 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
colleges; universities; free speech zones
Purpose
Modifies, for FYs 2024 and 2025, the amounts that must be withheld from the state aid of a community college district (CCD) that exceeds the expenditure limit. Applies the prohibition on an Arizona public university or community college limiting the area where free speech may be exercised if the person is lawfully present and authorizes a person to engage in expressive activity in any area where the person is lawfully present on a public university or community college campus.
Background
The Arizona Constitution establishes CCD expenditure limits which are annually determined by adjusting each CCD's FY 1980 local revenues expenditures for student population and cost of living. The Economic Estimates Commission must determine the expenditure limit for each CCD for the following fiscal year according to prescribed formulas. A CCD governing board may not authorize expenditures of local revenues in excess of the calculated limit, unless approved by the voters (Ariz. Const. art. 9 § 21; A.R.S. §§ 15-1471 and 41-563). If a CCD exceeds the expenditure limit, the State Treasurer must withhold, from the CCD's operating state aid, an amount equal to: 1) the excess expenditures, if excess expenditures are less than 5 percent of the limit; 2) triple the excess expenditures, if excess expenditures are at least 5 percent but under 10 percent of the limit; or 3) the lesser of five times the excess expenditures or one-third of operating state aid, if excess expenditures are at least 10 percent of the limit (A.R.S. § 41-1279.07).
A person who is lawfully present on a public university or community college campus may protest or demonstrate on that campus. Individual conduct that materially and substantially infringes on other persons' rights to engage or listen to expressive activity is prohibited and subject to sanction.
A public university or community college may impose time, place and manner restrictions on student speech that occurs in a public forum and is protected by the First Amendment to the U.S. Constitution, if the restrictions: 1) are reasonable, justified without reference to the content of the regulated speech, necessary to achieve a compelling governmental interest and the least restrictive means to further that compelling government interest; 2) leave open ample alternative channels for communication of the information; and 3) allow spontaneous assembly and distribution of literature (A.R.S. § 15-1864). Subject to reasonable time, place and manner restrictions, a public university or community college may not limit any area on campus where free speech may be exercised (A.R.S. § 15-1865).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
CCD Expenditure Limit
1. Requires, retroactive to July 1, 2022, state aid for FYs 2024 and 2025 to be withheld from a CCD that exceeds its expenditure limit in the following amounts, rather than as statutorily prescribed:
a) $5,000, if the excess expenditures are less than 5 percent of the limit;
b) $15,000, if the excess expenditures are at least 5 percent and under 10 percent of the limit;
c) $20,000, if the excess expenditures are at least 10 percent and under 12 percent of the limit; or
d) an amount equal to the lesser of one-third of the state aid allocation or five times the excess expenditures, if excess expenditures are at least 12 percent of the limit.
2. Caps, retroactive to July 1, 2022, at one percent of the provisional CCD's budget, the amount of state aid that may be withheld from a provisional CCD established before December 31, 2015, in a county with a population that does not exceed 300,000 persons.
Free Speech
3. Applies the prohibition on a public university or community college limiting the area on campus where free speech may be exercised to free speech exercised by a person who is lawfully present.
4. Authorizes a person who is lawfully present on a public university or community college campus to engage in expressive activity, including a protest or demonstration, in any area where the person is lawfully present, rather than authorizing a person who is lawfully present on a public university or community college campus to protest or demonstrate.
5. Specifies that the authorization for a person to engage in expressive activity on a public university or community college campus in any area where the person is lawfully present does not prohibit a university or community college from regulating economic activity on the campus.
Miscellaneous
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date, with retroactive provisions as noted.
Amendments Adopted by Committee of the Whole
1. Specifies that the authorization for a person to engage in expressive activity on a public university or community college campus in any area where the person is lawfully present does not prohibit a university or community college from regulating economic activity on the campus.
2. Makes conforming changes.
Amendments Adopted by the House of Representatives
1. Requires, retroactive to July 1, 2022, set amounts to be withheld from the operating state aid of a CCD that exceeds its expenditure limit in FYs 2024 and 2025.
2. Caps, retroactive to July 1, 2022, the amount of state aid that may be withheld from a provisional CCD established before December 31, 2015, in a county with a population that does not exceed 300,000 persons.
Senate Action House Action
ED 1/18/23 DP 5-2-0 ED 3/7/23 DP 8-0-2-0
3rd Read 2/28/23 16-14-0 3rd Read 5/15/23 57-1-1-0-1
Prepared by Senate Research
May 16, 2023
LB/MH/slp