HB 2759
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2759: student organizations; terrorism; withholding monies
Sponsor: Representative Hernandez A, LD 20
Committee on Education
Overview
Prohibits a public university or community college (institution of higher education) from
recognizing a student organization that supports a foreign terrorist organization (FTO) as
specified.
History
Federal law empowers the U.S. Secretary of State (SoS) with the authority to designate an
organization as an FTO if the SoS finds that: 1) the organization is a foreign organization; 2)
the organization engages in terrorist activity; and 3) the organization's terrorist activity or
terrorism threatens the security of U.S. nationals or the national security (8 U.S.C. § 1189).
The U.S. State Department maintains a list of designated FTOs (State Department).
Under state law, terrorist organization means any organization designated by the U.S. State
Department as an FTO. Statute declares it is unlawful for a person to intentionally or
knowingly commit specified acts of terrorism, including providing advice, assistance or
direction in the conduct, financing or management of a terrorist organization (A.R.S. §§ 13-
2301, 13-2308.01).
Provisions
1. Prohibits an institution of higher education from formally recognizing a student
organization that:
a) provides material support to an FTO, including an FTO that calls for genocide against
the Jewish people;
b) vocally supports, calls or advocates for genocide, including genocide against the
Jewish people;
c) promotes an FTO in any manner that places a Jewish student in reasonable
apprehension of imminent physical injury; or
d) promotes an FTO on its social media accounts or communication platforms.
2. Requires an institution of higher education to enforce its code of conduct, including
provisions regarding violent speech on campus.
3. Directs an institution of higher education to fully investigate the activities of any student
organization that has been reported for a potential violation of:
a) federal laws regarding providing material support or resources to terrorists or
designated FTOs; or
b) any state law relating to supporting an FTO.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2759
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4. Instructs an institution of higher education to:
a) require the faculty advisor of each formally recognized student organization to report
any potential violation of the specified federal or state laws; and
b) discipline a faculty advisor who knowingly violates the requirement to report any
potential violation of the specified federal or state laws.
5. Mandates an institution of higher education rescind formal recognition of any student
organization determined to have violated the specified federal or state laws.
6. Requires the State Treasurer to:
a) withhold state monies that an institution of higher education is entitled to receive
pursuant to the community college operating state aid formula or the annual
appropriation for public universities; and
b) return the withheld monies when the institution of higher education demonstrates its
compliance with the prescribed requirements.
7. Defines FTO and institution of higher education.