Introduced by Representatives Jackson, Johnson, Horton, Brimhall AN ACT

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1 State of Arizona House of Representatives Forty-third Legislature Second Regular Session REFERENCE TITLE: alcoholism treatment; long-term care Introduced by Representatives Jackson, Johnson, Horton, Brimhall AN ACT amending sections -, -0, -, - and -, Arizona Revised Statutes; amending section -0, Arizona Revised Statutes, as amended by Laws, chapter, section ; amending title, chapter, article, Arizona Revised Statutes, by adding section -; relating to evaluation and treatment of persons impaired by alcoholism. Be it enacted by the Legislature of the State of Arizona: Section. Section -, Arizona Revised Statutes, is amended to read: -. Funding of facilities; contracts; limitations; long-term treatment; long-term residential treatment fund A. The division may use municipal, county, state and federal monies appropriated or otherwise available for the evaluation and treatment of alcoholics to assist in the establishment and maintenance of approved public or private treatment facilities. Such monies may be expended for professional fees for services at an approved treatment facility or in contract for advancement or reimbursement of services provided at an approved treatment facility or any other appropriate manner and may be used for any purpose necessary to provide evaluation and treatment at approved treatment facilities. These monies may not be used for division salaries or any other purpose within the division but may be used for consultation to the division in the interest of approved treatment facilities. B. A public or private treatment facility providing or intending to provide evaluation and treatment and desiring to contract with the division for the furnishing of such services shall submit a program, plan and budget to the division on the forms and in the manner required by the division. If

2 HB 0 0 such facility is approved, the division may contract with the facility for services as required and upon such terms and conditions as the division shall require. C. Each approved treatment facility shall provide the division with a record of all federal, state, county, city and private monies received for the previous year and an estimate of monies to be received by the facility for the following year. D. An approved private or public treatment facility providing evaluation and treatment may receive state funding upon complying with the rules and regulations established by the division. Any such facility is not eligible for state funding until approved by the deputy director. E. The provisions of this article shall not be construed to place upon the division or the state any liability for the well-being and care of alcoholics or persons incapacitated by alcohol in a public or private treatment facility or the responsibility for funding such programs beyond the limits of legislative appropriation therefor. F. the long-term residential treatment fund is established consisting of monies received pursuant to section - and as otherwise provided by law. the division shall administer the fund. Monies in the fund are continuously appropriated. The division shall use fund monies to enter into contracts with approved public or private treatment facilities for the residential treatment of alcoholics who require residential treatment for more than thirty consecutive days. Sec.. Section -0, Arizona Revised Statutes, as amended by Laws, chapter, section, is amended to read: -0. Levy of tax; purpose; classification of luxuries; applicable rate A. In addition to all other taxes there is levied and imposed and there shall be collected and paid to the state treasurer in the manner provided by this article, on all spirituous, vinous, and malt liquors, and on all cigarettes, cigars, smoking tobacco, plug tobacco, snuff and other forms of tobacco for use as may be prescribed by law the following tax:. On each sealed container of spirituous liquor at the rate of three dollars thirty cents per gallon and at a proportionate rate for any lesser or greater quantity than one gallon.. 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 eighty-four ninety-two cents per gallon and at a proportionate rate for any lesser or greater quantity than one gallon.. 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 twenty-eight cents, and for each eight ounces for containers containing more than eight ounces, twenty-five twenty-eight cents. - -

3 HB 0 0. On each gallon of malt liquor or cider, sixteen eighteen cents, and at a proportionate rate for any lesser or greater quantity than one gallon.. On each cigarette, seven-twentieths cent.. On smoking tobacco, snuff, fine cut chewing tobacco, cut and granulated tobacco, shorts and refuse of fine cut chewing tobacco, and refuse, scraps, clippings, cuttings and sweepings of tobacco, excluding tobacco powder or tobacco products used exclusively for agricultural or horticultural purposes and unfit for human consumption, two cents per ounce or major fraction thereof.. On all cavendish, plug or twist tobacco, one-half cent per ounce or fractional part thereof.. On each twenty small cigars or fractional part thereof weighing not more than three pounds per thousand, four cents.. On cigars of all descriptions except those included in paragraph of this subsection, made of tobacco or any substitute therefor, if manufactured to retail at not more than five cents each, two cents on each three cigars, but if manufactured to retail at more than five cents each, two cents on each cigar. B. Monies collected pursuant to this section shall be distributed as follows:. Of the monies collected as prescribed by the terms of subsection A, paragraphs and of this section, three and one-half cents of the rates levied on each of the items prescribed in such paragraphs shall be allocated for the purpose of raising monies for state school aid.. Through June 0, 00 twenty. per cent of the monies collected pursuant to subsection A, paragraph of this section,. per cent of the monies collected pursuant to subsection A, paragraphs, and, fifty per cent of the monies collected pursuant to subsection A, paragraphs,, and through of this section and two-sevenths of the monies collected pursuant to subsection A, paragraph of this section shall be deposited in the corrections fund established by section - at the same time as other monies collected pursuant to this section are deposited with the state treasurer. From and after June 0, 00, except as provided in paragraph of this subsection, such monies shall be deposited pursuant to paragraph of this subsection.. Fifty per cent of the monies collected pursuant to subsection A, paragraph of this section, attributable to collections from a domestic farm winery or an in-state producer, manufacturing or producing wine, licensed pursuant to title shall be deposited in the Arizona wine promotional fund established by section -.. Nine per cent of the monies collected pursuant to subsection A, paragraphs and of this section and ten per cent of the monies collected pursuant to subsection A, paragraphs and of this section shall be - -

4 HB 0 0 deposited in the long-term residential treatment fund established by section -, subsection F... The remaining monies collected pursuant to this article shall be deposited in the state general fund to aid in defraying necessary and ordinary expenses of the state. Sec.. Section -0, Arizona Revised Statutes, is amended from and after December,, to read: -0. Classifications of luxuries; rates of tax The taxes under this chapter are imposed at the following rates:. On each sealed container of spirituous liquor at the rate of three dollars thirty cents per gallon and at a proportionate rate for any lesser or greater quantity than one gallon.. 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 eighty-four ninety-two cents per gallon and at a proportionate rate for any lesser or greater quantity than one gallon.. 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 twenty-eight cents, and for each eight ounces for containers containing more than eight ounces, twenty-five twenty-eight cents.. On each gallon of malt liquor or cider, sixteen eighteen cents, and at a proportionate rate for any lesser or greater quantity than one gallon.. On each cigarette, nine-tenths cent.. On smoking tobacco, snuff, fine cut chewing tobacco, cut and granulated tobacco, shorts and refuse of fine cut chewing tobacco, and refuse, scraps, clippings, cuttings and sweepings of tobacco, excluding tobacco powder or tobacco products used exclusively for agricultural or horticultural purposes and unfit for human consumption, two cents per ounce or major fraction of an ounce.. On all cavendish, plug or twist tobacco, one-half cent per ounce or fractional part of an ounce.. On each twenty small cigars or fractional part weighing not more than three pounds per thousand, four cents.. On cigars of all descriptions except those included in paragraph of this section, made of tobacco or any tobacco substitute: (a) If manufactured to retail at not more than five cents each, two cents on each three cigars. (b) If manufactured to retail at more than five cents each, two cents on each cigar.. On each ounce of cannabis, ten dollars, and at a proportionate rate for any greater or lesser quantity than one ounce, or five hundred dollars for three whole cannabis plants and five hundred dollars for each additional whole plant. For purposes of this paragraph, "whole cannabis plant" means - -

5 HB 0 0 any plant of the genus cannabis regardless of size or capability of reproduction and whether growing or not that is illegally held, possessed, transported, transferred, sold or offered to be sold in violation of the laws of this state.. On each ounce of controlled substance, two hundred fifty dollars, and at a proportionate rate for any greater or lesser quantity than one ounce. Sec.. Section -, Arizona Revised Statutes, is amended from and after December,, to read: -. Monies allocated for state school aid The state treasurer shall allocate the following monies for the purpose of state school aid:...0 per cent of the monies collected pursuant to section -0, paragraph... per cent of the monies collected pursuant to section -0, paragraph... per cent of the monies collected pursuant to section -0, paragraph. Sec.. Section -, Arizona Revised Statutes, is amended from and after December,, to read: -. Monies allocated to the corrections fund Through June 0, 00 the state treasurer shall deposit the following monies in the corrections fund established by section -:.. per cent of the monies collected pursuant to section -0, paragraph.. 0. per cent of the monies collected pursuant to section -0, paragraph.. 0. per cent of the monies collected pursuant to section -0, paragraph.. 0. per cent of the monies collected pursuant to section -0, paragraph... per cent of the monies collected pursuant to section -0, paragraph.. 0 per cent of the monies collected pursuant to section -0, paragraph.. 0 per cent of the monies collected pursuant to section -0, paragraph.. 0 per cent of the monies collected pursuant to section -0, paragraph.. 0 per cent of the monies collected pursuant to section -0, paragraph. Sec.. Section -, Arizona Revised Statutes, is amended from and after December,, to read: - -

6 HB Monies allocated to the drug treatment and education fund; state department of corrections revolving fund A. Notwithstanding any law to the contrary, seven. per cent of the monies collected between January, and December, pursuant to section -0, paragraph and eighteen. per cent of the monies collected between January, and December, pursuant to section -0, paragraphs, and shall be deposited in the drug treatment and education fund established in section B. Notwithstanding any law to the contrary, three. per cent of the monies collected between January, and December, pursuant to section -0, paragraph and seven. per cent of the monies collected between January, and December, pursuant to section -0, paragraphs, and shall be deposited in a separate revolving fund of the state department of corrections for payment of the expenses of implementing section -.0 and shall not revert to the state general fund if unexpended at the close of the fiscal year. C. Notwithstanding any law to the contrary, ten.0 per cent of the monies collected after December, pursuant to section -0, paragraph and twenty-five. per cent of the monies collected after December, pursuant to section -0, paragraphs, and shall be deposited in the drug treatment and education fund established pursuant to section Sec.. Title, chapter, article, Arizona Revised Statutes, is amended from and after December, by adding section -, to read: -. Monies allocated to the long-term residential treatment fund The state treasurer shall deposit the following monies in the long-term residential treatment fund established by section -, subsection F:. Nine per cent of the monies collected pursuant to section -0, paragraph.. Nine per cent of the monies collected pursuant to section -0, paragraph.. Ten per cent of the monies collected pursuant to section -0, paragraph.. Ten per cent of the monies collected pursuant to section -0, paragraph. Sec.. Requirements for enactment Pursuant to article IX, section, 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. - -

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