Assigned to JUD                                                                                                          AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Fiftieth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1467

educational institution; concealed weapons

Purpose

            Prohibits the governing board of an educational institution from adopting or enforcing any policy or rule prohibiting the lawful possession or carrying of a weapon on a public right-of-way. 

Background

Current law requires the governing board of every education institution to adopt rules for the maintenance of public order on all property of any educational institution under its jurisdiction that is used for educational purposes and must provide a program for the enforcement of its rules.  The rules must govern the conduct of students, faculty and other staff and all members of the public while on the property of the educational institution.  The penalties for violations must be clearly set forth and enforced and are required to include provisions for the ejection of a violator from the property and, in the case of a student, faculty member or other staff violator, suspension or expulsion or any other appropriate disciplinary action.  It further requires any deadly weapon, dangerous instrument or explosive used, displayed or possessed by a person in violation of an adopted rule to be forfeited and sold, destroyed or otherwise disposed of according to law.  However, this does not: a) preclude school districts from conducting approved gun safety programs on school campuses; or b) apply to private universities, colleges, high schools or common schools or other private educational institutions (A.R.S. § 13-2911).

A.R.S. § 9-461 defines a right-of-way as any public right-of-way and includes any area required for public use pursuant to any general or specific plan. 

S.B. 1467 prohibits the governing board of a public university from enacting or enforcing any policy or rule prohibiting the lawful possession or carrying of a weapon on a public-right-of way.

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

Provisions

1. Prohibits the governing board of an educational institution from adopting or enforcing any policy or rule prohibiting the lawful possession or carrying of a weapon on a public right-of-way.

2. Makes technical and conforming changes.

3. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

· Removes proposed language that prevents an educational institution governing board from prohibiting the possession of a concealed weapon or the transportation or storage of a firearm in a vehicle and replaces it with language that prevents an education institution governing board from prohibiting the lawful possession or carrying of a weapon on a public-right-of-way.

Senate Action

JUD                 02/14/11       DP         5-3-0-0

3^rd Read           03/14/11                    21-7-2-0

Prepared by Senate Research

March 23, 2011

GK/SL/tf