SB 1250 — employers; vaccines; religious exemption

Fifty-sixthSenate LegislatureEngrossed Healthemployers; and Human Services First Regular Session S.B.

1250vaccines; PROPOSED SENATE AMENDMENTS TO S.B.

1250religious (Referenceexemption toState printedof bill)Arizona PageSenate 1,Fifty-sixth lineLegislature 9,First strikeRegular "APPROVED"Session insertSENATE "AUTHORIZED"BILL Line1250 10,AN afterACT "USE"AMENDING insertSECTION "ONLY"23-206, LineARIZONA 20,REVISED strikeSTATUTES; "APPROVED" insert "AUTHORIZED" Line 21, after "ADMINISTRATION" insert "ONLY";

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afterRELATING "ADMINISTRATION"TO insertVACCINATIONS. "ONLY";

after(TEXT "FOR"OF insertBILL "AN"BEGINS LineON 6,NEXT strikePAGE) "APPROVED"- inserti "AUTHORIZED"- LineS.B. 7, after "USE" insert "ONLY" Line 12, strike "NOT";

strike1250 "OR"Be Strikeit linesenacted 13by andthe 14,Legislature insertof "FORthe INTERNALState USEof ONLY."Arizona: Between lines 23 and 24, insert:

"Sec.Section 1.

Section 23-206, Arizona Revised Statutes, is amended to read:

23-206.

Employers;

accommodations required vaccinations;

religious exemption;

form;

definitions A.

If an employer receives notice from an employee that the employee's sincerely held religious beliefs, practices or observances prevent the employee from taking the COVID-19 vaccination, INFLUENZA A OR B VACCINATION OR FLU VACCINATION OR ANY VACCINATION AUTHORIZED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR EMERGENCY USE ONLY, the employer shall provide a reasonable accommodation unless the accommodation would pose an undue hardship and more than a de minimus cost to the operation of the employer's business.

B.

AN EMPLOYER MAY NOT:

1.

INQUIRE INTO THE VERACITY OF AN EMPLOYEE'S RELIGIOUS BELIEFS, PRACTICES OR OBSERVANCES TO THE EXTENT BEYOND WHAT IS ALLOWED UNDER FEDERAL LAW.

DISCRIMINATE AGAINST AN EMPLOYEE REGARDING EMPLOYMENT, WAGES OR BENEFITS BASED ON THE EMPLOYEE'S VACCINATION STATUS.

C.

AN EMPLOYER SHALL ALLOW AN EMPLOYEE TO REQUEST A RELIGIOUS EXEMPTION FROM THE COVID-19 VACCINATION, INFLUENZA A OR B VACCINATION OR FLU VACCINATION MANDATE OR ANY MANDATE FOR A VACCINATION AUTHORIZED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION ONLY FOR EMERGENCY USE BY USING A FORM THAT MEETS THE FOLLOWING MINIMUM REQUIREMENTS:

RELIGIOUS EXEMPTION FROM COVID-19 VACCINATION, INFLUENZA A OR B VACCINATION, FLU VACCINATION OR VACCINATION AUTHORIZED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR EMERGENCY USE ONLY EMPLOYEE NAME __________________________________ DATE OF BIRTH __________________________________ TELEPHONE NUMBER __________________________________ EMPLOYER NAME __________________________________ EXEMPTION STATEMENT:

PURSUANT TO SECTION 23-206, ARIZONA REVISED STATUTES, I HEREBY DECLARE THAT I AM REQUESTING AN EXEMPTION FROM THE COVID-19 VACCINATION, INFLUENZA A OR B VACCINATION, FLU VACCINATION OR VACCINATION AUTHORIZED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR EMERGENCY USE ONLY BECAUSE OF MY SINCERELY HELD RELIGIOUS BELIEFS.

EMPLOYEE STATEMENT OF SINCERELY HELD RELIGIOUS BELIEFS ______________________ EMPLOYEE STATEMENT OF CONFLICT BETWEEN RELIGIOUS BELIEFS AND VACCINE ____________ REQUESTED ACCOMMODATION AND ALTERNATIVE ACCOMMODATIONS _______________________ - 1 - S.B.

1250 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.

EMPLOYEE SIGNATURE _______________________________ DATE _______________________________ EMPLOYEE NAME (PRINT) _______________________________ NOTE:

AN EMPLOYER MAY NOT INQUIRE INTO THE VERACITY OF THE EMPLOYEE'S SINCERELY HELD RELIGIOUS BELIEFS, PRACTICES OR OBSERVANCES TO THE EXTENT BEYOND WHAT IS ALLOWED UNDER FEDERAL LAW.

D.

ANY EMPLOYER THAT RECEIVES A REQUEST FOR A RELIGIOUS EXEMPTION PURSUANT TO THIS SECTION SHALL KEEP THE REQUEST AND ITS CONTENTS CONFIDENTIAL AND MAY NOT SHARE THEM WITHIN THAT ORGANIZATION EXCEPT TO THE EXTENT NECESSARY TO PROCESS THE REQUEST FOR EXEMPTION, ACCOMMODATION OR OTHER OPERATIONAL NECESSITY.

EMPLOYERS MAY CREATE A DATABASE OF RELIGIOUS EXEMPTION REQUESTS FOR INTERNAL USE ONLY UNLESS OTHERWISE REQUIRED BY LAW.

E.

FOR THE PURPOSES OF THIS SECTION:

1.

"COVID-19" MEANS:

(a) THE NOVEL CORONAVIRUS IDENTIFIED AS SARS-COV-2.

(b) ANY DISEASE CAUSED BY SARS-COV-2, ITS VIRAL FRAGMENTS OR A VIRUS MUTATING THEREFROM.

(c) ALL CONDITIONS ASSOCIATED WITH THE DISEASE THAT ARE CAUSED BY SARS-COV-2, ITS VIRAL FRAGMENTS OR A VIRUS MUTATING THEREFROM.

2.