and assistance fund established by section 41-2407.01.
E. this
article DOES NOT allow a seller to sell a firearm or ammunition for a firearm
that is not authorized pursuant to federal or state law." END_STATUTE
Renumber to conform
Page 82, between lines 7 and 8, insert:
"Sec. 28. Requirements for enactment; two‑thirds vote
Pursuant to
article IX, section 22, Constitution of Arizona, this act is effective only on
the affirmative vote of at least two‑thirds of the members of each house
of the legislature and is effective immediately on the signature of the governor
or, if the governor vetoes this act, on the subsequent affirmative vote of at
least three-fourths of the members of each house of the legislature."
Renumber to
conform
Amend title to conform
Bill
Number: S.B. 1519