Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 60 Sixth Substitute (2022GS)

Sponsor

Rep. Brooks, W.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• makes it unlawful for a place of public accommodation to discriminate against an individual based on the individual's immunity status;
• with certain exceptions, prohibits a governmental entity from requiring proof of immunity status;
• with certain exceptions, makes it unlawful discrimination for an employer to require proof of immunity status; and
• prohibits a governmental entity or employer from requiring an individual to receive a vaccine if the vaccine is authorized for emergency use or undergoing safety trials.

Every vote on this bill

Bill text

VACCINE PASSPORT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill enacts requirements regarding the use of an individual's immunity status.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ makes it unlawful for a place of public accommodation to discriminate against an
individual based on the individual's immunity status;
▸ with certain exceptions, prohibits a governmental entity from requiring proof of
immunity status;
▸ with certain exceptions, makes it unlawful discrimination for an employer to require
proof of immunity status; and
▸ prohibits a governmental entity or employer from requiring an individual to receive
a vaccine if the vaccine is authorized for emergency use or undergoing safety trials.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-7-1
, as last amended by Laws of Utah 2018, Chapter 130
13-7-2
, as last amended by Laws of Utah 2018, Chapter 130
13-7-3
, as last amended by Laws of Utah 2018, Chapter 130
26-68-101
, as enacted by Laws of Utah 2021, Chapter 182
63I-1-226
, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
and 417
ENACTS:
26-68-103
, Utah Code Annotated 1953
34A-5-113
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-7-1
 is amended to read:
13-7-1.
Policy and purposes of act.
It is hereby declared that the practice of discrimination on the basis of race, color, sex,
pregnancy, religion, ancestry, 
immunity status,
 or national origin in business establishments or
places of public accommodation or in enterprises regulated by the state endangers the health,
safety, and general welfare of this state and its inhabitants; and that such discrimination in
business establishments or places of public accommodation or in enterprises regulated by the
state, violates the public policy of this state. It is the purpose of this act to assure all citizens
full and equal availability of all goods, services and facilities offered by business
establishments and places of public accommodation and enterprises regulated by the state
without discrimination because of race, color, sex, pregnancy, religion, ancestry, 
immunity
status,
 or national origin. The rules of common law that statutes in derogation thereof shall be
strictly construed has no application to this act. This act shall be liberally construed with a
view to promote the policy and purposes of the act and to promote justice. The remedies
provided herein are not exclusive but are in addition to any other remedies available at law or
equity.
Section 2. Section 
13-7-2
 is amended to read:
13-7-2.
Definitions.
As used in this chapter:
(1) "Enterprise regulated by the state" means:
(a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
(b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
Alcoholic Beverage Control Act;
(c) an insurer regulated by Title 31A, Insurance Code; and
(d) a public utility subject to regulation under Title 54, Public Utilities.
(2) "Immunity status" means an indication of whether an individual is immune to a
disease, whether through vaccination or infection and recovery.
[
(2)
] 
(3)
 "Person" includes an individual, partnership, association, organization,
corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver , and other
organized groups of persons.
[
(3)
] 
(4)
 (a) "Place of public accommodation" includes:
(i) every place, establishment, or facility of whatever kind, nature, or class that caters
or offers services, facilities, or goods to the general public for a fee or charge, except, an
establishment that is:
(A) located within a building that contains not more than five rooms for rent or hire;
and
(B) actually occupied by the proprietor of the establishment as the proprietor's
residence; and
(ii) a place, establishment, or facility that caters or offers services, facilities, or goods
to the general public gratuitously if the place, establishment, or facility receives any substantial
governmental subsidy or support.
(b) "Place of public accommodation" does not include an institution, church, apartment
house, club, or place of accommodation that is in nature distinctly private except to the extent
that the institution, church, apartment house, club, or place of accommodation is open to the
public.
[
(4)
] 
(5)
 "Pregnancy" includes pregnancy or a pregnancy-related condition.
[
(5)
] 
(6)
 "Pregnancy-related condition" includes breastfeeding, lactation, or a medical
condition related to breastfeeding. 
Section 3. Section 
13-7-3
 is amended to read:
13-7-3.
Equal right in business establishments, places of public accommodation,
and enterprises regulated by the state.
All persons within the jurisdiction of this state are free and equal and are entitled to full
and equal accommodations, advantages, facilities, privileges, goods and services in all business
establishments and in all places of public accommodation, and by all enterprises regulated by
the state of every kind whatsoever, without discrimination on the basis of race, color, sex,
pregnancy, religion, 
immunity status,
 ancestry
,
 or national origin. Nothing in this act shall be
construed to deny any person the right to regulate the operation of a business establishment or
place of public accommodation or an enterprise regulated by the state in a manner which
applies uniformly to all persons without regard to race, color, sex, pregnancy, religion,
ancestry, 
immunity status,
 or national origin; or to deny any religious organization the right to
regulate the operation and procedures of [
its
] 
the religious organization's
 establishments.
Section 4. Section 
26-68-101
 is amended to read:
CHAPTER 68. COVID-19 VACCINE AND IMMUNITY
PASSPORT RESTRICTIONS ACT
26-68-101.
Title.
This chapter is known as the "COVID-19 Vaccine 
and Immunity Passport
 Restrictions
Act."
Section 5. Section 
26-68-103
 is enacted to read:
 26-68-103.
Prohibition on requiring immunity passports.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63D-2-102
.
(b) "Health care facility" means the same as that term is defined in Section 
26-21-2
.
(c) "Immunity passport" means a document, digital record, or software application
indicating that an individual is immune to a disease, whether through vaccination or infection
and recovery.
(d) "Vaccination status" means an indication of whether an individual has received one
or more doses of a vaccine.
(2) A governmental entity may not refuse, withhold from, or deny to an individual any
local or state service, good, facility, advantage, privilege, license, educational opportunity,
health care access, or employment opportunity based on the individual's vaccination status,
including whether the individual has an immunity passport.
(3) Subsection (2) does not apply to:
(a) a vaccination requirement by a degree-granting institution of higher education, if
the vaccination requirement is implemented in accordance with Section 
53B-2-113
;
(b) a school or a child care program as defined in Section 
26-39-102
 if the vaccination
requirement is implemented in accordance with applicable provisions of state and federal law;
(c) a licensed nursing home, long-term care facility, or assisted living facility if
compliance with Subsection (2) would result in a violation of regulations or guidance issued by
the Centers for Medicare and Medicaid Services or the United States Centers for Disease
Control and Prevention;
(d) a recommendation by a governmental entity that an employee receive a vaccine; or
(e) a health care facility that asks an employee to volunteer the employee's vaccination
status for the purpose of determining whether the health care facility should implement
reasonable accommodation measures to protect the health and safety of employees, patients,
visitors, and other persons from communicable diseases if the health care facility:
(i) asks an employee to volunteer the employee's vaccination or immunization status
for the purpose of determining whether the health care facility should implement reasonable
accommodation measures to protect the safety and health of employees, patients, visitors, and
other persons from communicable diseases; and
(ii) implements reasonable accommodation measures for employees, patients, visitors,
and other individuals who are not vaccinated or not immune to protect the safety and health of
employees, patients, visitors, and other individuals from communicable diseases.
(4) For purposes of determining whether reasonable accommodation measures should
be implemented, a health care facility may consider an employee to be nonvaccinated or
nonimmune if the employee declines to provide the employee's vaccination status to the health
care facility.
(5) A governmental entity may not require any individual, directly or indirectly, to
receive any vaccine:
(a) that is authorized for use under an emergency use authorization under 21 U.S.C.
Sec. 360bbb-3; or
(b) undergoing safety trials.
Section 6. Section 
34A-5-113
 is enacted to read:
 34A-5-113.
Prohibition on requiring immunity passports.
(1) As used in this section:
(a) "Health care facility" means the same as that term is defined in Section 
26-21-2
.
(b) "Immunity passport" means a document, digital record, or software application
indicating that an individual is immune to a disease, whether through vaccination or infection
and recovery.
(c) "School" means the same as that term is defined in Section 
53G-9-301
.
(d) "Vaccination status" means an indication of whether an individual has received one
or more doses of a vaccine.
(2) It is a discriminatory or prohibited employment practice for an employer, on the
basis of an individual's vaccination status or whether the individual has an immunity passport,
to:
(a) refuse employment to an individual;
(b) bar an individual from employment; or
(c) discriminate against an individual in compensation or in a term, condition, or
privilege of employment.
(3) Subsection (2) does not apply to:
(a) a vaccination requirement by a school if the vaccination requirement is
implemented in accordance with Title 53G, Chapter 9, Part 3, Immunization Requirements;
(b) a vaccination requirement by a child care program as defined in Section 
26-39-102
if the vaccination requirement is implemented in accordance with applicable provisions of state
and federal law;
(c) a licensed nursing home, long-term care facility, or assisted living facility if
compliance with Subsection (2) would result in a violation of regulations or guidance issued by
the Centers for Medicare and Medicaid Services or the United States Centers for Disease
Control and Prevention;
(d) a recommendation by an employer that an employee receive a vaccine; or
(e) a health care facility that asks an employee to volunteer the employee's vaccination
status for the purpose of determining whether the health care facility should implement
reasonable accommodation measures to protect the health and safety of employees, patients,
visitors, and other persons from communicable diseases if the health care facility:
(i) asks an employee to volunteer the employee's vaccination or immunization status
for the purpose of determining whether the health care facility should implement reasonable
accommodation measures to protect the safety and health of employees, patients, visitors, and
other persons from communicable diseases; and
(ii) implements reasonable accommodation measures for employees, patients, visitors,
and other individuals who are not vaccinated or not immune to protect the safety and health of
employees, patients, visitors, and other individuals from communicable diseases.
(4) An employer may not require any individual, directly or indirectly, to receive any
vaccine:
(a) that is authorized for use under an emergency use authorization under 21 U.S.C.
Sec. 360bbb-3; or
(b) undergoing safety trials.
Section 7. 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 
26-10b-106
, which creates the Primary Care Grant Committee, is repealed
July 1, 2025.
(12) Subsection 
26-15c-104
(3), relating to a limitation on the number of
microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
(13) Subsection 
26-18-2.6
(9), which addresses reimbursement for dental hygienists, is
repealed July 1, 2028.
(14) Section 
26-18-27
 is repealed July 1, 2025.
(15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2027.
(16) 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.
(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 Act,
] 
Section 
26-68-102
 is
repealed July 1, 2024.