ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: February 14, 2023
SUBJECT: Strike everything amendment to S.B. 1704, relating to government; vaccination
mandate; prohibition
Purpose
Deems the act of discriminating against a person based on their vaccination status or
whether they have an immunity passport as unlawful.
Background
On April 19, 2021, Governor Douglas A. Ducey issued an Executive Order prohibiting a
state agency, county, city, town or other political subdivision from adopting any order, policy,
regulation, ordinance or other measure that requires an individual to provide documentation
regarding the individual's COVID-19 vaccination status as a condition of: 1) entering any building,
business, facility, location, park or other space; or 2) receiving any service, permit, license or other
work authorization requirement (EO 2021-09).
A government entity may not require a resident to receive a vaccination for COVID-19 or
any other variant of COVID-19. Health care institutions owned or operated by a government entity
are exempt for the prohibition relating to a COVID-19 vaccination. A government entity is defined
as the state and any political subdivision in the state that receives and uses tax revenues (A.R.S. §
36-685). A health care institution is a place, institution, building or agency, whether organized for
profit or not, that provides facilities with medical services, nursing services, behavioral health
services, health screening services, other health-related services, supervisory care services,
personal care services or directed care services and includes home health agencies outdoor
behavioral health care programs and hospice service agencies (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems it as 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.
ANNA NGUYEN
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO
S.B. 1704
Page 2
2. Specifies that a person, government entity or an employer does not unlawfully discriminate if
they recommend that an employee receive a vaccine.
3. Prohibits a person from being required to receive a vaccine that has been issued a United States
Food and Drug Administration emergency use authorization or a vaccine undergoing safety
trials.
4. Exempts, from the prohibition relating to vaccination status discrimination, a health care
institution and immunization requirements for school attendance or a child care facility.
5. Redefines health care institution.
6. Defines employer, immunity passport and vaccination status.
7. Contains a legislative intent clause.
8. Makes technical and conforming changes.