ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: GOV DPA/SE 5-3-0-0 I 3rd Read 16-13-1-0

SB1704: government; vaccination mandate; prohibition

Sponsor: Senator Wadsack, LD 17

Committee on Health & Human Services

Overview

Declares the act of discriminating against a person based on their vaccination status or whether they have an immunity passport as unlawful.

History

A.R.S. § 36-685 prohibits any government entity from requiring an Arizona resident to receive a vaccination for COVID-19 or any variant of COVID-19. Currently, this prohibition does not apply to health care institutions that are owned or operated by a government entity in Arizona. Government entity means this state and any political subdivision of this state that receives and uses tax revenues.

Provisions

1.   Mandates that it is 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 term, condition or privilege of employment based on the person's vaccination status or whether the person has an immunity passport;

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. (Sec. 1)

2.   Specifies that a person, government entity or an employer does not unlawfully discriminate if they recommend that an employee receive a vaccine. (Sec. 1)

3.   Prohibits a person from being required to receive a vaccine for which a United States Food and Drug Administration emergency use authorization has been issued or any vaccine undergoing safety trials. (Sec. 1)

4.   Specifies that these requirements do not apply to:

a)   health care institutions as defined in statute; and

b)   immunization requirements for school attendance or childcare facilities. (Sec. 1)

5.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines the following terms:

a)   employer;

b)   immunity passport; and

c)   vaccine status (Sec. 1)

6.   Includes a legislative intent clause. (Sec. 2)

7.   Makes technical and conforming changes. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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11.                    SB 1704

12.  Initials AG/KM      Page 0 Health & Human Services

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