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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DPA/SE 7-4-0-1 | Third Read 31-25-3-0-1
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HCR
2040: minimum wage; exception; homeless
NOW: school districts; labor organizations; resources
Sponsor: Representative Olson, LD 10
Transmitted to the Secretary of State
Overview
Subject to voter approval and beginning January 1, 2028, amends the Arizona Constitution to prohibit a school district from using public monies and public resources to support the operations of a labor organization or to perform labor organization activities during working hours.
History
The Arizona Constitution and statute declare: 1) a person may not be denied the opportunity to obtain or retain employment because of non-membership in a labor organization; and 2) the state or any state political subdivision, corporation, individual or association may not enter into any agreement which excludes a person from employment because of non-membership in a labor organization (Arizona Const. art. XXV) (A.R.S. § 23-1302).
Additionally, statute prohibits a public employer from: 1) spending public monies for union activities; 2) entering into an employment contract with a public employee to engage in union activities; or 3) providing paid leave or any form of compensation for the purposes of engaging in union activities. A public employee is any individual employed by the state or any state branch, department, division, agency or authority or a city, town or other state political subdivision, excluding law enforcement officers or paid firefighters (A.R.S. § 23-1431).
Provisions
1. Prohibits a school district from:
a. using public monies and public resources to support the operations of a labor organization;
b. deducting any payment from an employee's paycheck for labor organization membership dues; or
c. providing access to its internal communications systems to distribute labor organization membership recruiting information or political materials.
2. Restricts school district employees from distributing written, printed or digital communications in a manner that consumes public resources on a labor organization's behalf.
3. Prohibits a school district from using public monies or public resources to perform labor organization activities during working hours, including:
a. using government accounting or payroll systems to collect dues, fee contributions or other assessments for a labor organization;
b. using facilities for captive audience meetings to recruit labor organization members during working hours, including new hire orientations;
c. using paid leave to conduct business on behalf of a labor organization;
d. approving employee paid leave for any business related to a school district employee's labor organization activities;
e. using internal government communications systems to distribute labor organization membership recruiting information or political materials; or
f. using any other public resource for distributing written, printed or digital communications on behalf of a labor organization.
4. Declares these prohibitions supersede any contract, memorandum of understanding, meet and confer agreement, policy, ordinance or other written or oral agreement.
5. Asserts a school district employee has a right to negotiate their own terms and conditions of employment, including wages, benefits and working conditions.
6. Prohibits the state or any state political subdivision from negotiating with a labor organization an exclusive representation agreement, collective bargaining agreement, memorandum of understanding, contract or other agreement regarding the terms and conditions of a school district employee's employment.
7. Defines labor organization, public monies and public resources.
8. Applies these prohibitions and requirements beginning January 1, 2028.
9. Directs the Secretary of State to submit this proposition to the voters at the next general election.
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Initials CH HCR 2040
6/17/2026 Page 0 Transmitted to the Secretary of State
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