ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 7-3-0-0

HB 2648: religious services; essential services

Sponsor:  Representative Toma, LD 22

Caucus & COW

Overview

States religious services are considered essential services during a state of emergency.

History

The Governor may proclaim a state of emergency in an area affected or likely to be affected if the Governor finds that the circumstances defining a state of emergency exist. A state of emergency means the proclaimed existence of conditions of disaster or extreme peril to the safety of persons or property within Arizona caused by air pollution, fire, flood, storm, epidemic, riot, earthquake or other causes. These circumstances do not include anything resulting from a state of war emergency, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county, city or town, and which require the combined efforts of the state and the political subdivision (A.R.S. §§ 26-301 and 26-303).

Provisions

1.   Asserts during a state of emergency, religious services are considered essential services. (Sec. 1)

2.   Requires the state government during a state of emergency to allow religious organizations to continue operating to the same or greater extent as other organizations or businesses providing essential services. (Sec. 1)

3.   Specifies that state government may require religious organizations to comply with standard health, safety or occupancy requirements that are issued by the state or federal government and that apply to all organizations and businesses providing essential services. (Sec. 1)

4.   Prohibits the state government from taking any discriminatory action against a religious organization. (Sec. 1)

5.   Enables a religious organization to assert a violation of the above as a claim or a defense in any judicial or administrative proceeding. (Sec. 1)

6.   Allows a religious organization to bring a claim against state government regardless if the religious organization exhausted other administrative options. (Sec. 1)

7.   Allows a religious organization successfully asserting a claim or defense against the state government to recover declaratory relief, injunctive relief, compensatory damages for losses, attorney fees and other appropriate relief. (Sec. 1)

8.   Allows a religious organization successfully asserting a claim or defense against a private person only to recover declaratory and injunctive relief. (Sec. 1)

9.   States these new statutes apply to, and in cases of conflict, supersede, all state statutes impinging the free exercise of religion. (Sec. 1)

10.  Stipulates a religious organization must bring an action to assert a claim within two years after it was known a discriminatory action was taken against the religious organization. (Sec. 1)

11.  Defines discriminatory action, religious organization, religious services, state government and state of emergency. (Sec. 1)

12.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteContains a legislative findings clause. (Sec. 2)

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16.                    HB 2648

17.  Initials LC  Page 0 Caucus & COW

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