Arizona HB 2604: licenses; not proof of citizenship.

Status: House Second Reading (as of 2023-02-07)

State: Arizona · Session: 56th-1st-regular · Bill: HB 2604

Sponsors: Lydia Hernandez, Alma Hernandez, Analise Ortiz, Anna Hernandez, Brian Fernandez, Catherine Miranda, Cesar Aguilar, Consuelo Hernandez, Eva Diaz, Flavio Bravo, Jennifer L Longdon, Judy Schwiebert, Leezah Elsa Sun, Lorena Austin, Lupe Contreras, Mariana Sandoval, Melody Hernandez, Seth Blattman, Stacey Travers

Bill Text

HB2604 - 572R - I Ver 

 REFERENCE TITLE: civil court supremacy; due process

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 2604

 Introduced by 

 Representative 
 Blackman

AN 
ACT

AMENDING TITLE 12, CHAPTER 1, ARIZONA 
REVISED STATUTES, BY ADDING article 5; RELATING TO courts of record.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 1, Arizona Revised 
Statutes, is amended by adding article 5, to read:

ARTICLE 5. CIVIL COURT 
SUPREMACY AND DUE PROCESS

START_STATUTE12-181. Definitions

In this article, unless the context otherwise 
requires:

1. "Civil court" means the 
superior court and any other state court of competent jurisdiction.

2. "Neutral principles of 
law" means objective civil legal standards applied without reference to 
religious, ideological or cultural doctrine.

3. "Private tribunal" means 
any nongovernmental body, panel, mediator, council, forum or other entity that 
purports to resolve disputes or issue decisions affecting legal rights or 
obligations.

4. "Voluntary arbitration" 
means arbitration entered into knowingly, freely and without coercion, 
compulsion, penalty or retaliation for refusal.

5. "Vulnerable person" 
means a minor or any person subject to dependency, coercion, intimidation or a 
substantial imbalance of power. END_STATUTE

START_STATUTE12-181.01. Supremacy of civil courts

A. A private tribunal may not:

1. Supersede or displace the 
jurisdiction of civil courts.

2. Restrict, penalize, discourage or 
condition access to civil courts.

3. Claim exclusive, compulsory or 
binding authority over any person.

B. Any agreement or provision THAT 
ATTEMPTS to waive or limit access to civil courts or judicial review is void as 
against public policy.

C. Civil courts retain inherent 
authority to review any private adjudication for:

1. Jurisdiction.

2. Voluntariness.

3. Procedural fairness and due 
process.

4. Compliance with constitutional and 
statutory law. END_STATUTE

START_STATUTE12-181.02. Nonwaivable rights and voluntariness

A. A person may not waive THE RIGHT 
TO:

1. Due process of law.

2. Equal protection of the laws.

3. Personal liberty.

4. Bodily integrity.

5. Protection from abuse, violence, 
neglect or exploitation.

B. Consent to adjudication by a 
private tribunal is invalid if the consent is obtained through:

1. Family pressure.

2. Community pressure.

3. Moral, ideological or social 
coercion.

4. Fear of ostracism, punishment, 
retaliation or penalty.

C. Courts shall apply a rebuttable 
presumption of nonvoluntariness where a substantial power imbalance exists 
between a party and a private tribunal.END_STATUTE

START_STATUTE12-181.03. Testimonial equality and evidentiary neutrality

A. A court may not recognize or 
enforce any decision, award or agreement of a private tribunal if the private 
tribunal applied any rule or practice in which the credibility, weight, 
admissibility or sufficiency of testimony or evidence was determined by 
reference to:

1. Sex.

2. Age.

3. Familial or marital status.

4. Any classification inconsistent 
with equal protection under the Constitution of this state or the United 
States.

B. All participants must be afforded 
testimonial equality and have substantially equal opportunity to present 
evidence and testimony, and no tribunal rule assigning greater or lesser 
evidentiary value to any class of persons shall be enforceable.

C. Courts shall apply neutral 
principles of law in making determinations under this section without 
interpreting religious doctrine or belief.END_STATUTE

START_STATUTE12-181.04. Protection of women, children and vulnerable persons

A. A private tribunal decision may 
not be enforced if it:

1. Discriminates on the basis of sex, 
age, disability or any protected class.

2. Diminishes parental, custodial or 
protective safeguards for children.

3. Subordinates personal safety to 
family unity, honor, custom or reconciliation.

4. Treats abuse, neglect, violence, 
exploitation or threats to safety as solely private matters.

B. In matters involving marriage, 
dissolution, child custody, support, visitation, abuse, sexual exploitation, 
personal safety or dependency, civil courts shall conduct independent review 
and apply Arizona law exclusively.END_STATUTE

START_STATUTE12-181.05. Transparency, recordkeeping and judicial oversight

A. A decision of a private tribunal 
may not be enforced unless:

1. Procedural rules of the private 
tribunal were disclosed in writing to all participants.

2. Documentation exists showing each 
participant�s voluntary participation.

3. Records sufficient to demonstrate 
voluntariness and procedural fairness are preserved.

4. Judicial review may occur using 
neutral principles of law.

B. This section does not require 
disclosure of confidential communications protected by statute, including 
attorney cl

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