Assigned to HIGHER ED                                                                                                                          AS VETOED

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

VETOED

FINAL AMENDED

FACT SHEET FOR S.B. 1153

postsecondary institutions; religious organizations; equality

Purpose

            Prohibits a public postsecondary institution from denying registration or recognition to a student organization that advocates its 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 a public postsecondary institution 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 limits its membership or leadership to students who share the same religious, political or philosophical beliefs.

2. Specifies that a public postsecondary institution is not required to recognize an organization that:

a) engages in discrimination on the basis of race, color, national origin, sex, citizenship, age, veteran status or disability.

b) 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 by a public postsecondary institution.

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

5. Becomes effective on the general effective date.

Amendments Adopted by House of Representatives

· Makes technical changes.

Amendments Adopted by Conference Committee

· Clarifies language relating to the recognition, access, rights, benefits and privileges of student organizations.  

Governor’s Veto Message

            In her veto letter, the Governor states that students at public postsecondary institutions should not be prohibited from participating in the student organizations of their choice simply based on their religious or political beliefs.

Senate Action House Action

HED                2/15/06     DP     6-0-1-0                     UCCT             3/28/06     DP     5-2-0-2

3^rd Read           3/6/06                 21-8-1-0                   3^rd Read           5/25/06               35-20-5-0

Final Read       6/20/06               16-12-2-0                 Final Read       6/20/06               33-18-9-0

Vetoed by the Governor 6/28/06

Prepared by Senate Research

July 6, 2006

DN/jas