Governor signs repeal on abortion ban as legislature moves on to other business

May 7, 2024

Governor signs repeal on abortion ban as legislature moves on to other business

Arizona’s abortion ban is repealed, though it will remain in state law until 90 days after the end of the 2024 legislative session. 

Governor Hobbs signed the repeal after two Republican legislators – Senator Shawnna Bolick (R-Phoenix) and Senator TJ Shope (R-Coolidge) – joined Democrats to approve the bill in a tense voting session on Wednesday.

The timeline for the abortion law remains unclear since there’s no sign of the end of the legislative session. The abortion ban is not yet in effect, either: Attorney General Kris Mayes (D) believes it won’t be enforceable before June 27 due to a delay when the Arizona Supreme Court considered – then denied – her request to reconsider the ruling. This week, she asked the Court to further delay enforcement of its ruling.

What’s next?

This is the 117th day of the legislative session, and there’s not much work remaining for the House and Senate to do before they adjourn the session. There’s growing pressure on legislative leaders, who are negotiating a state budget and trying to find agreement on final details to proposals on housingeducation funding and ballot referrals. House Republicans could still advance referrals on abortion, as well, though Senate Republicans haven’t focused on that option.

The House is on a two-week break and will return to work on May 15; the Senate will reconvene on May 8.

Higher Education 

The following bills related to higher education are still active and will likely continue through the legislative process since the legislature is no longer dealing with abortion. 

SB1304 - ABOR; postsecondary institutions; policies (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Status – Awaiting vote on the House Floor  

Omnibus bill, which includes provisions from SB1303, SB1305, SB1306, SB1307, which are no longer moving.

Requires academic units to post online prior to classes beginning:

  • Courses offered by the unit (and accompanying course and instructor info)
  • Syllabi for the courses
  • Number of students enrolled in each class
  • Number of students enrolled in classes taught by an instructor
  • Meeting minutes and records of faculty meetings
  • Announcements regarding academic unit official business

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

States that the delegation of authority does not limit the Arizona Board of Regent’s responsibility to execute its duties.

Requires the Arizona Board of Regents 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 or engage in expressive activities without penalty or retaliation. 

A more detailed summary can be found here

SB1477 - political bias; grade challenge department (Senator Kern – Phoenix West Valley)

ABOR/UA Position – Oppose 

Legislative Status - Awaiting vote on the House Floor  

Establishes the Grade Challenge 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. 

 A more detailed summary can be found here

HB2735 - ABOR; course approval; accounting system (Representative Grantham – Phoenix East Valley) 

ABOR/UA Position – Neutral 

Legislative Status – Awaiting vote on the Senate Floor  

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. 

HCR2056 – Preferential treatment; discrimination; prohibition (Representative Montenegro)

ABOR/UA Position – Neutral because the sponsor accepted an amendment 

Legislative Position – Awaiting vote on the Senate Floor  

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.

 A more detailed summary can be found here

Signed By Governor: 

HB2178 - Universities; student fees; clubs; organizations (Senator Kolodin – Scottsdale) 

ABOR/UA Position – Neutral because the sponsor accepted an amendment 

Legislative Status – Signed by Governor   

Requires an Arizona public university that allocates student fee monies to support the activities of individual university-recognized organizations to provide each student with a reasonable opportunity to select student organizations that may not receive the student's share of the monies.