00 HOUSE BILL NO. 175 01 "An Act relating to COVID-19 immunization rights." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 18.09 is amended by adding new sections to read: 04 Article 2A. COVID-19 Immunization Rights.  05 Sec. 18.09.270. Access to areas and services. Notwithstanding a disaster 06 emergency declared by the governor under AS 26.23.020(c), a business, a state 07 agency, the University of Alaska, or a municipality, school district, or other unit of 08 local government may not require an individual to undergo medical vaccination 09 against COVID-19, or prove that the individual has been vaccinated against 10 COVID-19, to access an area or service that is open to the public. In this subsection, 11 "business" has the meaning given in AS 18.35.399. 12 Sec. 18.09.280. Exercise of rights and access to benefits. Notwithstanding a 13 disaster emergency declared by the governor under AS 26.23.020(c), a state agency or 14 a municipality, school district, or other unit of local government may not adopt or 15 issue a regulation, ordinance, order, or similar policy that requires an individual to 01 undergo medical vaccination against COVID-19, or prove that the individual has been 02 vaccinated against COVID-19, to exercise a lawful right or receive a benefit that is 03 available to the public. 04 Sec. 18.09.290. Definitions. In AS 18.09.270 - 18.09.290, 05 (1) "COVID-19" means the novel coronavirus disease caused by the 06 severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); 07 (2) "school district" means a borough school district, a city school 08 district, a regional educational attendance area, a state boarding school, and the state 09 centralized correspondence study program;  10 (3) "state agency" has the meaning given in AS 40.21.150. 11  * Sec. 2. AS 23.10 is amended by adding new sections to article 7 to read: 12 Sec. 23.10.445. Prohibiting virus vaccination as condition of employment.  13 (a) Unless authorized by federal law, an employer may not require an employee or 14 applicant for employment to undergo or prove receipt of a medical vaccination against 15 COVID-19 as a condition of employment. 16 (b) An employee or applicant for employment may refuse to undergo a 17 vaccination against COVID-19 required by an employer if 18 (1) the employer's vaccination requirement violates (a) of this section; 19 (2) the vaccination is medically contraindicated for the employee or 20 applicant; or 21 (3) undergoing the vaccination would be contrary to a sincerely held 22 religious belief of the employee or applicant. 23 (c) An employer may not discriminate against an employee or applicant for 24 employment regarding tenure, compensation, employee benefits, or other terms and 25 conditions of employment because the employee or applicant 26 (1) refuses to undergo or prove receipt of a vaccination against 27 COVID-19 for a reason under (b) of this section; or 28 (2) brings a civil action under (d) of this section. 29 (d) An employee or applicant for employment may bring against an employer 30 who violates a provision of this section a civil action in the superior court for relief, 31 including injunctive relief, actual damages, and punitive damages. 01 (e) In this section, "COVID-19" means the novel coronavirus disease caused 02 by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).  03 Sec. 23.10.450. Definitions. In AS 23.10.430 - 23.10.450, 04 (1) "employer" includes 05 (A) a person who employs one or more other persons; 06 (B) the state; 07 (C) the University of Alaska; 08 (D) the Alaska Railroad; and 09 (E) a municipality, school district, or other unit of local 10 government; 11 (2) "school district" means a borough school district, a city school 12 district, a regional educational attendance area, a state boarding school, and the state 13 centralized correspondence study program;  14 (3) "state agency" has the meaning given in AS 40.21.150. 15  * Sec. 3. AS 23.10.430(c)(2) is repealed.