Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1049 Comm Sub / Analysis

Filed 02/23/2022

                    Assigned to JUD 	AS PASSED BY COW 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
AMENDED 
FACT SHEET FOR S.B. 1049 
 
parents' bill of rights; violation 
Purpose 
Grants the parent or legal guardian of a minor child legal standing to sue any person who 
violates the Arizona Parents' Bill of Rights Act and allows the Attorney General (AG) or county 
attorney to initiate a suit against a school that commits a violation. 
Background 
The Arizona Parents’ Bill of Rights Act reserves certain rights to the parent of a minor 
child without interference from a government entity, including the right of a parent to: 1) direct 
the education of the child; 2) direct the upbringing of the child; 3) direct the moral or religious 
training of the child; 4) make health care decisions for the child; 5) access and review all medical 
records of the child unless otherwise prohibited by law; 6) consent in writing to a biometric scan, 
or the creation of a blood or deoxyribonucleic acid record of the child; 7) consent in writing before 
a government entity makes a video or voice recording of the child, with certain exceptions; 8) be 
notified when a government employee suspects that a criminal offense has been committed against 
the child; and 9) obtain information about a child safety services investigation involving the parent 
(A.R.S. § 1-602). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Grants the parent or legal guardian of a minor child legal standing to sue any person who 
violates the parent's or legal guardian's rights under the Arizona Parents' Bill of Rights Act. 
2. Allows the AG or county attorney, if a school district or charter school is alleged to have 
committed a violation, to initiate a suit against the school in the superior court of the county in 
which the school is located.  
3. Allows the court to impose a civil penalty of not more than $5,000 for each violation on the 
school district or charter school where the violation occurred.  
4. Becomes effective on the general effective date.  
Amendments Adopted by Committee of the Whole 
• Removes the class 2 misdemeanor penalty for a person who violates the Arizona Parents' Bill 
of Rights Act.   FACT SHEET – Amended 
S.B. 1049 
Page 2 
 
 
Senate Action  
JUD 2/10/22 DP 5-3-0 
Prepared by Senate Research 
February 22, 2022 
ZD/sr