PREFILED DEC 29 2021
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REFERENCE TITLE: vaccinations; evidence of immunity; prohibitions |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2029 |
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Introduced by Representative Blackman
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AN ACT
Repealing Title 36, chapter 6, article 4.2, Arizona Revised Statutes; amending title 36, chapter 6, Arizona Revised Statutes, by adding a new article 4.2; relating to public health control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Title 36, chapter 6, article 4.2, Arizona Revised Statutes, is repealed.
Sec. 2. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding a new article 4.2, to read:
ARTICLE 4.2. PUBLIC HEALTH MANDATES
36-681. Governmental entities; businesses; vaccination; evidence of immunity; requirement prohibitions; definitions
A. This state and its governmental entities and business affiliations may not do either of the following:
1. Require any person to receive a vaccination for COVID-19 or any variant of COVID-19 or to possess a COVID-19 immunity passport, immunity pass or other evidence certifying vaccination or immunity status.
2. Discriminate against any person based on not receiving a vaccination for COVID-19 or any variant of COVID-19 or failing to possess a COVID-19 immunity passport, immunity pass or other evidence certifying vaccination or immunity status.
B. This state and its governmental entities may not enter into a contract or give a loan, grant or any other disbursement of taxpayer monies to a business affiliation that requires a person to receive a vaccination for COVID-19 or any variant of COVID-19 or to possess a COVID-19 immunity passport, immunity pass or other evidence certifying vaccination or immunity status.
C. A business affiliation that violates this section materially breaches its contract with this state or a governmental entity, rendering the contract voidable by this state or the governmental entity.
D. This section does not apply to health care institutions that are treating patients who have COVID-19 or any variant of COVID-19 and that determine that a direct threat exists that cannot be eliminated or reduced by reasonable accommodation. A health care institution shall determine whether an individual poses a direct threat based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In determining whether an individual would pose a direct threat, the health care institution must consider all of the following factors:
1. The duration of the risk.
2. The nature and severity of the potential harm.
3. The likelihood that the potential harm will occur.
4. Whether the potential harm is imminent.
E. For the purposes of this section:
1. "Business affiliation":
(a) Means any company that contracts with or does business with this state or a governmental entity or that receives public monies through any means, including contracts, grants, loans or other disbursements of taxpayer monies from this state or a governmental entity.
(b) Includes all agents, contractors and employees of any such company.
2. "Company" means any corporation, limited liability corporation, nonprofit corporation, partnership, limited partnership, limited liability partnership, business trust, joint venture, domestic or foreign sole proprietorship, other domestic or foreign entity or business association or any other business organization, including any subsidiary or parent company of any business organization.
3. "Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.
4. "Discriminate" means that a governmental entity or business affiliation does either of the following on the basis of a person's vaccination or immunity status or failure to prove vaccination or immunity status or because the person declined to be vaccinated against COVID-19 for a religious, philosophical, medical or other reason or as a matter of individual medical privacy:
(a) Subjects the person to refusal to hire, failure to promote, reassignment with significantly different responsibilities, reduction in pay, significant change in benefits or employment termination.
(b) Refuses to allow the person to enter or patronize a government establishment or an establishment of a business affiliation.
5. "Governmental entity" means any unit of state or local government, including the governor, state agencies, counties, cities, towns, political subdivisions, boards, departments, commissions and special districts, including all agents, contractors and employees of any government entity.
Sec. 3. Legislative intent; policies
The legislature intends to further the following policies with this act:
1. Safeguarding medical privacy and liberty, which includes protecting the public from coercive COVID-19 vaccination.
2. Prohibiting all forms of wrongful discrimination.
Sec. 4. Construction and severability
1. The provisions of this act shall be construed liberally to accomplish the policies expressed in the act.
2. If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.