Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR H.C.R. 2056
preferential treatment; discrimination; prohibition
Purpose
Subject to voter approval, constitutionally prohibits the state from compelling an individual
to endorse giving preferential treatment to or discriminating against any individual or individuals
on the basis of race or ethnicity as a condition of any hiring, promoting or contracting decision.
Background
The Fourteenth Amendment to the U.S. Constitution deems all persons who are born or
naturalized in the United States and subject to U.S. jurisdiction to be citizens of the United States
and their state of residence. A state may not: 1) make or enforce a law abridging the privileges or
immunities of a U.S. citizen; 2) deprive a person of life, liberty or property without due process of
law; or 3) deny a person within its jurisdiction the equal protection of law. The Fourteenth
Amendment also includes a requirement to reduce a state's apportionment of representatives for
denying certain persons the right to vote and a prohibition against certain officials who have
engaged in insurrection or rebellion holding office. Congress has the power to enforce the
provisions by appropriate legislation (U.S. Const. amend. XIV). Title VI of the federal Civil Rights
Act of 1964 prohibits a person from being excluded from participation in, denied the benefits of
or subjected to discrimination under any program or activity receiving federal financial assistance
based on race, color or national origin (P.L. 88-352, 88th Congress, 1964).
The State of Arizona may not grant preferential treatment to or discriminate against any
individual or group on the basis of race, sex, color, ethnicity or national origin in relation to public
employment, education or contracts. The Arizona Constitution does not prohibit: 1) bona fide
qualifications based on sex that are reasonably necessary for the normal operation of public
employment, education or contracting; 2) any 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 Arizona;
and 3) invalidating any court order or consent decree that is in force (Ariz. Const. art. 2 ยง 36).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the state from compelling an applicant, employee or contractor to endorse giving
preferential treatment to or discriminating against any individual on the basis of race or
ethnicity, as a condition of any hiring, promoting or contracting decision.
2. Prohibits the state, under any circumstance, from disadvantaging or treating an individual or
individuals differently on the basis of race or ethnicity, from a pool of applicants, students,
employees or contract recipients when making a hiring, contracting, promotion or admission
decision. FACT SHEET
H.C.R. 2056
Page 2
3. Limits any action relating to preferential treatment, including an affirmative action policy, to
outreach, advertising or communication efforts that do not modify any application criteria or
evaluation.
4. Prohibits the state from implementing any disciplinary policy or action that treats an individual
student or employee or group of students or employees differently on the basis of race or
ethnicity.
5. Prohibits access to services, facilities or grounds of the state from being conditioned on race
or ethnicity of any individual or group of individuals.
6. Deems any requirement that the state practice racial discrimination, except in accordance with
the exemption for outreach, advertising or communication efforts necessary for federal
program eligibility, to be:
a) inconsistent with the Fourteenth Amendment of the U.S. Constitution; and
b) subject to the prohibition on the state and its political subdivisions using personnel or
financial resources to enforce, administer or cooperate with the designated federal action
or program.
7. Exempts, from the preferential treatment prohibition, qualifications based on tribal
membership as part of a program established to serve members of Indian tribes.
8. Includes in the act of compelling an applicant, employee or contractor to endorse giving
preferential treatment or discriminating on the basis of race or ethnicity:
a) requiring or soliciting a written or oral statement in support of any theory or practice that
advocates for the differential treatment of individuals based on race or ethnicity and any
formulation of diversity, equity, inclusion or intersectionality, beyond upholding the equal
protection of the laws guaranteed by the Fourteenth Amendment of the U.S. Constitution;
b) requiring or soliciting an individual to confess race-based privilege or discuss the
individual's race or ethnicity or views on or experience with the race or ethnicity of others;
and
c) giving preferable consideration to an individual for opinions expressed or actions taken in
support of another individual or a group of individuals in which the consideration is based
on the race or ethnicity of those individuals.
9. Stipulates that the preferential treatment prohibition does not prevent the state from either
doing or requiring applicants, employees or contractors to:
a) disclose or discuss the content of their scholarly research or creative works;
b) certify compliance with state and federal antidiscrimination law;
c) if expressly required by federal law, certify the existence of an affirmative action plan that
does not include preferential treatment of individuals on the basis of race or ethnicity; or
d) discuss services, pedagogical approaches or experiences with students or individuals with
mental or physical disabilities.
10. Stipulates that the preferential treatment prohibition does not prevent any applicant or
employee from providing any of the outlined information on the applicant's or employee's own
initiative. FACT SHEET
H.C.R. 2056
Page 3
11. Removes the stipulation that the preferential treatment prohibition applies only to actions that
are taken after December 14, 2010.
12. Makes technical and conforming changes.
13. Requires the Secretary of State to submit the proposition to the voters at the next general
election.
14. Becomes effective if approved by the voters and on proclamation of the Governor.
House Action
GOV 2/14/24 DP 5-3-1-0
3
rd
Read 2/28/24 31-28-0-0-1
Prepared by Senate Research
March 11, 2024
JT/MA/slp