House of Representatives

HB 2403

public monies; boy scout discrimination

Sponsors: Representatives Anderson, Cooley, Pearce, et al.

dpa S/E	Committee on Human Services
x	Caucus and COW
	As Passed the House

HB 2403 establishes a section of statute declaring that state public or tax monies shall not be used to discriminate against, investigate or deny or withdraw access to public property for the Boy Scouts of America on the basis of beliefs, or to compel the Boy Scouts of America to employ, enroll or accept as a member or volunteer, any individual whose sexual or religious beliefs are not consistent with the Boy Scouts' policies, programs, morals or missions.

HB 2403 was amended in the Human Services Committee with a Strike-Everything amendment as follows:

· Declares that a school district governing board, superintendent or chief administrative officer shall establish a fee amount for the use of school property without regard to the beliefs, expression of beliefs or exercise of rights protected under the federal or state constitutions for any person, group or organization. Currently, a school district governing board, superintendent or chief executive 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 purposes in the interest of the community.

· States that a school sponsored group or any organization may be allowed to use school buildings, grounds, buses, equipment and other school property without cost. Current law states that the group must be school related.

· Stipulates that a nonprofit organization may be allowed to use school buildings, grounds, buses, equipment and other school property without cost if the nonprofit organization provides activities that are open to the general public and the activities promote the education, health or welfare of pupils. Current law states that an organization may be granted use of such property and equipment without cost if the organization's membership is open to the public and the activities provided promote the educational function of the school.

· Declares that a private organization shall not be discriminated against for the uncompensated use of school property and equipment based upon the organization's beliefs, expression of beliefs or exercise of rights protected under the federal or state constitutions.

· Establishes a section of statute declaring that public monies and tax revenues of the state or a political subdivision shall not be:

· Denied or withdrawn from a nonprofit organization due to the organization's beliefs, expressions of beliefs or exercise of rights protected under the federal or state constitutions.

· Used to compel or attempt to compel a nonprofit organization to hire, employ, enroll or accept as a member, volunteer or employee any individual based upon the individual's sexual or religious beliefs, except as necessary to comply with an administrative or judicial fining of unlawful discrimination under federal or state law.

· Used to place conditions on a charitable funding organization which solicits voluntary charitable contributions from employees of the State or a political subdivision.

· Defines the terms charitable funding organization and nonprofit organization.

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45th Legislature

First Regular Session 2 February 7, 2001

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