|
House Engrossed |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010 |
|
HOUSE BILL 2596 |
|
|
|
|
AN ACT
amending section 41‑1493, Arizona Revised Statutes; amending title 41, chapter 9, article 9, Arizona Revised Statutes, by adding section 41‑1493.03; relating to the free exercise of religion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1493, Arizona Revised Statutes, is amended to read:
41-1493. Definitions
In this article, unless the context otherwise requires:
1. "Demonstrates" means meets the burdens of going forward with the evidence and of persuasion.
2. "Exercise of religion" means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
3. "Government" includes this state and any agency or political subdivision of this state.
4. "Nonreligious assembly or institution" includes all membership organizations, theaters, cultural centers, dance halls, fraternal orders, amphitheaters and places of public assembly regardless of size that a government or political subdivision allows to meet in a zoning district by code or ordinance or by practice.
5. "Person" includes a religious assembly or institution.
4. 6. "Political subdivision" includes any county, city, including a charter city, town, school district, municipal corporation or special district, any board, commission or agency of a county, city, including a charter city, town, school district, municipal corporation or special district or any other local public agency.
7. "Religion‑neutral zoning standards":
(a) Means numerically definable standards such as maximum occupancy codes, height restrictions, setbacks, fire codes, parking space requirements, sewer capacity limitations and traffic congestion limitations.
(b) Does not include:
(i) Synergy with uses that a government holds as more desirable.
(ii) The ability to raise tax revenues.
8. "Suitable alternate property" means a financially feasible property considering the person's revenue sources and other financial obligations with respect to the person's exercise of religion and with relation to spending that is in the same zoning district or in a contiguous area that the person finds acceptable for conducting the person's religious mission and that is large enough to fully accommodate the current and projected seating capacity requirements of the person in a manner that the person deems suitable for the person's religious mission.
9. "Unreasonable burden" means that a person is prevented from using the person's property in a manner that the person finds satisfactory to fulfill the person's religious mission.
Sec. 2. Title 41, chapter 9, article 9, Arizona Revised Statutes, is amended by adding section 41-1493.03, to read:
41-1493.03. Free exercise of religion; land use regulation
A. Government shall not impose or implement a land use regulation in a manner that imposes an unreasonable burden on a person's exercise of religion, regardless of a compelling governmental interest, unless the government demonstrates one of the following:
1. That the person's exercise of religion at a particular location violates religion‑neutral zoning standards enacted into the government's laws at the time of the person's application for a permit.
2. That the person's exercise of religion at a particular location would be hazardous due to toxic uses in adjacent properties.
3. The existence of a suitable alternate property the person could use for the exercise of religion.
B. Government shall not impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution, regardless of a compelling governmental interest.
C. Government shall not impose or implement a land use regulation in a manner that discriminates against an assembly or institution on the basis of religion, regardless of a compelling governmental interest.
D. Government shall not impose or implement a land use regulation in a manner that completely excludes a religious assembly or institution from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction, regardless of a compelling governmental interest.