House Engrossed preferential treatment; discrimination; prohibited acts State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE CONCURRENT RESOLUTION 2042 A CONCURRENT RESOLUTION Proposing an amendment to the Constitution of Arizona; amending article II, section 36, Constitution of Arizona; relating to the prohibition of preferential treatment and discrimination. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed preferential treatment; discrimination; prohibited acts
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE CONCURRENT RESOLUTION 2042
House Engrossed
preferential treatment; discrimination; prohibited acts
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE CONCURRENT RESOLUTION 2042
A CONCURRENT RESOLUTION
Proposing an amendment to the Constitution of Arizona; amending article II, section 36, Constitution of Arizona; relating to the prohibition of preferential treatment and discrimination.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring: 1. Article II, section 36, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: 36. Preferential treatment or discrimination prohibited; exceptions; definition Section 36. A. This state shall not do any of the following: 1. Grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting. 2. Compel an applicant, employee, student or contractor to endorse or support giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity as a condition of any admission, graduation, hiring, promotion, certification or contracting decision or other employment function or scholarship opportunity. 3. Spend public monies to operate or contract for any office or position in an institution of public education that is responsible for promoting preferential treatment toward or discrimination against an individual or group on the basis of race or ethnicity. 4. Implement any disciplinary policy or practice that treats an individual student or employee or group of students or employees differently on the basis of race or ethnicity. B. The prohibition in subsection A, paragraph 2 of this section regarding compelling an applicant, employee, student or contractor to endorse or support giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity includes all of the following: 1. Requiring or soliciting a written or oral statement in support of any of the following: (a) A theory or practice that advocates for the differential treatment of any individual or group of individuals on the basis of race or ethnicity. (b) Any Formulation of race-based diversity, equity and inclusion or intersectionality in contemporary american society beyond upholding the equal protection of the laws guaranteed by the fourteenth amendment of the constitution of the united states. (c) The belief that a racially neutral or colorblind law, policy or institution perpetuates racial oppression or injustice or race-based privilege in contemporary american society. 2. 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. 3. Giving preferable consideration to an individual for an opinion expressed or an act taken in support of another individual or a group of individuals if the consideration is based on the race or ethnicity of those individuals. 4. Requiring enrollment in, or completion of, any training or course that promotes any of the tenets prescribed in paragraphs 1, 2 and 3 of this subsection and as may be prescribed by the legislature. C. The prohibition in subsection A, paragraph 3 of this section regarding spending public monies to operate or contract for any office or position in an institution of public education that is responsible for promoting preferential treatment toward or discrimination against an individual or group on the basis of race or ethnicity: 1. Includes using any appropriated monies or any revenue that is derived from any tax, fee, grant, tuition, endowment or donation or any other source that is under the control of the institution or the institution's component units to promote or promulgate any of the following: (a) An effort to manipulate or otherwise influence the composition of the faculty or student body with reference to race, sex or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal antidiscrimination laws. (b) The differential treatment of or the provision of special benefits to individuals on the basis of race or ethnicity. (c) Policies or procedures that are designed or implemented in reference to race or ethnicity. (d) Training, programming or activities designed or implemented with reference to race, ethnicity, intersectionality, gender identity or sexual orientation. (e) Related practices or concepts as may be prescribed by the legislature. 2. Does not include any of the following: (a) Academic course instruction, research or creative works by the institution's students, faculty or other research personnel and the dissemination of those items. (b) Activities of registered student organizations or arrangements for guest speakers and performers with short-term engagements. (c) Mental or physical health services that are provided by a licensed professional. B. D. This section does not: 1. Prohibit bona fide qualifications based on sex, including sex-specific spaces or designations, that are reasonably necessary to the normal operation of public employment, public education or public contracting. 2. Prohibit action that must be taken to establish or maintain eligibility for any federal program, if both of the following apply: (a) Ineligibility would result in a loss of federal monies to this state. (b) The action that would otherwise be prohibited is limited to outreach, advertising or communication efforts that do not modify any application criterion or the evaluation of any student, employee or candidate. 3. Invalidate any court order or consent decree that is in force as of the effective date of this section December 14, 2010. 4. Prohibit a qualification that is based on tribal membership as part of a program established to serve members of Indian tribes. 5. Prohibit data collection, advertising or outreach, as required by federal law. 6. Prohibit mental or physical health services that are provided by a licensed professional. 7. Include a training, program or activity developed by an attorney and approved in writing by the institution's general counsel and governing board for the sole purpose of ensuring compliance with any applicable court order or state or federal antidiscrimination law. 8. Prohibit identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including slavery, indian removal, the holocaust or Japanese-American internment. 9. Prevent this state from either doing or requiring an applicant, employee or contractor to do any of the following: (a) Disclose or discuss the content of the individual's scholarly research or creative works. (b) Certify compliance with state and federal antidiscrimination laws. (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. C. E. The remedies available for a violation of this section are the same, regardless of the injured party's race, sex, color, ethnicity or national origin, as are otherwise available for a violation of the existing antidiscrimination laws of this state. D. F. This section applies only to actions that are taken after the effective date of this section December 14, 2010. E. G. This section is self-executing. F. H. For the purposes of this section, "state" includes this state, a city, town or county, a public university, including the university of Arizona, Arizona state university and northern Arizona university, a community college district, a school district, a special district or any other political subdivision in this state. 2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article II, section 36, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
36. Preferential treatment or discrimination prohibited; exceptions; definition
Section 36. A. This state shall not do any of the following:
1. Grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.
2. Compel an applicant, employee, student or contractor to endorse or support giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity as a condition of any admission, graduation, hiring, promotion, certification or contracting decision or other employment function or scholarship opportunity.
3. Spend public monies to operate or contract for any office or position in an institution of public education that is responsible for promoting preferential treatment toward or discrimination against an individual or group on the basis of race or ethnicity.
4. Implement any disciplinary policy or practice that treats an individual student or employee or group of students or employees differently on the basis of race or ethnicity.
B. The prohibition in subsection A, paragraph 2 of this section regarding compelling an applicant, employee, student or contractor to endorse or support giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity includes all of the following:
1. Requiring or soliciting a written or oral statement in support of any of the following:
(a) A theory or practice that advocates for the differential treatment of any individual or group of individuals on the basis of race or ethnicity.
(b) Any Formulation of race-based diversity, equity and inclusion or intersectionality in contemporary american society beyond upholding the equal protection of the laws guaranteed by the fourteenth amendment of the constitution of the united states.
(c) The belief that a racially neutral or colorblind law, policy or institution perpetuates racial oppression or injustice or race-based privilege in contemporary american society.
2. 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.
3. Giving preferable consideration to an individual for an opinion expressed or an act taken in support of another individual or a group of individuals if the consideration is based on the race or ethnicity of those individuals.
4. Requiring enrollment in, or completion of, any training or course that promotes any of the tenets prescribed in paragraphs 1, 2 and 3 of this subsection and as may be prescribed by the legislature.
C. The prohibition in subsection A, paragraph 3 of this section regarding spending public monies to operate or contract for any office or position in an institution of public education that is responsible for promoting preferential treatment toward or discrimination against an individual or group on the basis of race or ethnicity:
1. Includes using any appropriated monies or any revenue that is derived from any tax, fee, grant, tuition, endowment or donation or any other source that is under the control of the institution or the institution's component units to promote or promulgate any of the following:
(a) An effort to manipulate or otherwise influence the composition of the faculty or student body with reference to race, sex or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal antidiscrimination laws.
(b) The differential treatment of or the provision of special benefits to individuals on the basis of race or ethnicity.
(c) Policies or procedures that are designed or implemented in reference to race or ethnicity.
(d) Training, programming or activities designed or implemented with reference to race, ethnicity, intersectionality, gender identity or sexual orientation.
(e) Related practices or concepts as may be prescribed by the legislature.
2. Does not include any of the following:
(a) Academic course instruction, research or creative works by the institution's students, faculty or other research personnel and the dissemination of those items.
(b) Activities of registered student organizations or arrangements for guest speakers and performers with short-term engagements.
(c) Mental or physical health services that are provided by a licensed professional.
B. D. This section does not:
1. Prohibit bona fide qualifications based on sex, including sex-specific spaces or designations, that are reasonably necessary to the normal operation of public employment, public education or public contracting.
2. Prohibit action that must be taken to establish or maintain eligibility for any federal program, if both of the following apply:
(a) Ineligibility would result in a loss of federal monies to this state.
(b) The action that would otherwise be prohibited is limited to outreach, advertising or communication efforts that do not modify any application criterion or the evaluation of any student, employee or candidate.
3. Invalidate any court order or consent decree that is in force as of the effective date of this section December 14, 2010.
4. Prohibit a qualification that is based on tribal membership as part of a program established to serve members of Indian tribes.
5. Prohibit data collection, advertising or outreach, as required by federal law.
6. Prohibit mental or physical health services that are provided by a licensed professional.
7. Include a training, program or activity developed by an attorney and approved in writing by the institution's general counsel and governing board for the sole purpose of ensuring compliance with any applicable court order or state or federal antidiscrimination law.
8. Prohibit identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including slavery, indian removal, the holocaust or Japanese-American internment.
9. Prevent this state from either doing or requiring an applicant, employee or contractor to do any of the following:
(a) Disclose or discuss the content of the individual's scholarly research or creative works.
(b) Certify compliance with state and federal antidiscrimination laws.
(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.
C. E. The remedies available for a violation of this section are the same, regardless of the injured party's race, sex, color, ethnicity or national origin, as are otherwise available for a violation of the existing antidiscrimination laws of this state.
D. F. This section applies only to actions that are taken after the effective date of this section December 14, 2010.
E. G. This section is self-executing.
F. H. For the purposes of this section, "state" includes this state, a city, town or county, a public university, including the university of Arizona, Arizona state university and northern Arizona university, a community college district, a school district, a special district or any other political subdivision in this state.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.