Arizona 2023 2023 Regular Session

Arizona House Bill HB2316 Comm Sub / Analysis

Filed 02/02/2023

                      	HB 2316 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
 
 
HB2316: federal government; mandatory vaccinations; prohibition 
S/E: vaccinations; discriminatory practices; prohibitions 
Sponsor: Representative Jones, LD 17 
Committee on Health & Human Services 
 
Summary of the Strike-Everything Amendment to HB 2316 
Overview 
Outlines unlawful discriminatory practices relating to vaccines, vaccination status and immunity 
passports.  
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) a person or a 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. States that a person may not be required to receive any 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. Defines the following terms:  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2316 
Initials AG/KM 	Page 2 	Health & Human Services 
a) employer; 
b) immunity passport; and 
c) vaccine status (Sec. 1)  
6. Includes a public policy statement. (Sec. 2) 
7. Makes technical and conforming changes. (Sec. 1)