Reference Title: constitution; discrimination; preferential

A CONCURRENT RESOLUTION
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; AMENDING ARTICLE II, CONSTITUTION OF ARIZONA, BY ADDING SECTION 13.1; RELATING TO DISCRIMINATION AND PREFERENTIAL TREATMENT.

Be it resolved by the House of Representatives of the State of Arizona, the

Senate concurring:

1. Article II, Constitution of Arizona, is proposed to be amended as follows, by adding section 13.1, if approved by the voters and on proclamation of the Governor:

13.1. Prohibition against discrimination and preferential treatment by political subdivisions

SECTION 13.1. THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE SHALL NOT DISCRIMINATE AGAINST OR GRANT PREFERENTIAL TREATMENT TO AN 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. THIS SECTION DOES NOT:

1. PROHIBIT BONA FIDE QUALIFICATIONS BASED ON SEX THAT ARE REASONABLY NECESSARY TO THE NORMAL OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION OR PUBLIC CONTRACTING.

2. INVALIDATE ANY COURT ORDER OR CONSENT DECREE THAT IS IN FORCE ON THE EFFECTIVE DATE OF THIS SECTION.

3. PROHIBIT 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 THIS STATE OR A POLITICAL SUBDIVISION.

4. APPLY TO ANY ACTION TAKEN BEFORE THE EFFECTIVE DATE OF THIS SECTION.

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.