PREFILED    DEC 18 2023

REFERENCE TITLE: public monies; ideology training; prohibition

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

SB 1005

Introduced by

Senators Hoffman: Wadsack; Representatives Chaplik, Heap, Hendrix, Jones, Kolodin, McGarr, Parker B, Parker J

An Act

amending title 35, chapter 2, Arizona Revised Statutes, by adding article 4; relating to public monies.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 35, chapter 2, Arizona Revised Statutes, is amended by adding article 4, to read:

ARTICLE 4. PROHIBITED EXPENDITURE OF PUBLIC MONIES

START_STATUTE35-351. Prohibited expenditure of public monies; diversity: equity; inclusion; cause of action; definitions

A. A public entity shall not:

1. REQUIRE AN EMPLOYEE TO ENGAGE IN a DIVERSITY, EQUITY AND INCLUSION PROGRAM.

2. sPEND PUBLIC MONIES ON a DIVERSITY, EQUITY AND INCLUSION PROGRAM.

3. eNTER INTO OR RENEW A CONTRACT with A company THAT PARTICIPATES IN a DIVERSITY, EQUITY AND INCLUSION PROGRAM.

4. spend public monies to acquire services, supplies, information technology or goods for a DIVERSITY, EQUITY AND INCLUSION PROGRAM.

5. ESTABLISH, SUPPORT, SUSTAIN OR EMPLOY AN office or INDIVIDUAL WHOse DUTIES INCLUDE COORDINATING, CREATING, DEVELOPING, DESIGNING, IMPLEMENTING, ORGANIZING, PLANNING OR PROMOTING DIVERSITY, EQUITY AND INCLUSION PROGRAMS.

6. Except as required by federal law:

(a) ADVANCE OR adopt ANY POLICY OR PROCEDURE DESIGNED TO INFLUENCE THE COMPOSITION OF its workforce ON THE BASIS OF RACE, SEX OR COLOR.

(b) ADVANCE OR adopt ANY POLICY OR PROCEDURE DESIGNED OR IMPLEMENTED ON THE BASIS OF RACE, SEX OR COLOR.

7. promote or adopt any theory of UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTI-RACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM OR INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY OR THEORY, RACIAL OR SEXUAL PRIVILEGE OR ANY RELATED Theory as the official POSITION of the public entity.

b. an employee of a public entity who is required to PARTICIPATE in a DIVERSITY, equity and inclusion progrAM may bring an action against the public entity. If the employee demonstrates that the public entity violated this section, the employee is entitled to injunctive relief.

C. THIS SECTION DOES NOT PRECLUDE a public entity from:

1. offering TRAINING ON SEXUAL HARASSMENT.

2. OPERATINg AN OFFICE STAFFED BY, OR employing, LICENSED ATTORNEYS AND LEGAL SUPPORT STAFF whose SOLE PURPOSE is ENSURING COMPLIANCE WITH FEDERAL LAW OR AN APPLICABLE COURT ORDER.

D. For the purposes of this section:

1. "Diversity, equity and inclusion program" means a program that requires an employee of a public entity to participate in or attend a TRAINING, ORIENTATION, WORKSHOP, THERAPY OR SIMILAR ACTIVITy THAT focuses on any of the following:

(a) dESCRIBing OR EXPOSing STRUCTURES, SYSTEMS, RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.

(b) DESCRIBing METHODS TO IDENTIFY, DISMANTLE OR OPPOSE STRUCTURES, SYSTEMS, RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.

(c) JUSTIFYING DIFFERENTIAL TREATMENT OR BENEFIT ON THE BASIS OF SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY or SEXUAL ORIENTATION.

(d) ADVANCing THEORIES OF UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTI-RACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM OR INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY OR THEORY, RACIAL OR SEXUAL PRIVILEGE OR ANY CONCEPT SUBSTANTIALLY RELATED TO ANY OF THESE THEORIES.

2. "Public entity":

(a) Means this state, a political subdivision of this state or an agency, board, commission or department of this state or a political subdivision of this state.

(b) Includes the universities under the jurisdiction of the Arizona board of regents and community college districts as defined in section 15-1401. END_STATUTE