Bill Text: AZ HCR2003 | 2013 | Fifty-first Legislature 1st Regular | Introduced
Bill Title: Medical marijuana; repeal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-13 - Referred to House HEALTH Committee [HCR2003 Detail]
Download: Arizona-2013-HCR2003-Introduced.html
PREFILED JAN 03 2013
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REFERENCE TITLE: medical marijuana; repeal |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HCR 2003 |
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Introduced by Representative Kavanagh
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A CONCURRENT RESOLUTION
Enacting and ordering the submission to the people of a measure relating to the Arizona medical marijuana act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to the Arizona medical marijuana act, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
an act
amending sections 15-108 and 28-4333, Arizona Revised Statutes; Repealing section 32-3215, Arizona Revised Statutes; Amending sections 36-894 and 36-2602, Arizona Revised Statutes; Repealing title 36, chapter 28.1, Arizona Revised Statutes; amending sections 43-1201 and 43-1242, Arizona Revised Statutes; relating to the Arizona medical marijuana act.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-108, Arizona Revised Statutes, is amended to read:
15-108. Marijuana; school campuses; prohibition; definition
A. In addition to the limitations prescribed in section 36‑2802, subsection B, a person, including a cardholder as defined in section 36‑2801, may not lawfully possess or use marijuana on the campus of any public university, college, community college or postsecondary educational institution.
B. A person may not lawfully possess or use marijuana on the campus of any high school, junior high school, middle school, common school or preschool in this state.
Sec. 2. Section 28-4333, Arizona Revised Statutes, is amended to read:
28-4333. Licensing requirement; exemptions
A. A new motor vehicle shall not be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles is licensed as provided in this chapter. Obtaining the license conclusively establishes that the manufacturer, distributor or importer is subject to the laws of this state regulating manufacturers, importers and distributors.
B. An organization that has qualified for an exemption from taxation of income under section 43‑1201, subsection A, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may sell a donated used motor vehicle without obtaining a license under this chapter, subject to the following:
1. The nonprofit organization shall maintain the tax exempt status until any monies received from the sale of the used motor vehicle have been expended and a member, director, officer, employee or agent of the nonprofit organization shall not receive any direct or indirect pecuniary benefit from the sale of the used motor vehicle.
2. The nonprofit organization shall sell the used motor vehicle by assignment using a licensed motor vehicle dealer.
3. Notwithstanding section 28‑2058, the nonprofit organization is not required to obtain a new certificate of title or registration for the donated motor vehicle but shall assign the certificate of title to the licensed motor vehicle dealer for ultimate assignment to the retail purchaser of the motor vehicle.
4. The nonprofit organization shall maintain the motor vehicle financial responsibility requirements prescribed by chapter 9, article 4 of this title if operating the motor vehicle including operating the motor vehicle to the place of assignment.
5. The nonprofit organization may operate the donated motor vehicle to the place of assignment without purchasing the one trip registration permit required by section 28‑2155.
C. Notwithstanding any other provision of this chapter, a person who receives or does not receive consideration for providing a purchaser the opportunity to purchase a motor vehicle from a licensed new motor vehicle dealer at a price that does not exceed a certain amount is not required to be licensed as a motor vehicle dealer or broker under this chapter if the person does not participate in the negotiation of the actual price paid, the delivery terms or any other terms related to the purchase of the vehicle.
Sec. 3. Repeal
Section 32-3215, Arizona Revised Statutes, is repealed.
Sec. 4. Section 36-894, Arizona Revised Statutes, is amended to read:
36-894. Marijuana; child care facilities; prohibition
A person, including a cardholder as defined in section 36‑2801, may not lawfully possess or use marijuana in any child care facility in this state.
Sec. 5. Section 36-2602, Arizona Revised Statutes, is amended to read:
36-2602. Controlled substances prescription monitoring program; contracts; retention and maintenance of records
A. The board shall adopt rules to establish a controlled substances prescription monitoring program. The program shall:
1. Include a computerized central database tracking system to track the prescribing, dispensing and consumption of schedule II, III and IV controlled substances that are dispensed by a medical practitioner or by a pharmacy that holds a valid license or permit issued pursuant to title 32. The database shall include data from the department of health services that identifies residents of this state who possess a registry identification card issued pursuant to chapter 28.1 of this title. The tracking system shall not interfere with the legal use of a controlled substance for the management of severe or intractable pain.
2. Assist law enforcement to identify illegal activity related to the prescribing, dispensing and consumption of schedule II, III and IV controlled substances.
3. Provide information to patients, medical practitioners and pharmacists to help avoid the inappropriate use of schedule II, III and IV controlled substances.
4. Be designed to minimize inconvenience to patients, prescribing medical practitioners and pharmacies while effectuating the collection and storage of information.
B. The board may enter into private or public contracts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, to ensure the effective operation of the program. Each contractor must comply with the confidentiality requirements prescribed in this article and is subject to the criminal penalties prescribed in section 36‑2610.
C. The board shall maintain medical records information in the program pursuant to the standards prescribed in section 12‑2297.
Sec. 6. Repeal
Title 36, chapter 28.1, Arizona Revised Statutes, is repealed.
Sec. 7. Section 43-1201, Arizona Revised Statutes, is amended to read:
43-1201. Organizations exempt from tax
A. Organizations that are exempt from federal income tax under section 501 of the internal revenue code are exempt from the tax imposed under this title. In addition, the following organizations are exempt from the taxes imposed under this title, except as otherwise provided in this chapter:
1. Labor, agricultural or horticultural organizations, other than cooperative organizations.
2. Fraternal beneficiary societies, orders or organizations both:
(a) Operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system.
(b) Providing for the payment of life, sick, accident or other benefits to the members of such society, order or organization or their dependents.
3. Cemetery companies owned and operated exclusively for the benefit of their members or which are not operated for profit or any corporation chartered for burial purposes and not permitted by its charter to engage in any business not necessarily related to that purpose, no part of the net earnings of which inures to the benefit of any private shareholder or individual member thereof.
4. Corporations organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation.
5. Business leagues, chambers of commerce, real estate boards or boards of trade, not organized for profit, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
6. Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare or local organizations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, the net earnings of which are devoted exclusively to charitable, educational or recreational purposes.
7. Clubs organized and operated exclusively for pleasure, recreation and other non-profitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder.
8. Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom and turning over the entire amount of such income, less expenses, to an organization which itself is exempt from the tax imposed by this title.
9. Voluntary employees' beneficiary organizations providing for the payment of life, sick, accident or other benefits to the members of such organizations or their dependents, if both of the following apply:
(a) No part of their net earnings inures, other than through such payments, to the benefit of any private shareholder or individual.
(b) Eighty‑five per cent or more of the income consists of amounts collected from members and amounts contributed to the organization by the employer of the members for the sole purpose of making such payments and meeting expenses.
10. Teachers' or public employees' retirement fund organizations of a purely local character, if both of the following apply:
(a) No part of their net earnings inures to the benefit of any private shareholder or individual, other than through payment of retirement benefits.
(b) The income consists solely of amounts received from public taxation, amounts received from assessments upon the salaries of members and income in respect of investments. For the purposes of this paragraph, "public employees" means employees of the state and its political subdivisions.
11. Religious or apostolic organizations or corporations, if such organizations or corporations have a common treasury or community treasury, even if such corporations or organizations engage in business for the common benefit of the members, but only if the members thereof include, at the time of filing their returns, in their Arizona gross income their pro rata shares, whether distributed or not, of the net income of the organizations or corporations for such year. Any amount so included in the Arizona gross income of a member shall be treated as a dividend received.
12. Voluntary employees' beneficiary organizations providing for the payment of life, sick, accident or other benefits to the members of such organization, their dependents or their designated beneficiaries, if both of the following apply:
(a) Admission to membership in such organization is limited to individuals who are officers or employees of the United States government.
(b) No part of the net earnings of such organization inures, other than through such payments, to the benefit of any private shareholder or individual.
13. Corporations classified as diversified management companies under section 5 of the federal investment company act of 1940 and registered as provided in that act.
14. Insurance companies paying to the state tax upon premium income derived from sources within this state.
15. Mutual ditch, irrigation or water companies or similar nonprofit organizations if eighty-five per cent or more of the income consists of amounts collected from members for the sole purpose of meeting losses and expenses.
16. Workers' compensation pools established pursuant to section 23‑961.01.
B. Nonprofit medical marijuana dispensaries under title 36, chapter 28.1, are exempt from the taxes imposed under this title.
Sec. 8. Section 43-1242, Arizona Revised Statutes, is amended to read:
43-1242. Information returns of tax exempt organizations; definition
A. Every organization exempt under section 43‑1201 shall file a return except:
1. A religious organization exempt under section 43‑1201, subsection A, paragraph 4.
2. An educational organization exempt under section 43‑1201, subsection A, paragraph 4, if such organization normally maintains a regular faculty and students in attendance at the place where its educational activities are regularly carried on.
3. A charitable organization, or an organization for the prevention of cruelty to children or animals, exempt under section 43‑1201, subsection A, paragraph 4, if such organization is supported, in whole or in part, by funds contributed by the United States or any state or political subdivision thereof or is primarily supported by contributions of the general public.
4. An organization exempt under section 43‑1201, subsection A, paragraph 4, if such organization is operated, supervised or controlled by or in connection with a religious organization described in paragraph 1 of this subsection.
5. An organization exempt solely under section 43‑1201, subsection A, paragraph 2.
B. Such return shall be filed annually, at such time and in such manner as the department may prescribe by rule, setting forth:
1. Its gross receipts for the year.
2. Its expenses attributable to such income and incurred within the year.
3. Its disbursements within the year for the purposes for which it is exempt.
4. Its accumulation of income within the year.
5. Its aggregate accumulations of income at the beginning of the year.
6. Its disbursements out of principal in the current and prior years for the purposes for which it is exempt.
7. A balance sheet showing its assets, liabilities and net worth as of the beginning of such year.
8. Such other information as the department may prescribe by rule.
C. An organization otherwise required to file the return specified in subsection A of this section:
1. Need not file it if its gross receipts do not exceed fifty thousand dollars.
2. May comply with this section by filing a copy of the organization's federal "return of organization exempt from income tax" with the department.
D. For the purposes of this section, "gross receipts" means the total amount the organization received from all sources during its annual tax year without subtracting any costs or expenses.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
