State of Arizona
Second Regular Session
amending title 41, chapter 9, article 9, Arizona Revised Statutes, by
adding section 41‑1493.04; amending section 41‑3751, Arizona Revised
Statutes; relating to the free exercise of religion.
Note: Provisions amended by the bill are in
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 9, article 9, Arizona Revised Statutes, is
amended by adding section 41-1493.04, to read:
41-1493.04. Free exercise of religion;
professional or occupational license; certificate or registration;
appointments to governmental offices; definition
A. Government shall not deny, revoke or suspend a
person's professional or occupational license, certificate or registration
for any of the following and the following are not unprofessional conduct:
1. Declining to provide or declining to
facilitate or participate in providing any service that violates the
person's sincerely held religious beliefs except performing the duties of a
2. Refusing to affirm a statement or oath that is
contrary to the person's sincerely held religious beliefs.
3. Expressing sincerely held religious beliefs.
4. Operating the person's business pursuant to
sincerely held religious beliefs.
B. Government shall not deny a person an
appointment to public office or a position on a board, commission or
committee based on the person's exercise of religion.
C. This section is not a defense to and does not
authorize any person to engage in sexual misconduct or any criminal conduct.
D. This section does not authorize any person to
engage in conduct that is prohibited under the constitution of the united
states or of this state or section 15‑535.
E. This section does not authorize any person to
engage in conduct that violates the emergency medical treatment and active
labor act (P.L. 99‑272; 100 stat. 164; 42 United States code section 1395dd)
as of the effective date of this section.
F. For the purposes of this section,
"government" includes all courts and administrative bodies or entities under
the jurisdiction of the Arizona supreme court.
Sec. 2. Section 41-3751, Arizona Revised Statutes, is amended to read:
41-3751. Contracts for goods and services;
religious organizations; definitions
A. Notwithstanding any other law or executive order, and in accordance
with this section, all public bodies shall contract for goods and services
provided pursuant to title 8, 36 or 46 or title 31, chapter 2, article 6
without discrimination against religious organizations, including
discrimination because of their religious beliefs or exercise of religion
and shall provide beneficiaries of assistance under the programs established
by law with certificates, vouchers or other forms of disbursement that are
redeemable with these organizations that are awarded a contract. The public
bodies may use any state, federal, local or other monies available for these
B. The public bodies shall allow contracts with religious organizations
to provide goods and services provided pursuant to title 8, 36 or 46 or
title 31, chapter 2, article 6 and to accept certificates, vouchers or other
forms of disbursement under any program established on the same basis as any
other nongovernmental provider without impairing the religious character of
these organizations, and without diminishing the religious freedom of
beneficiaries of assistance funded under these programs. The programs shall
be implemented consistent with the first amendment of the United States
Constitution. The public bodies shall not discriminate against an
organization that is or applies to be a contractor to provide assistance or
that accepts certificates, vouchers or other forms of disbursement on the
basis that the organization has a religious character.
C. A religious organization with a contract described in this section
shall retain its independence from federal, state and local governments,
including the religious organization's control over the definition,
development, practice and expression of its religious beliefs. Public bodies
shall not require a religious organization to alter its form of internal
governance or to remove religious art, icons, scripture or other symbols in
order to be eligible to contract to provide assistance or to accept
certificates, vouchers or other forms of disbursement funded under any
program or public contract. Public bodies
shall not directly condition contracts for goods and services provided
pursuant to title 8, 36, or 46 or title 31, chapter 2, article 6 on a
religious organization's willingness to alter its exercise of religion or
its definition, development, practice or expression of religious beliefs.
D. If a person who applies for or receives goods, services or
disbursements objects to the religious character of the organization or
institution from which the person receives or would receive assistance
funded under any program, the public body shall provide the person, within a
reasonable period of time after the date of the objection, with assistance
from an alternative provider that is accessible to the person if an
alternative provider is available and the value of which is not less than
the value of assistance that the person would have received from the
religious organization. Organizations shall provide notice to people
receiving assistance of the right to object pursuant to this subsection.
E. A religious organization's exemption provided under section 702 of the
civil rights act of 1964 (P.L. 88‑352; 78 Stat. 255; 42 United States Code
section 2000e‑1a) regarding employment practices is not affected by its
participation in or receipt of monies from programs described in this
section. Nothing in this section allows religious organizations to
discriminate in employment practices on the basis of race, age, color, sex
or national origin.
F. Except as otherwise provided by law, a religious organization shall
not discriminate against a person in regard to rendering assistance funded
under any program described in this section on the basis of religion, a
religious belief or refusal to participate in a religious practice, or on
the basis of race, age, color, sex or national origin.
G. Except as provided in subsection H, any religious organization that
contracts to provide goods, services or assistance funded under any program
is subject to the same rules as other contractors to account in accordance
with generally accepted auditing principles for the use of the monies
provided under the program.
H. If a religious organization segregates public monies provided under
these programs into separate accounts, only the programs funded by financial
assistance provided with these monies are subject to financial and
I. Appeals from the decisions of the head of a state agency, board or
commission may be made to the director of the department of administration
in accordance with the rules of procedure adopted by the director pursuant
to chapter 23, article 9 of this title to resolve bid protests.
J. A religious organization whose rights have
been violated under this section may assert that violation as a claim or
defense in an administrative proceeding or a judicial proceeding once all
administrative remedies have been exhausted and obtain appropriate relief,
including injunctive relief and compensatory damages. A religious
organization that prevails in an action to enforce this section is entitled
to recover attorney fees and costs.
K. No monies provided directly to institutions or organizations to
provide services and administer programs under this section may be spent for
sectarian worship, instruction or proselytization. This subsection does not
apply to the contracting for the services of chaplains by a public body.
L. For the purposes of this section:
1. "Exercise of religion" has the same
meaning prescribed in section 41-1493.
2. "Public body" means state agencies, boards and commissions and
political subdivisions of this state.