Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 2004 Second Substitute (2021S2)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 11/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires an employer to relieve an employee of a COVID-19 vaccination mandate under certain conditions;
• requires an employer to pay for COVID-19 workplace testing; and
• prohibits an adverse action against an employee who claims relief.

Every vote on this bill

Bill text

WORKPLACE COVID-19 AMENDMENTS
SECOND SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
 Mike Schultz
LONG TITLE
General Description:
This bill enacts provisions related to COVID-19 vaccination and testing in the
workplace.
Highlighted Provisions:
This bill:
▸ requires an employer to relieve an employee of a COVID-19 vaccination mandate
under certain conditions;
▸ requires an employer to pay for COVID-19 workplace testing; and
▸ prohibits an adverse action against an employee who claims relief.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
26-68-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-68-201
 is enacted to read:
 26-68-201.
Employee COVID-19 vaccination and testing.
(1) As used in this section:
(a) (i) "Adverse action" means an action that results in:
(A) the refusal to hire a potential employee; or
(B) the termination of employment, demotion, or reduction of wages of an employee.
(ii) "Adverse action" does not include an employer's reassignment of an employee.
(b) "COVID-19 vaccine" means a substance that is:
(i) approved by the United States Food and Drug Administration;
(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
.
(c) "Employee" means the same as that term is defined in Section 
34A-6-103
.
(d) "Employer" means the same as that term is defined in Section 
34A-6-103
.
(e) "Workplace" means the same as that term is defined in Section 
34A-6-103
.
(2) Except as provided in Subsection (5), an employer who requires an employee or
prospective employee to receive or show proof that the employee or prospective employee has
received a COVID-19 vaccine shall relieve the employee or prospective employee of the
requirement if the employee or prospective employee submits to the employer a statement that
receiving a COVID-19 vaccine would:
(a) be injurious to the health and well-being of the employee or prospective employee;
(b) conflict with a sincerely held religious belief, practice, or observance of the
employee or prospective employee; or
(c) conflict with a sincerely held personal belief of the employee or prospective
employee.
(3) Except as provided in Subsection (5), an employer shall pay for all COVID-19
testing an employee receives in relation to or as a condition of the employee's presence at the
workplace.
(4) Except as provided in Subsection (5), an employer may not take an adverse action
against an employee because of an act the employee makes in accordance with this section.
(5) (a) Except as provided in Subsection (5)(b), the provisions of this section do not
apply to a contract entered into before November 5, 2021.
(b) This section applies to a contract between an employer and the employer's
employee regardless of when the parties entered into the agreement.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.