ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: GOV DPA/SE 5-3-0-0 | 3rd Read 16-13-1-0

SCR 1024: preferential treatment; discrimination; prohibited

Sponsor: Senator Wadsack, LD 17

Committee on Government

Overview

Amends the Arizona Constitution to prevent preferential treatment or discrimination based on an individual's race or ethnicity when hiring, contracting, promoting or giving an admission decision, regardless of federal programs or monies.

History

Currently, the Arizona Constitution states that Arizona will not grant preferential treatment to or discriminate against any individual or group based on race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting. This does not:

1)   Prohibit bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education or public contracting;

2)   Prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal monies to this state; or

3)   Invalidate any court order or consent decree that is in force as of the effective date of this section (Ariz. Const. art. 2 § 36).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits Arizona from compelling applicants, employees or contractors from giving preferential treatment to or discriminating against an individual's race or ethnicity in hiring, promotion or contracting decisions.

2.   Adds that actions that must be taken to maintain eligibility for federal programs and monies are subject to the following:

a)   Arizona may not disadvantage or treat differently, based on race or ethnicity, any individual when making hiring, contracting, promotion or an admission decision;

b)   Limits any action that would otherwise be prohibited, and that is taken in accordance with federal requirements must be limited to outreach, advertising or communication efforts that do not modify any formal application criteria or evaluation;

c)   Arizona may not implement any disciplinary policy or disciplinary action that treats an individual student or group of students differently based on race or ethnicity;

d)   That access to services, facilities or grounds of this state may not be conditioned on the race or ethnicity of any individual or group of individuals; and

e)   That, to uphold the US Constitution, any requirement that practices racial discrimination other than stated outreach, advertising or communication efforts is inconsistent with the 14th amendment of the US Constitution.

3.   Stipulates that court orders or consent decrees in force before December 14, 2010, are not invalidated.

4.   Changes that the stated requirements do not apply to qualifications for Indian tribal membership.

5.   States nothing will prevent Arizona from requiring applicants, employees or contractors to:

a)   Disclose or discuss their scholarly research or creative works;

b)   Certify compliance with state and federal anti-discrimination law; and

c)   Discuss services, pedagogical approaches or experiences with students or individuals with mental or physical disabilities.

6.   States nothing will prevent an applicant or employee from providing any of the stated information, it must be of their initiative.

7.   Defines compelling an applicant, employee or contractor to endorse giving preferential treatment or discriminating based on race or ethnicity includes.

8.   Requires the Secretary of State to submit this proposition to the voters in the next general election.

9.   Makes conforming changes.

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13.                    SCR 1024

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