HB 2316
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB 2316: 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.
Health care institutions are defined as every place, institution, building or agency, whether
organized for profit or not, that provides facilities with medical, nursing, behavioral health, health
screening, supervisory care, personal care, directed care or any other health-related services,
including home health agencies, outdoor behavioral health care programs and hospice service
agencies (A.R.S. § 36-401).
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 a term, condition or privilege of employment based on the person's
vaccination status or whether the person has an immunity passport; and
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) HB 2316
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5. Defines the following terms:
a) employer;
b) immunity passport; and
c) vaccination status. (Sec. 1)
6. Contains a legislative purpose statement. (Sec. 2)
7. Makes technical and conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note