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REFERENCE TITLE: employers; vaccines; religious exemption |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1250 |
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Introduced by Senators Shamp: Kaiser; Representatives Montenegro, Smith
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An Act
amending section 23-206, Arizona Revised Statutes; amending title 36, chapter 4, article 2, Arizona Revised Statutes, by adding section 36-425.09; relating to vaccinations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-206, Arizona Revised Statutes, is amended to read:
23-206. Employers; accommodations required vaccinations; religious exemption; form; definitions
A. If an employer receives notice from an employee that the employee's sincerely held religious beliefs, practices or observances prevent the employee from taking the COVID-19 vaccination, influenza A or B vaccination or flu vaccination or any vaccination approved by the United States food and drug administration for emergency use, the employer shall provide a reasonable accommodation unless the accommodation would pose an undue hardship and more than a de minimus cost to the operation of the employer's business.
B. An employer may not:
1. inquire into the veracity of a employee's religious beliefs.
2. Discriminate against an employee regarding employment, wages or benefits based on the employee's vaccination status.
C. An employer shall allow an employee to claim a religious exemption from the COVID-19 vaccination, influenza A or B vaccination or flu vaccination mandate or any mandate for a vaccination approved by the United States food and drug administration for emergency use using the following form:
Religious exemption from COVID-19 vaccination,
influenza A or B vaccination, flu Vaccination or
vaccination approved by the United States food
and drug administration for emergency use
Employee name __________________________________
Date of birth __________________________________
telePhone number __________________________________
Employer name __________________________________
Exemption statement:
Pursuant to section 23-206, Arizona Revised Statutes, I hereby declare that I am declining the COVID-19 vaccination, influenza A or B vaccination, flu vaccination or vaccination approved by the United States food and drug administration for emergency use because of my sincerely held religious beliefs.
Employee signature _______________________________
Date _______________________________
Employee name (print) _______________________________
NOTE: An employer may not inquire into the veracity of the employee's sincerely held religious beliefs. This completed exemption statement requires the employer to allow the employee to opt out of the employer's COVID-19 vaccination, influenza A or B vaccination, flu vaccination or vaccination approved by the United States food and drug administration for emergency use mandate.
D. If an employer receives a completed exemption statement as prescribed in this section, the employer must allow the employee to opt out of the employer's COVID-19 vaccination, influenza A or B vaccination or flu vaccination mandate or any mandate for a vaccination approved by the United States food and drug administration for emergency use. Any employer that receives a request for a religious exemption pursuant to this section shall keep the request and the contents of the request in strict confidence and may not share them within that organization except to the extent absolutely necessary to process the request for exemption. Employers may not create a database of religious exemption requests or share the requests or the content of the requests with any other entity or individual, except as provided by law.
E. For the purposes of this section:
1. "COVID-19" means:
(a) The novel coronavirus identified as SARS-COV-2.
(b) Any disease caused by SARS-COV-2, its viral fragments or a virus mutating therefrom.
(c) All conditions associated with the disease that are caused by SARS-COV-2, its viral fragments or a virus mutating therefrom.
2. "Sincerely held religious beliefs" includes a sincerely held
moral or ethical belief.
Sec. 2. Title 36, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 36-425.09, to read:
36-425.09. Health care institutions; complaints; religious exemptions; investigations; noncompliance; civil penalty; definitions
A. An employee of a health care institution may file a complaint with the attorney general if the health care institution did not offer the employee the form prescribed in section 23-206 or improperly applied or denied the employee's religious exemption and the employee's employment was terminated, including the functional equivalent of termination. A health care institution is required to apply the religious exemption prescribed in section 23-206 only to the extent required under federal law.
B. The attorney general shall investigate all complaints received pursuant to subsection A of this section. The investigation, at a minimum, shall determine whether the health care institution imposed a COVID-19 vaccination, influenza A or B vaccination or flu vaccination mandate or any mandate for a vaccination approved by the United States food and drug administration for emergency use, whether the employee was offered and submitted a proper exemption statement pursuant to section 23-206 and whether the employee was terminated as a result of the health care institution not providing the employee a religious exemption from the vaccination mandate. If the attorney general finds that the religious exemption was not offered or was improperly applied or denied and the employee's employment was terminated, including the functional equivalent of termination, the attorney general shall notify the health care institution of its determination and allow the employer the opportunity to correct the noncompliance within ten days. The attorney general shall assess a civil penalty of $5,000 on a health care institution that does not correct the noncompliance within the provided time frame.
C. For the purposes of this section:
1. "COVID-19" has the same meaning prescribed in section 23-206.
2. "Functional equivalent of termination" means it is determined that either:
(a) The employee resigned under duress.
(b) The employer, through its actions, made working conditions so difficult or intolerable that a reasonable person in the employee's position would feel compelled to resign.