Arizona 2024 2024 Regular Session

Arizona House Bill HB2759 Comm Sub / Analysis

Filed 02/29/2024

                      	HB 2759 
Initials CH 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House:  ED DPA 7-1-2-0 
 
HB 2759: student organizations; terrorism; withholding monies 
Sponsor: Representative Hernandez A, LD 20 
House Engrossed 
Overview 
Prohibits a public university or community college (institution of higher education) from 
formally recognizing a student organization that supports or promotes a foreign terrorist 
organization (FTO), vocally supports genocide or engages in activities that manifest evidence 
of prejudice based on antisemitism as specified. 
History 
Federal law empowers the U.S. Secretary of State (U.S. SOS) with the authority to designate 
an organization as an FTO if the U.S. 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 (U.S. 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 for 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;  
d) promotes an FTO on its social media accounts or communication platforms; or 
e) engages in activities that manifest evidence of prejudice based on antisemitism.  
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 relating to providing material support or resources to terrorists or 
designated FTOs; or 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2759 
Initials CH 	Page 2 	House Engrossed 
b) any state law relating to supporting an FTO.  
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. Defines FTO, institution of higher education and antisemitism.