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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DP 4-3-0-0-0 | Third Read 31-25-3-0-1Senate: ATT DPA/SE 6-4-1-0 | Third Read 16-13-1-0-0
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HCR
2048: elected officials; salary; prohibition
NOW: military families; scholarship accounts
Sponsor: Representative Way, LD 15
Transmitted to the Secretary of State
Overview
Subject to voter approval, amends the Arizona Constitution to prohibit the state from confiscating monies from any scholarship account of a student who is a child of a military family if prescribed criteria are met. Declares a bill enacted into law or a measure approved by the voters on or after November 1, 2026, that violates the prohibition is void.
History
To be eligible to participate in the Arizona Empowerment Scholarship Account (ESA) Program, a child must be a qualified student, meaning the child is an Arizona resident who either: 1) meets the criteria of one of several eligibility categories; or 2) is eligible to enroll in an Arizona public school and does not otherwise qualify for an ESA under the eligibility categories. An Arizona resident who is the child of a parent who is a United States Armed Forces member and who is on active duty or was killed in the line of duty is a qualified student (A.R.S. §§ 15-2401 and 15-2401.01).
When enrolling a qualified student for an ESA, a parent must sign an agreement that outlines the terms of participation in the ESA Program, including permissible and impermissible expenses of ESA monies. Permissible expenses include tuition, fees or textbooks at an eligible postsecondary institution. Upon signing the agreement, the qualified student's ESA is funded in an amount equal to 90% of the sum of the base support level and additional assistance that would be calculated for that student if that student were attending a charter school. A qualified student's ESA is closed on their graduation from a postsecondary institution or after four consecutive years after high school graduation in which they were not enrolled in an eligible postsecondary institution (A.R.S. § 15-2402).
Provisions
1. Prohibits the state from confiscating monies from any scholarship account of any student who is a child of a military family if:
a. the scholarship account is established and maintained by the state pursuant to a program that designates any student who is a child of a military family and who satisfies enrollment requirements as eligible to receive scholarship monies; and
b. the student may use monies in the scholarship account for tuition or fees at eligible postsecondary educational institutions.
2. Specifies the prohibition is not limited to scholarship account programs that are established and maintained by the state for only children of military families.
3. Stipulates that if a bill enacted into law or a measure approved by the voters on or after November 1, 2026, violates the prohibition, the entire bill or measure is void.
4. Prohibits a court from severing any portion of a bill or measure that violates the prohibition.
5. Defines confiscate to:
a. include seizing, transferring or otherwise taking monies from a scholarship account; and
b. exclude acts related to the closure of a scholarship account if:
i. the student or account holder is found personally responsible for illegal activity or wrongdoing in a proceeding in which the student or account holder receives individualized due process of law;
ii. the student or account holder voluntarily closes or fails to renew a scholarship account;
iii. the student graduates from an eligible postsecondary educational institution; or
iv. the student is ineligible to maintain a scholarship account because the student did not enroll in an eligible postsecondary educational institution for at least four consecutive years after graduating from high school.
6. Defines child of military family and eligible postsecondary educational institution.
7. Cites this legislation as the Military Families College Savings and Scholarship Protection Act.
8. Directs the Secretary of State to submit this proposition to the voters at the next general election.
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12. Initials CH HCR 2048
13. 6/18/2026 Page 0 Transmitted to the Secretary of State
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