Assigned to HIGHER ED                                                                                                                FOR COMMITTEE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FACT SHEET FOR S.B. 1153

postsecondary institutions; religious organizations; equality

Purpose

            Prohibits public postsecondary institutions from denying registration or recognition to student organizations that advocate or base their membership criteria on religious, political or philosophical beliefs. 

Background

            The Arizona Board of Regents (ABOR) provides governance and policy guidance to Arizona State University, Northern Arizona University and the University of Arizona.  ABOR Rule 5-301 contains a comprehensive Code of Conduct that applies to individual students as well as student organizations. This Code of Conduct describes prohibited activities such as forgery, academic dishonesty, the misappropriation of property or services and engaging in discrimination based on age, ethnicity, gender, disability, color, national origin, race, religion, sexual orientation or veteran status. Sanctions include expulsion for individuals and revocation or denial of recognition for student organizations.  Fraternities and sororities are exempt from rules prohibiting discrimination based on gender.  Religious student organizations are not denied recognition solely because they limit their membership or leadership positions to students who share the same religious beliefs.  Student organizations that are recognized by a university are eligible to receive limited activity funds, reimbursement for travel expenses, meeting room space and a university hosted website.

            There is no anticipated fiscal impact to the state General Fund. 

Provisions

1. Prohibits public postsecondary institutions from denying recognition, access, rights, benefits or privileges to a student organization on the basis that the organization advocates religious, political or philosophical beliefs or perspectives or on the basis that the group determines its membership in accordance with those beliefs. 

2. Specifies that the State of Arizona and its political subdivisions are not required to:

a) infringe the constitutional rights to free exercise of religion, freedom of speech or freedom of assembly.

b) recognize an organization that engages in discrimination on the basis of race, color, national origin or sex.

c) recognize an organization that disseminates messages or materials that are obscene, defamatory, fraudulent or comprise fighting words.

3. Defines “recognition” as any official administrative acknowledgement of a student organization that is required before the organization is granted access, rights, benefits or privileges.

4. Titles the act as the “Associational Freedom in Higher Learning Act.”

5. Becomes effective on the general effective date.

Prepared by Senate Research

February 13, 2006

DN/jas