SB 1062
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Be it enacted by the Legislature of the State of Arizona:
1 Section 1. Section 41-1493, Arizona Revised Statutes, is amended to
2 read:
3 41-1493.
Definitions
4 In this article, unless the context otherwise requires:
5 1. "Demonstrates" means meets the burdens of going forward with the
6 evidence and of persuasion.
7 2. "Exercise of religion" means the PRACTICE OR OBSERVANCE OF
8 RELIGION, INCLUDING THE ability to act or refusal to act in a manner
9 substantially motivated by a religious belief, whether or not the exercise is
10 compulsory or central to a larger system of religious belief.
11 3. "Government" includes this state and any agency or political
12 subdivision of this state.
13 4. "Nonreligious assembly or institution" includes all membership
14 organizations, theaters, cultural centers, dance halls, fraternal orders,
15 amphitheaters and places of public assembly regardless of size that a
16 government or political subdivision allows to meet in a zoning district by
17 code or ordinance or by practice.
18 5. "Person" includes [stricken language omitted] ANY
19 INDIVIDUAL, ASSOCIATION, PARTNERSHIP, CORPORATION, CHURCH, RELIGIOUS ASSEMBLY
20 OR INSTITUTION, ESTATE, TRUST, FOUNDATION OR OTHER LEGAL ENTITY.
21 6. "Political subdivision" includes any county, city, including a
22 charter city, town, school district, municipal corporation or special
23 district, any board, commission or agency of a county, city, including a
24 charter city, town, school district, municipal corporation or special
25 district or any other local public agency.
26 7. "Religion-neutral zoning standards":
27 (a) Means numerically definable standards such as maximum occupancy
28 codes, height restrictions, setbacks, fire codes, parking space requirements,
29 sewer capacity limitations and traffic congestion limitations.
30 (b) Does not include:
31 (i) Synergy with uses that a government holds as more desirable.
32 (ii) The ability to raise tax revenues.
33 8. "Suitable alternate property" means a financially feasible property
34 considering the person's revenue sources a nd other financial obligations with
35 respect to the person's exercise of religion and with relation to spending
36 that is in the same zoning district or in a contiguous area that the person
37 finds acceptable for conducting the person's religious mission and that is
38 large enough to fully accommodate the current and projected seating capacity
39 requirements of the person in a manner that the person deems suitable for the
40 person's religious mission.
41 9. "Unreasonable burden" means that a person is prevented from using
42 the person's property in a manner that the person finds satisfactory to
43 fulfill the person's religious mission.
44 SB 1062
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Sec. 2. Section 41-1493.01, Arizona Revised Statutes, is amended to
1 read:
2 41-1493.01.
Free exercise of religion protected; definition
3 A. Free exercise of religion is a fundamental right that applies in
4 this state even if laws, rules or other government actions are facially
5 neutral.
6 B. Except as provided in subsection C, [stricken language omitted] OF THIS SECTION,
7 STATE ACTION shall not substantially burden a person's exercise of religion
8 even if the burden results from a rule of general applicability.
9 C. [stricken language omitted] STATE ACTION may substantially burden a person's
10 exercise of religion only if [stricken language omitted] THE OPPOSING PARTY demonstrates that
11 application of the burden to the [stricken language omitted] PERSON'S EXERCISE OF RELIGION IN THIS
12 PARTICULAR INSTANCE is both:
13 1. In furtherance of a compelling governmental interest.
14 2. The least restrictive means of furthering that compelling
15 governmental interest.
16 D. A person whose religious exercise is burdened in violation of this
17 section may assert that violation as a claim or defense in a judicial
18 proceeding, [stricken language omitted] REGARDLESS OF
19 WHETHER THE GOVERNMENT IS A PARTY TO THE PROCEEDING. THE PERSON ASSERTING
20 SUCH A CLAIM OR DEFENSE MAY OBTAIN APPROPRIATE RELIEF. A party who prevails
21 in any action to enforce this article against a government shall recover
22 attorney fees and costs.
23 E. [Stricken language omitted] FOR THE PURPOSES OF this section, the term substantially burden
24 is intended solely to ensure that this article is not triggered by trivial,
25 technical or de minimis infractions.
26 F. FOR THE PURPOSES OF THIS SECTION, "STATE ACTION" MEANS ANY ACTION
27 BY THE GOVERNMENT OR THE IMPLEMENTATION OR APPLICATION OF ANY LAW, INCLUDING
28 STATE AND LOCAL LAWS, ORDINANCES, RULES, REGULATIONS AND POLICIES, WHETHER
29 STATUTORY OR OTHERWISE, AND WHETHER THE IMPLEMENTATION OR APPLICATION IS MADE
30 OR ATTEMPTED TO BE MADE BY THE GOVERNMENT OR NONGOVERNMENTAL PERSONS.