Senate Bill 106, sponsored by Sen. Dave Thomas, R-South Weber, would restrict a governmental entity from applying or enacting rules that would cause a religion a "substantial burden" in building a new church in a community, with an exception for "compelling" reasons.
But the Senate Government Operations and Political Subdivisions Committee held up the bill after an attempt to pass it out failed.
Thomas says the bill was sparked by recent controversies in the Park City area where communities wanted to stop the building of LDS and Catholic chapels.
The bill "prevents individuals from blocking the construction on churches based on the basis they don't like the religion," he said.
But Salt Lake City Deputy Attorney Lynn Pace said he had concerns about the bill because it could allow some organizations to attempt to use a church exemption to build something else. He said instead of being a "shield" for religious organizations it could become a "sword" for them to bully local governments.
Thomas said the bill is written to include only organizations constructing a building for worship services.
"It can't be something you're doing once a month. It's got to be your principal motivation," Thomas said.
SB106 allows a person or group who believes their attempt to use property for religious purposes is being "substantially burdened" to file a claim with the appropriate government entity. The entity then has the chance to remedy the problem. If that fails, the person or group can sue.


