Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 308 (2021GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits a governmental entity from requiring that an individual receive a vaccine for COVID-19; Ĥ→ [ and ] 15a
• provides exceptions to the prohibition in this bill; and ←Ĥ
• provides a sunset date.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 19, 2021 at 8:38 AM by pflowers.
COVID-19 VACCINE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
 Daniel McCay
LONG TITLE
General Description:
This bill prohibits a governmental entity from requiring that an individual receive a
vaccine for COVID-19.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a governmental entity from requiring that an individual receive a vaccine
for COVID-19; 
Ĥ→ [
and
]
15a 
▸ provides exceptions to the prohibition in this bill; and
 ←Ĥ
▸ provides a sunset date.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-226
, as last amended by Laws of Utah 2020, Chapters 19, 154, 172, 181, 221,
232, 303, 347, and 429
ENACTS:
26-68-101
, Utah Code Annotated 1953
26-68-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-68-101
 is enacted to read:
CHAPTER 68. COVID-19 VACCINE RESTRICTIONS ACT
 26-68-101.
Title.
This chapter is known as the "COVID-19 Vaccine Restrictions Act."
Section 2. Section 
26-68-102
 is enacted to read:
 26-68-102.
Governmental entities prohibited from requiring a COVID-19 vaccine.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63D-2-102
.
(b) "Emergency COVID-19 vaccine" means a substance that is:
(i) authorized for use by the United States Food and Drug Administration under an
emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
(ii) injected into or otherwise administered to an individual; and
(iii) intended to immunize an individual against COVID-19 as defined in Section
78B-4-517
.
(2) Except as provided in Subsection (4), a governmental entity may not require,
directly or indirectly, that an individual receive an emergency COVID-19 vaccine.
(3) The prohibited activities under Subsection (2) include:
(a) making rules that require, directly or indirectly, that an individual receive an
emergency COVID-19 vaccine;
(b) requiring that an individual receive an emergency COVID-19 vaccine as a
condition of:
(i) employment;
(ii) participation in an activity of the governmental entity, including outside or
extracurricular activities; or
(iii) attendance at events that are hosted or sponsored by the governmental entity; and
(c) any action that a reasonable person would not be able to deny without significant
harm to the individual.
(4) Subsection (2) does not include:
(a) facilitating the distribution, dispensing, administration, coordination, or provision
of an emergency COVID-19 vaccine;
Ĥ→ [
or
]
60a 
(b) an employee of a governmental entity who is:
60b 
 (i) acting in a public health or medical setting; and
60c 
 (ii) required to receive vaccinations in order to perform the employee's assigned duties
60d 
and responsibilities; or
 ←Ĥ
Ĥ→ [
(b)
] 
(c)
 ←Ĥ
enforcement by a governmental entity of a non-discretionary requirement
61a 
under
federal law.
(5) This section may not be suspended or modified by the governor or any other chief
executive officer under Title 53, Chapter 2a, Emergency Management Act.
Section 3. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
(1) Subsection 
26-1-7
(1)(f), related to the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(2) Subsection 
26-1-7
(1)(h), related to the Primary Care Grant Committee, is repealed
July 1, 2025.
(3) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed July
1, 2025.
(4) Section 
26-1-40
 is repealed July 1, 2022.
(5) Section 
26-1-41
 is repealed July 1, 2026.
(6) Section 
26-7-10
 is repealed July 1, 2025.
(7) Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
(8) Section 
26-7-14
 is repealed December 31, 2027.
(9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
1, 2025.
(10) Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening Committee,
is repealed July 1, 2026.
(11) Section 
26-10-11
 is repealed July 1, 2025.
(12) Section 
26-10b-106
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(13) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2027.
(14) Subsection 
26-18-417
(3) relating to a report to the Health and Human services
Interim Committee is repealed July 1, 2020.
(15) Subsection 
26-18-418
(2), the language that states "and the Behavioral Health
Crisis Response Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
(16) Title 26, Chapter 18a, Kurt Oscarson Children's Organ Transplant Coordinating
Committee, is repealed July 1, 2021.
(17) Section 
26-33a-117
 is repealed on December 31, 2023.
(18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
2024.
(20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
July 1, 2024.
(21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
(22) Section 
26-39-201
, which creates the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(23) Section 
26-40-104
, which creates the Utah Children's Health Insurance Program
Advisory Council, is repealed July 1, 2025.
(24) Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
(25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
(26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
July 1, 2026.
(27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
2026.
(28) Title 26, Chapter 68, COVID-19 Vaccine Restrictions, is repealed July 1, 2024.