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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