Assigned to GOV                                                                                                                              AS VETOED

ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

VETOED

AMENDED

FACT SHEET FOR S.B. 1696

sexually explicit materials; government; prohibition

Purpose

Prohibits the state, a state agency, city, town or county, or their contractors, from exposing minors to sexually explicit materials. Classifies a sexually explicit material violation as a class 5 felony. 

Background

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 literary, 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. Prohibits the state, a state agency, city, town, county or a political subdivision from exposing minors to sexually explicit materials

2. Requires an office, board or commission or a political subdivision to prohibit its contractors from exposing minors to sexually explicit materials.

3. Prohibits an office, board or commission or political subdivision from using a facility or property owned, leased or managed by a person or entity for filming or facilitating sexually explicit acts.

4. Classifies a violation of the prohibition relating to exposing minors to sexually explicit materials as a class 5 felony.

5. 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.

6. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Expands the prohibition relating to exposing minors to sexually explicit materials to include the state, a state agency, city, town or county.

Governor's Veto Message

The Governor indicates in her veto message that while she agrees that not all content is appropriate for minors, S.B. 1696 is a poor way to address those concerns.

Senate Action House Action

GOV               2/16/23      DPA          5-3-0             GOV               3/15/23      DP       5-4-0-0

3^rd Read          3/2/23                          16-14-0         3^rd Read          5/15/23                  31-27-1-0-1

Vetoed by the Governor on 6/5/23

Prepared by Senate Research

June 6, 2023

AN/slp