HCR 2056
Initials SJ Page 1 Government
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HCR2056: preferential treatment; discrimination; prohibition
Sponsor: Representative Montenegro, LD 29
Committee on Government
Overview
Refers a proposition to the voters relating to discrimination.
History
Article II, Section 36 of the Arizona Constitution prohibits Arizona from granting preferential
treatment to or discriminating against an individual or group based on race, sex, color,
ethnicity or national origin in the operation of public employment, public education or public
contracting. The Constitution further states that preferential treatment or discrimination
prohibitions do not prohibit action that must be taken to establish or maintain eligibility for
any federal program if ineligibility would result in a loss of federal monies to this state.
Provisions
1. Prohibits Arizona from compelling an applicant, employee or contractor to endorse giving
preferential treatment to or discriminating against an individual based on race or
ethnicity as a condition of hiring, promoting or contracting decisions.
2. Stipulates that Arizona is not permitted to disadvantage or treat differently on the basis
of race or ethnicity an individual from among a pool of applicants, students, employees or
contract recipients when making an admitting, contracting, hiring or promoting decision.
3. Specifies that any action that would otherwise be prohibited and that is taken in
accordance with federal requirements must be limited to advertising, communication or
outreach efforts.
4. Prohibits Arizona from implementing any disciplinary policy or action that treats an
individual student or group of students differently on the basis of race or ethnicity.
5. Asserts that access to facilities, grounds or services of Arizona may not be conditioned on
race or ethnicity of an individual or group.
6. Declares that, to uphold the United States Constitution as the supreme law of the land,
this state deems any requirements that Arizona practice racial discrimination
inconsistent with the 14th Amendment of the United States Constitution and subject to
the prohibitions outlined in the Arizona Constitution relating to the authority to exercise
sovereign authority against federal action.
7. Specifies that preferential treatment and discrimination prohibitions do not prohibit
qualifications based on tribal membership as part of a program established to serve
members of Indian tribes. HCR 2056
Initials SJ Page 2 Government
8. Outlines the specifics for what it means to compel an applicant, contractor or employee to
endorse giving preferential treatment or discriminating on the basis of race or ethnicity
for the purposes of eligibility for federal programs.
9. Asserts that this Act does not prevent Arizona from requiring applicants, contractors or
employees to do any of the following:
a) disclose or discuss the content of their scholarly research or creative works;
b) certify compliance with state and federal antidiscrimination law; or
c) discuss services, pedagogical approaches or experiences with students or individuals
with mental or physical disabilities.
10. Establishes that an applicant or employee is allowed to provide any information related
to preferential treatment or discrimination on their own initiative.
11. Directs the Secretary of State to submit this proposition to the voters at the next general
election.
12. Makes technical and conforming changes.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note