PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2403
(Reference to printed bill)
Strike everything after the enacting clause and
insert:
"Section 1. Section 15-1105, Arizona Revised Statutes, is amended to read:
15-1105. Civic center school fund; reversion to school plant fund; definition
A. The governing board, or the superintendent or
chief administrative officer with the approval of the governing board, may
lease school buildings, grounds, buses, equipment and other school property to
any person, group or organization for any recreational, educational, political,
economic, artistic, moral, scientific, social or other civic purpose in the
interest of the community, including extended day resource
programs. The governing board, superintendent or chief
administrative officer shall charge a reasonable use fee for the lease of the
school property, which fee may include goods contributed or services rendered
by the person, group or organization to the school district. The
amount of the fee shall be set without regard to the person’s, group’s or
organization’s beliefs, expression of beliefs or exercise of rights of
association that are protected under the constitution of the United States or
the Constitution of Arizona.
B. The governing board, or the superintendent or
chief administrative officer with the approval of the governing board, may
permit the uncompensated use of school buildings, grounds, buses,
equipment and other school property by any school related sponsored
group or by any nonprofit
organization whose membership is open to
the public and whose that
provides activities that
are open to the general public and that promote the educational function education, health or welfare of pupils
of the school district as determined in good faith by the school district's
governing board, or the superintendent or chief administrative officer with the
approval of the governing board, including extended day resource programs,
except as provided in section 15-511. The determination of whether a private
organization is allowed the uncompensated use of school facilities shall be
made without regard to the organization’s beliefs, expression of beliefs or
exercise of rights of association that are protected under the constitution of
the United States or the Constitution of Arizona.
C. The governing board, superintendent or chief administrative officer shall require proof of liability insurance for such use or lease of school property.
D. Except as provided in section 15-1102, monies received for and derived from the use or lease of school property under this section shall be promptly deposited with the county treasurer who shall credit the deposits to the civic center school fund of the respective school district. Monies placed to the credit of a civic center school fund may be expended for civic center school purposes by warrants drawn upon order of the school district governing board, or the superintendent or chief administrative officer with the approval of the governing board. The civic center school fund of a school district or multiple school district civic center school program is a continuing fund not subject to reversion, except upon termination of a civic center school program. Upon termination of a civic center school program any remaining funds shall revert to the school plant fund of the school district or districts.
E. For the purposes of this section, "extended day resource programs" means activities offered on school property before or after school or at times when school is not customarily in session for children who are of the age required for kindergarten programs and grades one through eight. The program may be offered for children who are of the age required for a kindergarten program or for one grade or for any combination of kindergarten programs and grades. Activities may include physical conditioning, tutoring, supervised homework or arts activities.
Sec. 2. Title 35, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 35-196.04, to read:
35-196.04. Coercive use or denial of public monies and tax revenues prohibited
A. Public
monies and tax revenues of this state or a political subdivision of this state
shall not be:
1. Denied or
withdrawn from a nonprofit organization because of the organization’s beliefs,
expression of beliefs or exercise of rights of association that are protected
under the constitution of the United States or the Constitution of Arizona.
2. Used to
compel or attempt to compel a nonprofit organization to hire, employ, enroll or
accept as a member, volunteer or employee an individual on the basis of the
individual’s sexual preference, sexual BEHAVIOR, sexual orientation or
religious beliefs except as necessary to comply with an administrative or
judicial FINDING of unlawful discrimination under state or federal law.
3. Used to
place conditions upon a charitable funding organization that solicits or seeks
to solicit voluntary charitable contributions from employees of this state or a
political subdivision of this state, except for reasonable procedural
conditions that are necessary for efficiently conducting the solicitation. for the purposes of this paragraph, a
charitable funding organization is a nonprofit organization that solicits funds
on behalf of other nonprofit organizations.
B. For purposes of this section, “nonprofit organization” means any organization that is exempt from income tax under 26 United States Code section 501(c)."