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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
businesses; masks; biohazard waste disposal
Purpose
Requires a business that requires patrons to wear a mask to provide a biohazard waste disposal receptacle for patrons to dispose of their masks. Subjects the biohazard waste disposal receptable to Occupational Safety and Health Administration (OSHA) requirements and subjects a business in violation of the requirements relating to a biohazard waste receptacle to a $10,000 penalty for each day of the violation.
Background
On June 17, 2020, Governor Douglas A. Ducey, issued Executive Order 2020-40 authorizing a county, city or town, based on conditions in the jurisdiction, to adopt policies regarding the wearing of face coverings in public for the purpose of mitigating the spread of COVID-19. Any enforcement of a face covering policy enacted under the authority of the Executive Order must focus first on educating and working to promote best practices to accomplish the goal of mitigation (EO 2020-40).
On March 25, 2021, Governor Douglas A. Ducey issued Executive Order 2021-06 encouraging businesses that physically operate in Arizona and serve the public to continue to take actions recommended by the Center for Disease Control and Prevention, U.S. Department of Labor, Occupational Safety and Health Administration and the Department of Health Services to limit and mitigate the spread of COVID-19. These entities still maintain the right to institute and enforce policies to mitigate against COVID-19 spread, including the use of face coverings and physical distancing, and retain the right to refuse service to those who do not comply with the policies (EO 2021-06).
A business in Arizona is not required to enforce a mask mandate that is established by the state or a city, town or county (A.R.S. § 44-7951).
OSHA sets regulations on the removal of biohazard waste including: 1) labels on biohazard bags that read BIOHAZARD in bold lettering; 2) biohazard bags to be color coded in fluorescent orange or orange-red; and 3) biohazard bags to be puncture resistant (OSHA).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a business that requires its patrons to wear a mask when on the business's premises to provide a biohazard waste disposal receptacle for patrons to dispose of their masks at each exit of the business.
2. Requires a business to dispose of all waste in the biohazard waste disposal receptacle subject to OSHA requirements.
3. Subjects a business that violates the prescribed requirement to a $10,000 penalty for each day of the violation.
4. Requires the Attorney General to enforce the imposed penalties in the superior court in the county in which the violation occurred.
5. Makes a conforming change.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
2. Subjects a business that violates the prescribed requirement to a $10,000 penalty for each day of the violation.
3. Requires the Attorney General to enforce the imposed penalties in the superior court in the county in which the violation occurred.
Senate Action
GOV 2/16/23 DPA 5-3-0
Prepared by Senate Research
February 21, 2023
AN/SB/slp