Prohibit State From Confiscating Money From Scholarship Accounts of Students in Military Families Amendment
Arizona Ballot Measure - House Concurrent Resolution 2048
Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
Military PersonnelGovernment Budget and Spending
Summary
Proposition 145 would prohibit the state from confiscating money from the scholarship account of a child of a military family. Proposition 145 would define a child of a military family as the child of someone who is actively serving in the armed forces, was actively serving when the child's eligibility for the account was initially determined, or who was killed in the line of duty while serving in the armed forces.
Additionally, Proposition 145 states that it would void any ballot measure or law passed after November 1, 2026 that violates the amendment. This provision would apply to Proposition 212, a ballot initiative that has been proposed for the November 2026 ballot. Proposition 212 would change the state's laws surrounding the Empowerment Scholarship Account (ESA) program. Under Proposition 212, any money remaining in an ESA account on July 1 of each year would be returned to the state. An exception to this rule would allow for money in the accounts of students with disabilities to remain in the account for an additional year before it is returned to the state.
Measure Text
1. Article XI, Constitution of Arizona, is proposed to be amended by adding section 12 as follows if approved by the voters and on proclamation of the Governor: 12. Scholarship accounts; confiscation of monies prohibited; voidability of future bills or measures; definitions
SECTION 12.
A. THIS STATE MAY NOT CONFISCATE MONIES
FROM ANY SCHOLARSHIP ACCOUNT OF ANY STUDENT WHO IS A CHILD OF A MILITARY FAMILY IF BOTH OF THE FOLLOWING APPLY:
1. THE SCHOLARSHIP ACCOUNT IS ESTABLISHED AND MAINTAINED BY THIS STATE PURSUANT TO A PROGRAM THAT DESIGNATES ANY STUDENT WHO IS A CHILD OF A MILITARY FAMILY AND WHO SATISFIES ENROLLMENT REQUIREMENTS AS ELIGIBLE TO RECEIVE SCHOLARSHIP MONIES. THIS PARAGRAPH DOES NOT LIMIT THIS SUBSECTION TO SCHOLARSHIP ACCOUNT PROGRAMS THAT ARE ESTABLISHED AND MAINTAINED BY THIS STATE FOR ONLY CHILDREN OF MILITARY FAMILIES.
2. THE STUDENT MAY USE MONIES IN THE SCHOLARSHIP ACCOUNT FOR TUITION OR FEES AT ELIGIBLE POSTSECONDARY EDUCATIONAL INSTITUTIONS.
B. NOTWITHSTANDING ARTICLE IV, IF A BILL ENACTED INTO LAW OR A MEASURE APPROVED BY THE VOTERS ON OR AFTER NOVEMBER 1, 2026 VIOLATES SUBSECTION A OF THIS SECTION, THE ENTIRE BILL OR MEASURE IS VOID. A COURT MAY NOT SEVER ANY PORTION OF A BILL OR MEASURE THAT VIOLATES SUBSECTION A OF THIS SECTION.
C. FOR THE PURPOSES OF THIS SECTION:
1. "CHILD OF A MILITARY FAMILY" MEANS A STUDENT WHO IS A CHILD OF A PERSON WHO MEETS ANY OF THE FOLLOWING:
(a) IS SERVING ON ACTIVE DUTY AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES.
(b) WAS SERVING ON ACTIVE DUTY AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHEN THE STUDENT'S ELIGIBILITY WAS INITIALLY DETERMINED.
(c) WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES WHO WAS KILLED IN THE LINE OF DUTY.
2. "CONFISCATE":
(a) INCLUDES SEIZING, TRANSFERRING OR OTHERWISE TAKING MONIES FROM A SCHOLARSHIP ACCOUNT.
(b) DOES NOT INCLUDE ACTS RELATED TO THE CLOSURE OF A SCHOLARSHIP ACCOUNT IF ANY OF THE FOLLOWING APPLIES: (i) THE STUDENT OR ACCOUNT HOLDER IS FOUND PERSONALLY
RESPONSIBLE FOR ILLEGAL ACTIVITY OR WRONGDOING IN A PROCEEDING IN WHICH THE STUDENT OR ACCOUNT HOLDER RECEIVES INDIVIDUALIZED DUE PROCESS OF LAW. (ii) THE STUDENT OR ACCOUNT HOLDER VOLUNTARILY CLOSES OR FAILS TO RENEW A SCHOLARSHIP ACCOUNT. (iii) THE STUDENT GRADUATES FROM AN ELIGIBLE POSTSECONDARY EDUCATIONAL INSTITUTION. (iv) THE STUDENT IS INELIGIBLE TO MAINTAIN A SCHOLARSHIP ACCOUNT UNDER A SCHOLARSHIP PROGRAM BECAUSE THE STUDENT DID NOT ENROLL IN AN ELIGIBLE POSTSECONDARY EDUCATIONAL INSTITUTION FOR A PERIOD OF AT LEAST FOUR CONSECUTIVE YEARS AFTER GRADUATING FROM HIGH SCHOOL.
3. "ELIGIBLE POSTSECONDARY EDUCATIONAL INSTITUTION" MEANS:
(a) A UNIVERSITY THAT IS ESTABLISHED PURSUANT TO SECTION 1 OF THIS ARTICLE.
(b) A COMMUNITY COLLEGE DISTRICT IN THIS STATE.
(c) AN ACCREDITED PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTION.
2. Short title
This act may be cited as the "Military Families College Savings and Scholarship Protection Act".
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.
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