Senate Engrossed

State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010

SENATE BILL 1128

 

AN ACT

 

Amending title 35, chapter 1, article 5, Arizona Revised Statutes, by adding section 35-196.05; relating to public assets.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

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

Section 1.  Title 35, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 35-196.05, to read:

START_STATUTE35-196.05.  Use of public assets by youth organizations; discrimination prohibited; definition

A.  Notwithstanding any other provision of law, public assets, including tax revenues, of this state and political subdivisions of this state shall not be used:

1.  To discriminate against, or deny or withdraw access to public property for, a youth organization on the basis of beliefs promoted by the organization or the organization's constitutionally protected expression of beliefs or exercise of associational rights.

2.  To compel a youth organization to employ, enroll or accept as a member or volunteer an individual whose sexual orientation, sexual behavior, religious beliefs or absence of religious beliefs is determined by the organization to be inconsistent with the organization's policies, programs, morals or mission.

B.  This state and political subdivisions of this state may permit the compensated or uncompensated use of public buildings, grounds and equipment by a youth organization on a nondiscriminatory basis without regard to the organization's beliefs, expression of beliefs or exercise of rights of association that are protected under the constitution of the United States or the constitution of Arizona.

C.  For the purposes of this section, "youth ORGANIZATION" means:

1.  The Boy Scouts of America.

2.  The Girl Scouts of the USA.

3.  The Boys and girls Clubs of America.

4.  The Young Men's Christian Association.

5.  The Young Women's Christian Association of the USA.

6.  The Civil Air Patrol.

7.  The United States Olympic Committee.

8.  The Special Olympics.

9.  Campfire USA.

10.  The Young Marines.

11.  The Naval Sea Cadets Corps.

12.  4–H Clubs.

13.  The Police Athletic League.

14.  Big Brothers Big Sisters of America.

15.  National Guard Challenge Program.

16.  Any other organization that is primarily intended to:

(a)  Serve individuals under twenty-one years of age.

(b)  Provide training in citizenship, leadership, physical fitness, service to community and teamwork.

(c)  Promote the development of character and ethical and moral values. END_STATUTE