Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-first Legislature

Second Regular Session

2014

 

 

SENATE BILL 1389

 

 

 

AN ACT

 

Amending section 36‑2817, Arizona Revised Statutes; relating to the medical marijuana fund.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-2817, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2817.  Medical marijuana fund; private donations; purposes; evaluation; reports

A.  The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter.  The department shall administer the fund.  Monies in the fund are continuously appropriated.

B.  The director of the department may accept and spend private grants, gifts, donations, contributions and devises to assist in carrying out the provisions of this chapter.

C.  Monies in the fund, subject to availability, must:

1.  Be spent only for purposes that are authorized by this chapter.

2.  Not be used for expenditures on capital construction projects, lobbying activities involving elected officials or political campaigns for an individual or any ballot proposal.

3.  Be used for programs to discourage marijuana use for recreational purposes among the general population, especially persons who are under twenty-four years of age, through public health education programs, including community‑based education and other programs that are focused on child abuse and neglect prevention.

4.  Be used to supplement monies that are appropriated by the legislature for health education purposes and not be used to supplant those appropriated monies.

5.  Be spent for the following purposes:

(a)  Contracts with county health departments, qualifying community health centers as defined in section 36‑2907.06, Indian tribes, accredited schools, nonprofit organizations, community colleges and universities for education programs related to preventing and reducing marijuana use for recreational purposes.

(b)  Administrative expenditures related to implementing and operating a program developed pursuant to subdivision (a) of this paragraph and to award and oversee contracts for education programs, including obtaining expert services to assist in evaluating requests for proposals and responses to those requests.

(c)  Department expenditures for developing and delivering education programs that are designed to prevent or reduce marijuana use for recreational purposes, including radio, television or print media costs.  When contracting for the development and production of original advertising materials, the department shall require advertising, production and editorial firms to use their best efforts to employ or contract with residents of this state to manage, produce and edit the original advertising.  The department shall report annually on or before December 1 to the governor, the president of the senate and the speaker of the house of representatives regarding instances when the department did not employ or contract with residents of this state, including the reasons for failing to do so.

(d)  The evaluations required by subsection E of this section.

C.  D.  Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.

E.  The department shall evaluate the programs established pursuant to subsection C, paragraph 5 of this section and every two years shall submit a written report of its findings to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of each report to the secretary of state.  The department shall submit its first report on or before November 15, 2014. END_STATUTE

Sec. 2.  Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-2817, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.