28-2439.02. Don't tread on me special plates fund; grants; definition

A. The don't tread on me special plates fund is established consisting of monies received pursuant to section 28-2439. The Arizona tea party committee shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund and the grant program pursuant to this section. Monies in the fund are continuously appropriated.

B. The Arizona tea party committee shall allocate monies to qualifying entities in this state that use monies to promote tea party governing principles. The Arizona tea party committee shall annually distribute all monies deposited in the don't tread on me special plates fund, excluding administrative fees, to any qualifying entities. Funds awarded pursuant to this section must be used for the purposes for which the monies were awarded.

C. On notice from the Arizona tea party committee, 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.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. Before allocating monies pursuant to subsection B of this section:

1. The Arizona tea party committee shall establish a grant program to distribute fund monies and prepare and issue a request for grant application that includes at least the following information:

(a) A description of the intended uses of grant monies.

(b) Whether a single award or multiple awards may be made.

(c) The criteria or factors under which an application will be evaluated for award and the relative importance of each criteria or factor.

(d) The due date for submittal of an application and the anticipated time the awards may be made.

(e) Any additional information required by the committee.

2. Adequate public notice of request for grant application shall be given a reasonable time before the date set forth in the request for application.

3. A grant application shall be publicly received at the time and place designated in the request for grant application. The name of each applicant shall be publicly recorded. All other information in the application is confidential during the process of evaluation. All applications shall be open for public inspection after grant monies are awarded.

4. An application shall be evaluated by at least three members of the Arizona tea party committee. The members shall review each application based solely on the evaluation criteria or factors set forth in the request for grant application.

5. The Arizona tea party committee may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of grant applications.

6. The Arizona tea party committee may resolve protests of the award or proposed award of a grant. An appeal from a decision of the Arizona tea party committee may be made to the director of the department of administration. A protest of an award or proposed award of a grant and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to section 41-2611.

F. On or before December 31 of each year, the Arizona tea party committee shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year. The report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund. The committee shall provide a copy of the report to the secretary of state.

G. The Arizona tea party committee shall make available to the public a list of all grants awarded pursuant to this section on request.

H. Grantees shall maintain a written record of all expenditures made using grant monies and shall furnish those records on the request of the Arizona tea party committee. The Arizona tea party committee may request and review the written records maintained by grantees.

I. For the purposes of this section, " qualifying entities" means organizations that foster tea party governing principles, including all of the following:

1. To promote the Constitution of the United States as the supreme law of the land through education and preservation of the founding principles of the Constitution of the United States.

2. To protect state sovereignty, as provided for under the tenth amendment of the Constitution of the United States.

3. To adhere to the tenets of limited government, free enterprise for businesses and fiscal responsibility by federal, state and local governments.

4. To stand for the security of borders with other nations for the stability and safety of the United States.