Senate Engrossed lobbying; public body; definition (now: government; vaccination mandate; prohibition) State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SENATE BILL 1704 An Act amending section 36-685, Arizona Revised Statutes; relating to public health. (TEXT OF BILL BEGINS ON NEXT PAGE)
Senate Engrossed lobbying; public body; definition (now: government; vaccination mandate; prohibition)
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
SENATE BILL 1704
Senate Engrossed
lobbying; public body; definition
(now: government; vaccination mandate; prohibition)
State of Arizona
Senate
Fifty-sixth Legislature
First Regular Session
2023
SENATE BILL 1704
An Act
amending section 36-685, Arizona Revised Statutes; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-685, Arizona Revised Statutes, is amended to read: START_STATUTE36-685. Vaccinations; discriminatory practices; prohibitions; exceptions; applicability; definitions A. Any government entity may not require a resident of this state to receive a vaccination for COVID-19 or any variant of COVID-19. B. It is an unlawful discriminatory practice for: 1. Any government entity to refuse, withhold from or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access or employment opportunities based on the person's vaccination status or whether the person has an immunity passport. 2. An employer to refuse employment to a person, to 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. 3. 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. C. A person, government entity or employer does not unlawfully discriminate under this section if the person, government entity or employer recommends that an employee receive a vaccine. D. 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. B. E. Subsection A of This section does not apply to: 1. A health care institution that is owned or operated by a government entity in this state as defined in section 36-401. 2. Immunization requirements for school attendance pursuant to section 36-672 or a child care facility pursuant to chapter 7.1, article 1 of this title. C. F. For the purposes of this section: , 1. "Employer" means this state and all political subdivisions of this state, the United States, any department or agency of the United States, or a corporation wholly owned by the government of the United States. 2. "Government entity" means this state and any political subdivision of this state that receives and uses tax revenues. 3. "Immunity passport" means a document, digital record or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery. 4. "Vaccination status" means an indication of whether a person has received one or more doses of any vaccine, including any vaccine for which a United States food and drug administration emergency use authorization has been issued or any vaccine undergoing safety trials.END_STATUTE Sec. 2. Legislative intent; purpose Pursuant to the Tenth Amendment to the United States Constitution and article II, section 3 of the Arizona Constitution, the legislature declares the public policy of this state is to protect the people of Arizona against all laws, orders, regulations, actions or programs that unconstitutionally violate Arizona citizens' fundamental right to work guaranteed by article XXV of the Arizona Constitution, the fundamental right to refuse medical treatment and the right to remain free from nonconsensual bodily invasions.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-685, Arizona Revised Statutes, is amended to read:
START_STATUTE36-685. Vaccinations; discriminatory practices; prohibitions; exceptions; applicability; definitions
A. Any government entity may not require a resident of this state to receive a vaccination for COVID-19 or any variant of COVID-19.
B. It is an unlawful discriminatory practice for:
1. Any government entity to refuse, withhold from or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access or employment opportunities based on the person's vaccination status or whether the person has an immunity passport.
2. An employer to refuse employment to a person, to 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.
3. 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.
C. A person, government entity or employer does not unlawfully discriminate under this section if the person, government entity or employer recommends that an employee receive a vaccine.
D. 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.
B. E. Subsection A of This section does not apply to:
1. A health care institution that is owned or operated by a government entity in this state as defined in section 36-401.
2. Immunization requirements for school attendance pursuant to section 36-672 or a child care facility pursuant to chapter 7.1, article 1 of this title.
C. F. For the purposes of this section: ,
1. "Employer" means this state and all political subdivisions of this state, the United States, any department or agency of the United States, or a corporation wholly owned by the government of the United States.
2. "Government entity" means this state and any political subdivision of this state that receives and uses tax revenues.
3. "Immunity passport" means a document, digital record or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery.
4. "Vaccination status" means an indication of whether a person has received one or more doses of any vaccine, including any vaccine for which a United States food and drug administration emergency use authorization has been issued or any vaccine undergoing safety trials.END_STATUTE
Sec. 2. Legislative intent; purpose
Pursuant to the Tenth Amendment to the United States Constitution and article II, section 3 of the Arizona Constitution, the legislature declares the public policy of this state is to protect the people of Arizona against all laws, orders, regulations, actions or programs that unconstitutionally violate Arizona citizens' fundamental right to work guaranteed by article XXV of the Arizona Constitution, the fundamental right to refuse medical treatment and the right to remain free from nonconsensual bodily invasions.