HCR 2040

Senate Engrossed
  House Resolution
minimum
  wage; exception; homeless
(now: school
  districts; labor organizations; resources)
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE CONCURRENT RESOLUTION 2040
A
CONCURRENT RESOLUTION
proposing an amendment to the
constitution of Arizona; amending article xviii, constitution of arizona, by
adding section 11; relating to labor organization use of public resources.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of
Arizona, the Senate concurring:
1. Article XVIII, Constitution of Arizona, is
proposed to be amended by adding section 11 as follows if approved by the
voters and on proclamation of the Governor:
11. School districts; labor
organizations; use of public monies or public resources prohibited; conditions
of employment; right to negotiate; definitions
Section 11. A. A school
district may not use public monies and public resources to support the
operations of a labor organization.
B. A school district may not deduct
any payment from a school district employee's paycheck for labor organization
membership dues.
C. A school district may not
provide access to the school district's internal COMMUNICATIONS systems to
distribute labor organization membership recruiting information or political
materials.
D. School district EMPLOYEES may
not distribute written, printed or digital communications in a manner that
consumes public resources on a labor organization's behalf.
E. A school district may not use
public monies or public resources to perform labor organization activities
during working hours, including using any of the following:
1. Government accounting or payroll
systems to collect dues, fee contributions or other assessments for a labor
ORGANIZATION.
2. Facilities for captive audience
meetings to recruit labor organization members during working hours, including
new hire orientations.
3. Paid leave to conduct business
on behalf of a labor organization. A school district may not approve employee
paid leave for any business related to a school district employee's labor
organization activities.
4. Internal government
communication systems to distribute labor organization membership recruiting
information or political materials.
5. Any other Public resource for
distributing written, printed or digital communications on behalf of the labor
organization.
F. This section supersedes any
contract, memorandum of understanding, meet and confer agreement, policy,
ordinance or other written or oral agreement.
G. A school
district employee has a right to negotiate the school
district employee's own terms and conditions of employment, including wages,
benefits and working conditions. this state or any political subdivision of
this state may not negotiate with a labor organization an exclusive
representation agreement, collective bargaining agreement, memorandum of
understanding, contract or other agreement regarding the terms and conditions
of employment.
H. For the purposes of this
section:
1. "Labor organization"
means any employee representation organization that exists for the purpose of
dealing with employers concerning grievances, labor disputes, wages, rates of
pay, hours of employment or other conditions of employment.
2. "Public monies" means
monies that are received by a school district and that are derived all or in
part from tax revenues.
3. "Public resources"
Means facilities, vehicles, postage, telecommunications, computer hardware and
software, websites, personnel, equipment, materials, buildings or any other
thing of value of the school district.
2. Applicability
This act applies to from and after
December 31, 2027.
3. The Secretary of State
shall submit this proposition to the voters at the next general election as
provided by article XXI, Constitution of Arizona.
PASSED BY THE HOUSE MARCH 2, 2026.
PASSED BY THE SENATE JUNE 13, 2026.
FILED IN THE OFFICE OF THE SECRETARY
OF STATE JUNE 15, 2026.