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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
lobbying;
public body; definition
(NOW: government; vaccination mandate; prohibition)
Purpose
Deems the act of discriminating against a person based on their vaccination status or whether they have an immunity passport as unlawful.
Background
On April 19, 2021, Governor Douglas A. Ducey issued an Executive Order prohibiting a state agency, county, city, town or other political subdivision from adopting any order, policy, regulation, ordinance or other measure that requires an individual to provide documentation regarding the individual's COVID-19 vaccination status as a condition of: 1) entering any building, business, facility, location, park or other space; or 2) receiving any service, permit, license or other work authorization requirement (EO 2021-09).
A government
entity may not require a resident to receive a vaccination for COVID-19 or any
other variant of COVID-19. Health care institutions owned or operated by a
government entity are exempt for the prohibition relating to a COVID-19
vaccination. A government entity is defined as the state and any
political subdivision in the state that receives and uses tax revenues (A.R.S.
§ 36-685). A health care institution is
a place, institution, building or agency, whether organized for profit or not,
that provides facilities with medical services, nursing services, behavioral
health services, health screening services, other health-related services,
supervisory care services, personal care services or directed care services and
includes home health agencies outdoor behavioral health care programs and
hospice service agencies (A.R.S.
§ 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems it as an unlawful discriminatory practice for:
a) any government entity to refuse, withhold from or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational or employment opportunities or health care access based on the person's vaccination status or whether the person has an immunity passport;
b) an employer to refuse or bar a person from employment or to discriminate against a person in compensation or in a term, condition or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; and
c) a public accommodation to exclude, limit, segregate, refuse to serve or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity passport.
2. Specifies that a person, government entity or an employer does not unlawfully discriminate if they recommend that an employee receive a vaccine.
3. Prohibits a person from being required to receive a vaccine that has been issued a United States Food and Drug Administration emergency use authorization or a vaccine undergoing safety trials.
4. Exempts, from the prohibition relating to vaccination status discrimination, a health care institution and immunization requirements for school attendance or a child care facility.
5. Redefines health care institution.
6. Defines employer, immunity passport and vaccination status.
7. Contains a legislative intent clause.
8. Makes technical and conforming changes.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Senate Action
GOV 2/16/23 DPA/SE 5-3-0
Prepared by Senate Research
March 1, 2023
AN/slp