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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: RO DP 3-2-0-0 |
HB 2086: vaccination mandates; masks; prohibition
Sponsor: Representative Powell, LD 14
Caucus & COW
Overview
Revises prohibitions on mask mandates and vaccination requirements imposed by a governmental entity or business.
History
Statute prohibits a governmental entity from imposing a requirement to wear a mask or face covering anywhere on their premises, except where long-standing workplace safety and infection control measures that are unrelated to COVID-19 may be required. A governmental entity may not require a person under 18 years of age to receive a vaccination for COVID-19 or any of its variants without the consent of a parent or guardian, and a governmental entity may not require an Arizona resident to receive a vaccination for COVID-19 or any variant of COVID-19 (A.R.S. §§ 36-681, 36-682, 36-685).
The Arizona Department of Health Services (ADHS) is the state agency responsible for public health in Arizona and has the authority to investigate, control and prevent reportable communicable diseases. ADHS establishes recommendations and rules, including immunization requirements for students, concerning communicable diseases and infestations (9 A.A.C. 6).
Businesses are not required to enforce a mask mandate established by the state or a jurisdiction of the state on its patrons. Statute prescribes that if an employer receives notice from an employee that the employee's sincerely held religious beliefs, practices, or observances prevent the employee from receiving the COVID-19 vaccination, the employer must provide reasonable accommodation unless the accommodation would pose an undue hardship and more than a negligible financial cost to the employer's business operations (A.R.S. §§ 44-7951, 23-206).
Provisions
1. Revises statute to prohibit a governmental entity from imposing on any Arizona resident, a requirement to wear a mask or face covering except where long-standing workplace safety and infection control measures unrelated to COVID-19 may be required. (Sec. 1)
2. Applies the provisions to special health care districts. (Sec. 1)
3. Prohibits a governmental entity from requiring an Arizona resident to receive a vaccination for any disease or virus, regardless of any other law requiring vaccinations. (Sec. 2)
4. Strikes the exception that allows a health care institution that is owned or operated by a governmental entity in Arizona to require an Arizona resident to receive a vaccination. (Sec. 2)
5. Modifies the definition of governmental entity to include the federal government. (Sec. 2)
6. Revises the chapter heading of Title 44, Chapter 38 from Businesses Exempt from Mask Mandate to Businesses – Mask and Vaccination Mandates. (Sec. 3)
7. Adds a separate section of law to the Trades and Commerce title that prohibits a business from requiring a person who enters the premises or is employed by the business to wear a mask or face covering, except where long-standing workplace safety and infection control measures may be required, or to receive any type of vaccination. (Sec. 4)
8. Includes technical changes. (Sec. 1, 2)
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12. Initials DC/IG HB 2086
13. 1/27/2026 Page 0 Caucus & COW
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