Arizona State Legislature 2024 recap

July 24, 2024
State Relations
pic12

The Arizona Legislature adjourned on June 15 after approving the fiscal year 2025 state budget. The 2024 session was not one of the state's longest, but it was unusual. As numerous House members resigned, Gov. Katie Hobbs (D) and lawmakers from both parties navigated a state budget deficit, big policy questions and shifting political alliances.

All the bills transmitted to the governor have been acted upon. Those signed by the governor will become law on Sept. 14, 2024, excepting those that had emergency effective dates. 

Below is the final update on bills lobbied or tracked by the University of Arizona. As is customary, positions taken by the three public universities are determined in consultation with the Arizona Board of Regents. 

ENACTED LEGISLATION

HB2178 – Universities; student fees; clubs; organizations (Rep. Alexander Kolodin) 

ABOR/U of A Position – Neutral because the sponsor accepted an ABOR-requested amendment. 

  1. Requires each public university that allocates student fee monies to support the activities of individual university-recognized student organizations or clubs to:
    1. provide each student who is charged the fee with a reasonable opportunity to select student organizations or clubs to which the university may NOT allocate the student's share of the fee monies; and 
    2. for each student who does not make a selection, use the student's share of the fee monies only for programs that are open to all students. 

FAILED LEGISLATION 

SB1040 - Student activity fees; conscience exemption (Sen. Anthony Kern)

ABOR/U of A Position – Oppose 

Requires ABOR to grant exemptions to students paying "Student Activity Fees" if one of the following applies to the student: 

  • Is a veteran who recently returned from service.
  • Was recently married or recently became a parent and does not participate in student activities. 
  • Objects on religious or moral grounds.
  • Demonstrates financial hardship. 
  • Is on campus only part time.

SB1043 – Genetic counselors; licensure (Rep. T.J. Shope) 

ABOR/U of A Position – Support

Establishes regulations and licensure requirements for genetic counselors. 

SB1152 – Arizona State University; appropriation reduction (Sen. Anthony Kern)

ABOR/U of A Position – Oppose 

Removes all state funding from Arizona State University, which would result in a $548,865,100 budget reduction.  

SB1198 – Disruption; educational institution; concealed weapon (Sen. Wendy Rogers) 

ABOR/U of A Position – Oppose 

A university or community college would not be able to prohibit a person's legal possession of a concealed weapon on campus.

SB1303 – ABOR; high school honors endorsements (Sen. Anthony Kern)

ABOR/U of A Position – Neutral 

Requires ABOR to extend honors endorsements to students at district schools, charter schools and private schools.

SB1304 – ABOR; postsecondary institutions; policies (Sen. Anthony Kern)

ABOR/U of A Position – Oppose 

This is an "omnibus" bill, which includes provisions from SB1303, SB1305, SB1306, SB1307 and SB1470.

SB1305 – Public universities; posting requirements (Sen. Anthony Kern)

ABOR/U of A Position – Oppose 

  1. Requires each academic unit, before classes begin for any term, to prominently post the following information, for each outlined course offered by the academic unit, on the academic unit's website, course directory and any other place where courses are publicly listed:
    1. the title of the course;
    2. the current course syllabus; and
    3. the name of the primary instructor for the course, including either the instructor's curriculum vitae or the instructor's resume and a complete list of the instructor's published work.
  2. Requires the posted course syllabus to include a comprehensive list of all materials and resources that students will review in the course including, books, excerpts from books, articles, research papers, written works that are provided in an electronic format, videos and movies.
  3. Requires the posted course syllabus to include the following for all course material:
    1. for an item that is provided online, the website address and version or edition of the item that students will review in the course;
    2. the title, author, version or edition, publisher and publication date for the item that students will review in the course; or 
    3. as allowed by state or federal law, a copy of the item that students will review in each course.
  4. Requires the outlined instructors to annually update the curriculum vitae or resume and the list of published work.
  5. Prohibits an academic unit that fails to satisfy the outlined posting requirements for any course that is offered by the academic unit from: 
    1. including the course on the academic unit's website, course directory or any other place where courses are publicly listed; and 
    2. allowing any student to enroll in the course.
  6. Requires ABOR to establish policies and procedures to enforce the outlined requirements relating to the posting of information on the academic unit's website.
  7. Defines "academic unit" as a college, school or department operated by a university under the jurisdiction of ABOR.

SB1306 – ABOR; administrative powers; delegation; limitation (Sen. Anthony Kern)

ABOR/U of A Position – Neutral 

States that the delegation of authority does not limit the Arizona Board of Regents' responsibility to execute its duties.

SB1307 – Postsecondary institutions; free expression; policies (Sen. Anthony Kern)

ABOR/U of A Position – Oppose 

  1. Requires ABOR and each community college district governing board to adopt an enforceable free expression policy and requires the policy to specify that students and faculty may assemble and engage in expressive activities without penalty or retaliation.
  2. Requires the free expression policy adopted by ABOR and each community college district governing board to state that there is a range of disciplinary actions for an administrator, faculty member or other employee who materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity.
  3. Subjects any investigation of the conduct of an administrator, faculty member or employee that allegedly materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity to the following requirements:
    • a university or community college may not investigate the allegations until after the university or community college has notified the administrator, faculty member or employee who is subject to investigation about the specific allegations and has given the administrator, faculty member or employee a reasonable opportunity to respond to the allegations;
    • the person responsible for an investigation must disclose all conclusions and recommendations relating to the investigation to the administrator, faculty member or employee who is the subject of the investigation before submitting the final report and recommendations to the university or community college; and
    • the final report and recommendations for an investigation must include any response that the university or community college received from the administrator, faculty member or employee who is the subject of the investigation or that the administrator, faculty member or employee submitted in response to the outlined conclusions and recommendations.
  4. Stipulates that in an outlined disciplinary proceeding involving administrators, faculty members or other employees, the individual who is subject to discipline is entitled to the right to active assistance of counsel if the termination of employment is a potential consequence of the disciplinary proceeding.
  5. Stipulates that if an administrator, faculty member or other employee has repeatedly been determined to have engaged in individual conduct that materially and substantially infringes on the rights of other persons to engage in or listen to expressive activity, a punishment of suspension, expulsion or termination of employment from the university or community college may be appropriate.
  6. Requires ABOR and each community college district governing board to:
    • publish all policies, regulations and other materials that describe the rights and responsibilities of students, administrators, faculty members and other employees relating to free expression on campus; and
    • develop materials, programs and procedures to ensure that any individual who has disciplinary authority understands the outlined policies, regulations and other materials and understands the university's or community college's responsibilities relating to free expression on campus.
  7. Allows universities and community colleges to restrict administrators, faculty members or other employee's expression only for expressive activity that is not protected by the U.S. Constitution.
  8. Requires ABOR to adopt personnel policies for all employees of ABOR and the universities that:
    • require all officers and employees of ABOR and of the universities to protect the rights of students, administrators, faculty members and other employees as outlined by the U.S. Constitution and Arizona Constitution;
    • prohibit the president, administrators, faculty members and other employees of each institution from retaliating against any individual, including an administrator, faculty member, employee or student, for outlined rights; and
    • require the president of each institution under the jurisdiction of ABOR to adopt policies and procedures to enforce outlined protections.
  9. Defines "individual who has disciplinary authority" as administrators, campus police officers, individuals who are responsible for maintaining order in a shared student housing setting under the jurisdiction of the university or community college and any individual who provides instruction to students or school employees.

SB1477 – Political bias; grade challenge department (Sen. Anthony Kern)

ABOR/U of A Position – Oppose 

Establishes the Grade Challenge Department (Department) within the Arizona Board of Regents to hear challenges from students alleging a grade was awarded due to political bias. Authorizes the Department or ABOR to require a faculty member to regrade or reevaluate a student's assignment or overall grade as outlined. 

HB2735 – ABOR; course approval; accounting system (Rep. Travis Grantham) 

ABOR/U of A Position – Neutral 

Allows ABOR to delegate its authority to approve academic degrees or organizational units only to a university president, who may not further delegate that authority. 

Requires ABOR and university presidents to consult, rather than share responsibility with, university faculty regarding educational and personnel matters. 

Changes faculty's role in university governance from participation to consultation. 

Requires each university to provide ABOR with access to the university's accounting and reporting system for oversight and monitoring purposes. 

HB2759 – Student organizations; terrorism; withholding monies (Rep. Alma Hernandez) 

ABOR/U of A Position – Neutral 

  1. Prohibits an institution of higher education from formally recognizing a student organization that:
    • provides material support to a Foreign Terrorist Organization (FTO), including an FTO that calls for genocide against the Jewish people;
    • vocally supports, calls for or advocates for genocide, including genocide against the Jewish people;
    • promotes an FTO in any manner that places a Jewish student in reasonable apprehension of imminent physical injury;
    • promotes an FTO on the student organization's official social media accounts or communication platforms; or
    • engages in activities that manifest evidence of prejudice based on antisemitism.
  2. Requires each institution of higher education to:
    • enforce the institution of higher education's codes of conduct, including provisions regarding violent speech on campus;
    • fully investigate the activities of any student organization that has been reported for a potential violation of providing material support to terrorists, providing material support or resources to designated FTOs or any state law relating to supporting an FTO
    • rescind formal recognition of any student organization that the institution of higher education determines to have violated providing material support to terrorists, providing material support or resources to designated FTOs or any state law relating to supporting an FTO.
  3. Directs each institution of higher education to:
    • require each faculty adviser of a formally recognized student organization to report any violation of providing material support to terrorists, providing material support or resources to designated FTOs or any state law relating to support an FTO; and
    • discipline any faculty adviser who knowingly violates the reporting requirement.

HCR2056 – Preferential treatment; discrimination; prohibition (Rep. Steve Montenegro)

ABOR/U of A Position – Neutral because the Sponsor Accepted an Amendment 

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.