Arizona Fifty-fifth Legislature - Second Regular Session Status: Passed House 3 R cosponsors

HB 2112 — classroom instruction; race; ethnicity; sex

Last action — DPA/SE

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

82 added · 128 removed

Plain-language change summary

The new version of HB 2112 clarifies that public funds cannot be used for instruction that blames or judges individuals based on race, ethnicity, or sex. Specifically, it removes the term "presents" and replaces it with "promotes or advocates for," which strengthens the language against any teaching that could be seen as assigning blame. This change is important because it aims to provide clearer guidelines for educators on what is acceptable in the classroom, potentially impacting the way history and societal issues are taught.

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Fifty-fifth Legislature Finance Second Regular Session H.B.
House Engrossed classroom instruction;
2112 PROPOSED SENATE AMENDMENTS TO H.B.
race;
2112 (Reference to House engrossed bill) Strike everything after the enacting clause and insert:
ethnicity;
"Section 1.
sex State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2112 AN ACT REPEALING SECTIONS 15-711.01 AND 15-717.02, ARIZONA REVISED STATUTES;
Section 43-1122, Arizona Revised Statutes, is amended to read:
AMENDING TITLE 15, CHAPTER 7, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING NEW SECTIONS 15-711.01 AND 15-717.02;
43-1122.
RELATING TO SCHOOL INSTRUCTION.
Subtractions from Arizona gross income;
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
corporations In computing Arizona taxable income for a corporation, the following amounts shall be subtracted from Arizona gross income:
2112 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Repeal Sections 15-711.01 and 15-717.02, Arizona Revised Statutes, are repealed.
Sec.
2.
Title 15, chapter 7, article 1, Arizona Revised Statutes, is amended by adding new sections 15-711.01 and 15-717.02, to read:
15-711.01.
Instruction;
child assault awareness;
abuse prevention NOTWITHSTANDING ANY OTHER LAW, AGE-APPROPRIATE AND GRADE-APPROPRIATE CLASSROOM INSTRUCTION REGARDING CHILD ASSAULT AWARENESS AND ABUSE PREVENTION IS ALLOWED.
15-717.02.
Prohibited instruction;
disciplinary action;
legal action;
civil penalty;
definition A.
A TEACHER, ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT, CHARTER SCHOOL OR STATE AGENCY WHO IS INVOLVED WITH STUDENTS AND TEACHERS IN PRESCHOOL OR KINDERGARTEN PROGRAMS OR ANY OF GRADES ONE THROUGH TWELVE MAY NOT USE PUBLIC MONIES FOR INSTRUCTION THAT PROMOTES OR ADVOCATES FOR ANY FORM OF BLAME OR JUDGMENT ON THE BASIS OF RACE, ETHNICITY OR SEX.
B.
A TEACHER, ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT, CHARTER SCHOOL OR STATE AGENCY WHO IS INVOLVED WITH STUDENTS AND TEACHERS IN PRESCHOOL OR KINDERGARTEN PROGRAMS OR ANY OF GRADES ONE THROUGH TWELVE MAY NOT ALLOW INSTRUCTION THAT PROMOTES OR ADVOCATES FOR ANY OF THE FOLLOWING CONCEPTS:
The excess of a partner's share of income required to be included under section 702(a)(8) of the internal revenue code over the income required to be included under chapter 14, article 2 of this title.
ONE RACE, ETHNIC GROUP OR SEX IS INHERENTLY MORALLY OR INTELLECTUALLY SUPERIOR TO ANOTHER RACE, ETHNIC GROUP OR SEX.
The excess of a partner's share of partnership losses determined pursuant to chapter 14, article 2 of this title over the losses allowable under section 702(a)(8) of the internal revenue code.
AN INDIVIDUAL, BY VIRTUE OF THE INDIVIDUAL'S RACE, ETHNICITY OR SEX, IS INHERENTLY RACIST, SEXIST OR OPPRESSIVE, WHETHER CONSCIOUSLY OR UNCONSCIOUSLY.
The amount allowed by section 43-1025 for contributions during the taxable year of agricultural crops to charitable organizations.
AN INDIVIDUAL SHOULD BE INVIDIOUSLY DISCRIMINATED AGAINST OR RECEIVE ADVERSE TREATMENT SOLELY OR PARTLY BECAUSE OF THE INDIVIDUAL'S RACE, ETHNICITY OR SEX.
The portion of any wages or salaries paid or incurred by the taxpayer for the taxable year that is equal to the amount of the federal work opportunity credit, the empowerment zone employment credit, the credit for employer paid social security taxes on employee cash tips and the Indian employment credit that the taxpayer received under sections 45A, 45B, 51(a) and 1396 of the internal revenue code.
AN INDIVIDUAL'S MORAL CHARACTER IS DETERMINED BY THE INDIVIDUAL'S RACE, ETHNICITY OR SEX.
With respect to property that is sold or otherwise disposed of during the taxable year by a taxpayer that complied with section 43-1121, paragraph 4 with respect to that property, the amount of depreciation that has been allowed pursuant to section 167(a) of the internal revenue code to Senate Amendments to H.B.
AN INDIVIDUAL, BY VIRTUE OF THE INDIVIDUAL'S RACE, ETHNICITY OR SEX, BEARS RESPONSIBILITY FOR ACTIONS COMMITTED BY OTHER MEMBERS OF THE SAME RACE, ETHNIC GROUP OR SEX.
2112 the extent that the amount has not already reduced Arizona taxable income in the current taxable year or prior taxable years.
With respect to a financial institution as defined in section 6-101, expenses and interest relating to tax-exempt income disallowed pursuant to section 265 of the internal revenue code.
AN INDIVIDUAL SHOULD FEEL DISCOMFORT, GUILT, ANGUISH OR ANY OTHER FORM OF PSYCHOLOGICAL DISTRESS BECAUSE OF THE INDIVIDUAL'S RACE, ETHNICITY OR SEX.
Dividends received from another corporation owned or controlled directly or indirectly by a recipient corporation.
ACADEMIC ACHIEVEMENT, MERITOCRACY OR TRAITS SUCH AS A HARD WORK ETHIC ARE RACIST OR SEXIST OR WERE CREATED BY MEMBERS OF A PARTICULAR RACE, ETHNIC GROUP OR SEX TO OPPRESS MEMBERS OF ANOTHER RACE, ETHNIC GROUP OR SEX.
For the purposes of this paragraph, "control" means direct or indirect ownership or control of fifty percent or more of the voting stock of the payor corporation by the recipient corporation.
C.
Dividends shall have the meaning provided in section 316 of the internal revenue code.
AN ATTORNEY ACTING ON BEHALF OF A PUBLIC SCHOOL MAY REQUEST A LEGAL OPINION OF THE ATTORNEY GENERAL OR THE COUNTY ATTORNEY FOR THE - 1 - H.B.
This subtraction shall apply without regard to section 43-961, paragraph 2 and article 4 of this chapter.
2112 COUNTY IN WHICH AN ALLEGED VIOLATION OF THIS SECTION OCCURS AS TO WHETHER A PROPOSED USE OF SCHOOL DISTRICT RESOURCES WOULD VIOLATE THIS SECTION.
8.
D.
Interest income received on obligations of the United States.
A TEACHER WHO VIOLATES THIS SECTION IS SUBJECT TO DISCIPLINARY ACTION, INCLUDING THE SUSPENSION OR REVOCATION OF THE TEACHER'S CERTIFICATE, AS THE STATE BOARD DEEMS APPROPRIATE.
9.
E.
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The amount of dividend income from foreign corporations.
THE ATTORNEY GENERAL OR THE COUNTY ATTORNEY FOR THE COUNTY IN WHICH AN ALLEGED VIOLATION OF THIS SECTION OCCURS MAY INITIATE A SUIT IN THE SUPERIOR COURT IN THE COUNTY IN WHICH THE SCHOOL DISTRICT, CHARTER SCHOOL OR STATE AGENCY IS LOCATED FOR THE PURPOSE OF COMPLYING WITH THIS SECTION.
For the purposes of this paragraph, gross up income as described in section 78 of the internal revenue code, global intangible low-taxed income as defined in section 951A of the internal revenue code and subpart F income as defined in section 952 of the internal revenue code shall be considered foreign dividends.
F.
10.
FOR EACH VIOLATION OF THIS SECTION, INCLUDING SUBSEQUENT OR CONTINUED VIOLATIONS, THE COURT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED $5,000 PER SCHOOL DISTRICT, CHARTER SCHOOL OR STATE AGENCY WHERE THE VIOLATION OCCURS.
The amount of net operating loss allowed by section 43-1123.
G.
11.
THIS SECTION DOES NOT PRECLUDE ANY TRAINING ON SEXUAL HARASSMENT OR LESSONS ON RECOGNIZING AND REPORTING ABUSE.
The amount of any state income tax refunds received that were included as income in computing federal taxable income.
H.
12.
FOR THE PURPOSES OF THIS SECTION, "INSTRUCTION" INCLUDES INSTRUCTION THAT IS PART OF A TEACHER PREPARATION PROGRAM.
The amount of expense recapture included in income pursuant to section 617 of the internal revenue code for mine exploration expenses.
- 2 -
13.
The amount of deferred exploration expenses allowed by section 43-1127.
14.
The amount of exploration expenses related to the exploration of oil, gas or geothermal resources, computed in the same manner and on the same basis as a deduction for mine exploration pursuant to section 617 of the internal revenue code.
This computation is subject to the adjustments -2- Senate Amendments to H.B.
2112 contained in section 43-1121, paragraph 10 and paragraphs 12 and 13 of this section relating to exploration expenses.
15.
The amortization of pollution control devices allowed by section 43-1129.
16.
The amount of amortization of the cost of child care facilities pursuant to section 43-1130.
17.
The amount of income from a domestic international sales corporation required to be included in the income of its shareholders pursuant to section 995 of the internal revenue code.
18.
The income of an insurance company that is exempt under section 43-1201 to the extent that it is included in computing Arizona gross income on a consolidated return pursuant to section 43-947.
19.
The amount by which a capital loss carryover allowable pursuant to section 43-1130.01, subsection F exceeds the capital loss carryover allowable pursuant to section 1341(b)(5) of the internal revenue code.
20.
An amount equal to the depreciation allowable pursuant to section 167(a) of the internal revenue code for the taxable year computed as if the election described in section 168(k)(7) of the internal revenue code had been made for each applicable class of property in the year the property was placed in service.
21.
The amount of eligible access expenditures paid or incurred during the taxable year to comply with the requirements of the Americans with disabilities act of 1990 (P.L.
101-336) or title 41, chapter 9, article 8 as provided by section 43-1124.
22.
For taxable years beginning from and after December 31, 2017, the amount of any net capital gain included in Arizona gross income for the taxable year that is derived from the exchange of one kind of legal tender for another kind of legal tender.
For the purposes of this paragraph:
(a) "Legal tender" means a medium of exchange, including specie, that is authorized by the United States Constitution or Congress to pay debts, public charges, taxes and dues.
(b) "Specie" means coins having precious metal content.
-3- Senate Amendments to H.B.
2112 23.
With respect to a public service corporation operating a water system or sewage disposal facility, the amount of monies or property received as a contribution in aid of construction.
For the purposes of this paragraph:
(a) "Contribution in aid of construction" means any amount of monies or other property contributed to a public service corporation that provides water or sewage disposal services to the extent that the purpose of the contribution is to provide for expanding, improving or replacing the public service corporation's water system or sewage disposal facilities, including any amount of monies or other property contributed to a public service corporation for a water system or sewage disposal facility subject to a contingent obligation to repay the amount, in whole or in part, to the contributor.
(b) "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona, that is regulated by the corporation commission.
24.
FOR ANY TAXABLE YEAR BEGINNING FROM AND AFTER DECEMBER 31, 2019, THE AMOUNT OF ANY FEDERAL DEPOSIT INSURANCE CORPORATION PREMIUMS PAID OR INCURRED BY THE TAXPAYER THAT IS DISALLOWED AS A DEDUCTION FOR FEDERAL INCOME TAX PURPOSES UNDER SECTION 162(r) OF THE INTERNAL REVENUE CODE FOR THE TAXABLE YEAR.
Sec.
2.
Retroactivity This act applies retroactively to taxable years beginning from and after December 31, 2019." Amend title to conform DAVID LIVINGSTON 2112LIVINGSTON.docx 03/18/2022 03:32 PM C:
ED -4-
View plain text versions (4)

Action History

  1. DPA/SE

  2. W/D

  3. Senate Second Reading

  4. Senate First Reading

  5. Transmit to Senate

  6. PASSED

  7. DPA

  8. House Placed on Consent Calendar

  9. House Second Reading

  10. DP

  11. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 85 not signed on · 28 voted No

Sponsors (1)

Not signed on (85)

85 members have not signed on to this bill.

Show all 85 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 31 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 142201
Republican 17000
Democrat 0600
Total 312801
% of votes cast 52%47%0%2%
How each member voted (60)
Member Party Vote
Amish Shah — Nay
Andrea Dalessandro — Nay
Andres Cano — Nay
Athena Salman — Not Voting
Ben Toma — Yea
Brenda Barton — Yea
Christian Solorio — Nay
César Chávez — Nay
Daniel Hernandez — Nay
David L. Cook — Yea
Diego Espinoza — Nay
Domingo DeGrazia — Nay
Jacqueline Parker — Yea
Jasmine Blackwater-Nygren — Nay
Jennifer Jermaine — Nay
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Joanne Osborne — Yea
Joel John — Yea
John Fillmore — Yea
Judy Burges — Yea
Judy Schwiebert — Nay
Kelli Butler — Nay
Lorenzo Sierra — Nay
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Michelle Udall — Yea
Morgan Abraham — Nay
Pamela Powers Hannley — Nay
Regina E. Cobb — Yea
Reginald Bolding — Nay
Richard C. Andrade — Nay
Robert Meza — Nay
Russell Bowers — Yea
Steve Kaiser — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Nay
Brian Fernandez Democrat Nay
Christopher Mathis Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Myron Tsosie Democrat Nay
Sarah Liguori Democrat Nay
Beverly Pingerelli Republican Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jake Hoffman Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Mark Finchem Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Shawnna Bolick Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2112?
HB 2112 is sponsored by Jake Hoffman (Republican), Frank Carroll (Republican), Quang H Nguyen (Republican), Michelle Udall, Russell Bowers, Regina E. Cobb, Travis W. Grantham, and Ben Toma.
What is the current status of HB 2112?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2112?
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