Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1005
public monies; ideology training; prohibition
Purpose
Prohibits a public entity from requiring or spending public monies on a diversity, equity
and inclusion program (DEI program) and allows an employee who is required to participate in
the program to bring an action against the public entity. Prohibits a public entity from entering into
a contract with a company that participates in a DEI program.
Background
Current statute prohibits a public entity from entering into a contract with a value of
$100,000 or more with a company to acquire or dispose of services, supplies, information
technology or construction unless the contract includes a written certification that the company is
not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of
goods and services from Israel. A public entity may not adopt a procurement, investment or other
policy that has the effect of inducing or requiring a person or company to boycott Israel (A.R.S.
§§ 35-393 and 35-393.01). A public entity also may not enter into or renew a contract with a
company to acquire or dispose of services, supplies, information technology, goods or construction
unless the contract includes a written certification that the company does not currently, and agrees
for the duration of the contract that it will not, use forced labor, or any goods or services produced
by the forced labor, of ethnic Uyghurs in the People's Republic of China (A.R.S. § 35-394).
The state General Fund (state GF) consists of all monies received into the state treasury
except for money designated by law for other statutory funds. Expenses paid from the state GF
must be authorized in an appropriation by the Legislature (A.R.S. § 35-141). The State Treasurer
is responsible for the safekeeping of all securities for which the State Treasurer is the lawful
custodian. The State Treasurer invests state monies and operates the Local Government Investment
Pool for the benefit of participating units of local government (A.R.S. § 35-314). The Arizona
Department of Administration prescribes the use of all budget units in an accounting system
designed to ensure compliance with all legal and constitutional requirements, including those
receiving, spending and accounting for public monies (A.R.S. § 35-131).
There is no anticipated fiscal impact to the state GF associated with this legislation.
Provisions
1. Prohibits a public entity from:
a) requiring an employee to engage in a DEI program;
b) spending public monies on a DEI program;
c) entering into or renewing a contract with a company that participates in a DEI program;
d) spending public monies to acquire services, supplies, information, technology or goods for
a DEI program; FACT SHEET
S.B. 1005
Page 2
e) establishing, supporting, sustaining or employing an office or individual whose duties
include coordinating, creating, developing, designing, implementing, organizing, planning
or promoting DEI programs;
f) advancing or adopting any policy or procedure designed to influence the composition of
its workforce on the basis of race, sex or color, except as required by federal law;
g) advancing or adopting any policy of procedure designed or implemented on the basis of
race, sex or color, except as required by federal law; or
h) promoting or adopting any theory of unconscious or implicit bias, cultural appropriation,
allyship, transgenderism, microaggressions, microinvalidation, group marginalization,
anti-racism, systemic oppression, ethnocentrism, structural racism or inequity, social
justice, intersectionality, neopronouns, inclusive language, heteronormativity, disparate
impact, gender identity or theory, racial or sexual privilege or any related theory as the
official position of the public entity.
2. Allows an employee of a public entity who is required to participate in a DEI program to bring
an action against the public entity.
3. Stipulates that an employee who demonstrates that a public entity violated the prohibition
relating to a DEI program is entitled to injunctive relief.
4. Stipulates that the prohibition relating to a DEI program does not preclude a public entity from:
a) offering training on sexual harassment; or
b) operating an office staffed by, or employing, licensed attorneys and legal support staff
whose sole purpose is ensuring compliance with federal law or an applicable court order.
5. Defines DEI program as a program that requires an employee of a public entity to participate
in or attend a training, orientation, workshop, therapy or similar activity that focuses on:
a) describing or exposing structures, systems, relations of power, privilege or subordination
on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation;
b) describing methods to identify, dismantle or oppose structures, systems, relations of power,
privilege or subordination on the basis of race, sex, color, gender, ethnicity, gender identity
or sexual orientation;
c) justifying differential treatment or benefit on the basis of sex, color, gender, ethnicity,
gender identity or sexual orientation; or
d) advancing theories of unconscious or implicit bias, cultural appropriation, allyship,
transgenderism, microaggressions, microinvalidation, group marginalization, anti-racism,
systemic oppression, ethnocentrism, structural racism or inequity, social justice,
intersectionality, neopronouns, inclusive language, heteronormativity, disparate impact,
gender identity or theory, racial or sexual privilege or any concept substantially related to
any of the outlined theories.
6. Defines public entity as:
a) the state;
b) a political subdivision of the state; FACT SHEET
S.B. 1005
Page 3
c) an agency, board, commission or department of the state or political subdivision of the
state; and
d) includes the universities under the jurisdiction of the Arizona Board of Regents and
community college districts as outlined.
7. Becomes effective on the general effective date.
Prepared by Senate Research
January 12, 2024
JT/slp