Text of AL HB 30 (2005)

Page 0 HB30 1 69114-1 2 By Representative Allen 3 RFD: Education 4 First Read: 01-FEB-05 5 PFD: 12/08/2004 6 Page 1 69114-1:n:06/30/2004:LFO/GM/kp 1 2 3 4 5 6 7 SYNOPSIS: Currently, the Title 16, Chapter 40A, Code 8 of Alabama 1975, (1) provides minimum content 9 standards to be included in any sex education 10 program or curriculum taught in Alabama public 11 schools including an emphasis, in a factual manner 12 and from a public health perspective, that 13 homosexuality is not a lifestyle acceptable to the 14 general public and that homosexual conduct is a 15 criminal offense under the laws of the state and 16 (2) provides that conduct that is illegal under 17 state law shall not be encouraged or proposed to 18 public school children in such a manner as to 19 indicate that they have a legitimate right to 20 decide or choose illegal conduct. However, the 21 state has no established policy restricting or 22 prohibiting the use of state funds for the purchase 23 of textbooks, library books, or other materials 24 that sanction, recognize, foster, or promote a 25 lifestyle or actions prohibited by the sodomy and 26 sexual misconduct laws of the state. 27 Page 2 This bill would prohibit the expenditure or 1 use of public funds or public facilities by any 2 state agency or public entity for the purchase, 3 production, or promotion of printed or electronic 4 materials or activities that sanction, recognize, 5 foster, or promote a lifestyle or actions 6 prohibited by the sodomy and sexual misconduct laws 7 of the state. 8 9 A BILL 10 TO BE ENTITLED 11 AN ACT 12 13 To prohibit the expenditure or use of public funds 14 or public facilities by any state agency or public entity for 15 the purchase, production, or promotion of printed or 16 electronic materials or activities that sanction, recognize, 17 foster, or promote a lifestyle or actions prohibited by the 18 sodomy and sexual misconduct laws of the state. 19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 20 Section 1. In order to establish and insure good 21 public policy and accountability in the use of state 22 resources, it shall be the policy of the state of Alabama 23 that: 24 (a) No public funds or public facilities shall be 25 used by any state agency, public school, public library, or 26 public college or university for the purchase, production, or 27 Page 3 promotion of printed or electronic materials or activities 1 that, directly or indirectly, sanction, recognize, foster, or 2 promote a lifestyle or actions prohibited by the sodomy and 3 sexual misconduct laws of the state of Alabama. No public 4 funds shall be used for the purchase of textbooks or library 5 materials that recognize or promote homosexuality as an 6 acceptable lifestyle or encourages or proposes to public 7 school children that they have a legitimate right to decide or 8 choose illegal conduct. 9 (b) No state agency, public school, public library, 10 or public college or university, directly or indirectly, shall 11 require or encourage the entity’s members or employees to 12 provide information or materials or engage in any activities 13 that, directly or indirectly, sanction, recognize, foster, or 14 promote a lifestyle or actions prohibited by the sodomy and 15 sexual misconduct laws of the state of Alabama. 16 (c) Any public employee who violates the provisions 17 of this section shall be guilty of a Class A misdemeanor. 18 (d) This section shall not be construed to be a 19 prior restraint of the First Amendment protected speech. It 20 shall apply only to state agencies, public schools, public 21 libraries, and public colleges and universities in the use of 22 public funds and public facilities. 23 Section 2. The provisions of this act are severable. 24 If any part of this act is declared invalid or 25 unconstitutional, that declaration shall not affect the part 26 which remains. 27 Page 4 Section 3. All laws or parts of laws which conflict 1 with this act are repealed. 2 Section 4. This act shall become effective on the 3 first day of the third month following its passage and 4 approval by the Governor, or its otherwise becoming law. 5