Bill Text: AZ HCR2054 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Alcoholism and substance abuse prevention
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - Referred to House COM Committee [HCR2054 Detail]
Download: Arizona-2012-HCR2054-Introduced.html
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REFERENCE TITLE: alcoholism and substance abuse prevention |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HCR 2054 |
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Introduced by Representative Miranda R
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to alcohol and substance abuse prevention.
(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 alcohol and substance abuse prevention, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending title 41, Arizona Revised Statutes, by ADDING chapter 29; Amending title 42, chapter 3, Arizona Revised Statutes, by adding article 10; relating to alcohol and substance abuse prevention.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 29, to read:
CHAPTER 29
ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND EARLY INTERVENTION
ARTICLE 1. GENERAL PROVISIONS
41-3301. Definition of early intervention
In this chapter, unless the context otherwise requires, "early intervention" means identifying and providing, with appropriate counseling, treatment or education or other intervention, persons at high risk before having serious consequences or persons at high risk who have had limited serious consequences related to alcohol and substance use and who have had a significant personal, economic, legal, physical or mental health consequence.
41-3302. Alcohol and substance abuse prevention and early intervention commission; membership
A. Beginning January 1, 2013, the alcohol and substance abuse prevention and early intervention commission is established consisting of the following members:
1. The deputy director of the division of behavioral health in the department of health services or the deputy director's designee.
2. The director of the department of economic security or the director's designee.
3. The director of the state department of corrections or the director's designee.
4. The director of the administrative office of the courts or the director's designee.
5. The superintendent of public instruction or the superintendent's designee.
6. Ten public members from alcohol and substance abuse community coalitions appointed pursuant to subsection C of this section. No more than five of these members may be from the same political party and no more than two members may be from the same county.
7. Three public members who are appointed pursuant to subsection C of this section and who are representatives of tribal entities.
B. Commission members who serve pursuant to subsection A, paragraphs 1 through 5 of this section are nonvoting members and are not counted for the purposes of determining the presence of a quorum.
C. Commission members who serve pursuant to subsection A, paragraphs 6 and 7 of this section shall be appointed to four‑year terms and may serve more than one term. The governor shall make the initial appointment of these members. After the expiration of the term of a member who was appointed by the governor, or on any other vacancy of the position, the commission by majority vote shall select a replacement member who has the same qualifications as the vacating member.
D. The commission shall elect a chairperson and a vice‑chairperson from its public membership at its first annual meeting.
E. The commission shall meet at least four times each year and at the call of the chairperson. The commission shall also hold at least one annual meeting to invite public comment regarding the commission's progress toward implementing its goals and duties prescribed by this article.
F. Commission members are not eligible to receive compensation, but members who serve pursuant to subsection A, paragraphs 6 and 7 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
41-3303. Commission; powers and duties
A. The commission shall:
1. Promote the design and implementation of alcohol and substance abuse prevention and early intervention programs throughout this state.
2. Administer the distribution of monies from the alcohol and substance abuse prevention and early intervention fund established by section 41-3304.
3. Award contracts pursuant to requests for proposals to organizations, entities and units of state or local government that agree to provide alcohol and substance abuse prevention and early intervention services and programs as prescribed by the commission. Each contract shall require providers to collaborate with alcohol and substance abuse community coalitions. Each contract may require collaboration with PUBLIC safety agencies, the judicial system and local schools, as necessary.
4. Coordinate the planning of its activities with other agencies, organizations and groups involved in alcohol and substance abuse prevention and early intervention issues.
5. Beginning in 2014, prepare a written report on or before February 1 of each year regarding the commission's activities, programs, contracts and expenditures for the previous calendar year. The commission shall submit the annual report to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of each report to the secretary of state and, on request, to any member of the public.
6. Contract for a periodic evaluation to determine the effectiveness of prevention and early intervention services and programs funded by the commission.
7. Make recommendations to the governor and the legislature regarding policy and legislative changes necessary to promote the commission's goals and duties.
8. Accept and spend public and private grants of monies, gifts and contributions and spend, distribute or allocate monies appropriated to it for the purpose of implementing this chapter.
9. Prepare an annual budget.
B. The commission may:
1. Enter into agreements with the governing board of any school district, the sponsor of a charter school or the governing board of a community college district regarding the implementation of prevention and intervention services and programs as prescribed by the commission.
2. Request any state or local agency to submit information that is necessary to further the commission's goals and duties.
3. Form subcommittees, establish bylaws, conduct studies, conduct inquiries and hold hearings.
4. Hire consultants and other staff for specific projects as it determines necessary to implement its goals and duties.
5. Hire an executive director who may employ additional personnel, as necessary.
6. Delegate its duties to carry out this section, including:
(a) The authority to enter into contracts and agreements on behalf of the commission.
(b) The authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.
7. Establish joint research and information facilities with governmental and private agencies.
41-3304. Alcohol and substance abuse prevention and early intervention fund
A. The alcohol and substance abuse prevention and early intervention fund is established consisting of revenues deposited in the fund pursuant to section 42-3402 and legislative appropriations.
B. The alcohol and substance abuse prevention and early intervention commission shall administer the fund. On notice from the commission, 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.
C. Monies in the fund are not subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
D. All monies deposited in the fund shall be used to supplement, and not supplant, other local, state or federal expenditures for alcohol and substance abuse prevention and early intervention programs and services. This section does not prohibit the legislature from appropriating money to the commission for the purposes of this chapter or vesting the commission with authority to spend additional appropriated monies for its purposes pursuant to section 41-3303.
41-3305. Annual audit
A. The alcohol and substance abuse prevention and early intervention commission shall contract with a certified public accountant to perform and complete an annual audit of the alcohol and substance abuse prevention and early intervention fund on or before November 30. The commission shall file a certified copy of the audit with the auditor general within seven business days after it receives the audit from the accountant.
B. The auditor general may conduct further audits and examinations that the auditor general considers to be necessary and take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general takes no official action within thirty days after the annual audit is filed pursuant to subsection A of this section, the audit is considered to be sufficient.
C. The commission shall pay negotiated and approved fees and costs of the certified public accountant and auditor general under this section from the monies in the alcohol and substance abuse prevention and early intervention fund.
D. The commission shall submit the audit with its annual report prescribed pursuant to section 41‑3303.
Sec. 2. Title 42, chapter 3, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE 10. LIQUOR TAX FOR ALCOHOL AND
SUBSTANCE ABUSE PREVENTION AND EARLY INTERVENTION
42-3401. Levy and collection of tax on liquors
In addition to all other taxes, there is levied and the department shall collect the following tax in the manner provided by this chapter:
1. On each sealed container of spirituous liquor at the rate of twenty-five cents per gallon and at a proportionate rate for any lesser or greater quantity than one gallon.
2. On each container of vinous liquor, except cider, of which the alcoholic content is not greater than twenty-four per cent by volume at the rate of one dollar per gallon and at a proportionate rate for any lesser or greater quantity than one gallon.
3. On each container of vinous liquor of which the alcoholic content is greater than twenty-four per cent by volume, containing eight ounces or less, twenty-five cents, and for each eight ounces for containers containing more than eight ounces, twenty-five cents.
4. On each gallon of malt liquor or cider, one dollar and at a proportionate rate for any lesser or greater quantity than one gallon.
42-3402. Disposition of monies
Notwithstanding section 42-3102, the department shall deposit monies levied and collected pursuant to this article in the alcohol and substance abuse prevention and early intervention fund established by section 41-3304 for use as prescribed by title 41, chapter 29.
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.
