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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
divestment; K-12; abortion; explicit material
Purpose
Requires the State Board of Investment (BOI) to identify U.S. companies that donate to or invest in organizations that promote, facilitate or advocate for abortions for minors or for the inclusion of, or the referral of students to, sexually explicit material in grades K-12. Requires the State Treasurer to divest from the identified companies.
Background
The State Treasurer is responsible for the safekeeping of
all securities for which the State Treasurer is the lawful custodian. The State
Treasurer invests state monies and operates the Local Government Investment
Pool for the benefit of participating units of local government. The BOI
reviews investments of Arizona State Treasury monies, serves as trustees of
permanent funds and provides management of the assets of the funds consistent
with outlined conditions. Current statute requires the State Treasurer to
divest from companies that boycott Israel (Ariz.
Const. art. 10
§ 7; A.R.S. §§ 35-314
and 35-393.02).
A person may not perform an abortion on a minor unless the attending physician has written and notarized consent from the minor’s parents, guardians or conservator or unless a superior court judge authorizes the physician to perform the abortion as outlined. A parent, a guardian or any other person may not coerce a minor to obtain an abortion. A person who performs an abortion on a minor in violation of statute or who intentionally causes, aids or assists a minor in illegally obtaining an abortion is guilty of a class 1 misdemeanor (A.R.S. §§ 36-2152 and 36-2153).
Except for sex
education instruction as outlined, a public school may not refer a student to
or use any sexually explicit material in any manner unless: 1) the material
possesses serious educational value for minors or serious literacy, artistic,
political or scientific value; and 2) the public school requires written
parental consent, on a per-material basis, before referring a student to or
using the material. The public school must provide students for whom parental
consent is not secured with an alternative assignment that does not contain
sexually explicit material (A.R.S.
§ 15-120.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the BOI to adopt a policy regarding companies that donate to or invest in organizations that promote, facilitate or advocate for abortions for minors or for the inclusion of, or the referral of students to, sexually explicit material in grades K-12.
2. Requires the BOI's policy to include the procedure to identify U.S. companies that donate to or invest in organizations that promote, facilitate or advocate for:
a) abortions for minors; and
b) the inclusion of, or the referral of students to, sexually explicit material in grades K-12.
3. Requires the BOI's policy to include processes for:
a) communicating with the companies and appropriate federal officials, including the state's congressional delegation, regarding the BOI's findings; and
b) divestment from the identified companies.
4. Requires the State Treasurer to divest from the identified companies based on public information.
5. Requires the BOI to submit a copy of the policy to the President of the Senate and Speaker of the House of Representatives.
6. Defines sexually explicit material to include textual, visual or audio materials or materials accessed via any other medium that depict:
a) sexual conduct, defined as acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast;
b) sexual excitement, defined as the condition of human male or female genitals when in a state of sexual stimulation or arousal; or
c) ultimate sexual acts, defined as sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy.
7. States that a sexual act is simulated when it depicts explicit sexual activity that gives the appearance of consummation of ultimate sexual acts.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that S.B. 1146 politicizes decisions made by the professional portfolio managers at the Office of the State Treasurer.
Senate Action House Action
FIN 2/13/23 DP 4-3-0 GOV 3/15/23 DP 5-4-0-0
3rd Read 3/1/23 16-12-2 3rd Read 5/15/23 31-27-1-0-1
Vetoed by the Governor 6/5/23
Prepared by Senate Research
June 5, 2023
MG/sr