Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 131 (2023GS)

Sponsor

Rep. Brooks, W.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

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.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 25, 2023 at 8:33 AM by pflowers.
VACCINE PASSPORT PROHIBITION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
 Michael S. Kennedy
LONG TITLE
General Description:
This bill enacts a prohibition on the use of an individual's immunity status by places of
public accommodation, governmental entities, and employers.
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.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63D-2-102
, as last amended by Laws of Utah 2021, Chapter 345
63I-1-226
, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
347, and 451
ENACTS:
13-7-5
, Utah Code Annotated 1953
26-68-103
, Utah Code Annotated 1953
34A-5-113
, Utah Code Annotated 1953
REPEALS:
26-68-101
, as enacted by Laws of Utah 2021, Chapter 182
26-68-102
, as enacted by Laws of Utah 2021, Chapter 182
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-7-5
 is enacted to read:
 13-7-5.
Equal right in business establishments, places of public accommodation,
and enterprises regulated by the state based on immunity status.
(1) As used in this section, "immunity status" means an indication of whether an
individual is immune to a disease, whether through vaccination or infection and recovery.
(2) 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
immunity status.
(3) Nothing in this section 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
immunity status, or to deny any religious organization the right to regulate the operation and
procedures of the religious organization's establishments.
(4) (a) The provisions in Section 
13-7-4
 shall apply to enforcement and violations of
this section.
(b) Upon application to the attorney general by any person denied the rights guaranteed
by this section, the attorney general shall investigate and seek to conciliate the matter.
Section 2. Section 
26-68-103
 is enacted to read:
CHAPTER 68. VACCINE AND IMMUNITY PASSPORT RESTRICTIONS ACT
 26-68-103.
Prohibition on requiring immunity passports or vaccination --
Exceptions.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63D-2-102
.
(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) "Regulated entity" means an employer, as defined in Section 
34A-6-103
, that is
subject to a regulation by the Centers for Medicare and Medicaid Services regarding a vaccine,
unless the employer is:
(i) the state or a political subdivision of the state; and
(ii) not a health care facility as defined in Section 
26-21-2
.
(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:
(a) 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; or
(b) require any individual, directly or indirectly, to receive a vaccine.
(3) Subsection (2) does not apply to:
(a) a vaccination requirement by
Ĥ→ [
a degree-granting
] 
 an
 ←Ĥ
institution of higher
83a 
education, if
the vaccination requirement is implemented in accordance with Section 
53B-2-113
;
(b) a vaccination requirement by a school if the vaccination requirement is
implemented in accordance with Title 53G, Chapter 9, Part 3, Immunization Requirements;
(c) 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;
(d) a regulated entity if compliance with Subsection (2) would result in a violation of
binding, mandatory regulations or requirements that affect the regulated entity's funding issued
by the Centers for Medicare and Medicaid Services or the United States Centers for Disease
Control and Prevention;
(e) a contract for goods or services entered into before May 3, 2023, if:
(i) application of this section would result in a substantial impairment of the contract;
and
(ii) the contract is not between an employer and the employer's employee;
(f) a federal contractor;
Ĥ→ [
or
] ←Ĥ
(g) a governmental entity vaccination requirement of an employee who, as determined
by the governmental entity:
(i) has, as part of the employee's duties, direct exposure to human blood, human fecal
matter, or other potentially infectious materials that may expose the employee to hepatitis or
tuberculosis; or
(ii) is acting in a public health or medical setting that requires the employee to receive
vaccinations to perform the employee's assigned duties and responsibilities
Ĥ→ [
.
] 
 ; or
104a 
 (h) a governmental entity that:
104b 
(i) establishes a nexus between a vaccination requirement and the employee's assigned duties
104c 
and responsibilities; or
104d 
(ii) identifies an external requirement for vaccination that is not imposed by the governmental
104e 
entity and is related to the employee's duties and responsibilities.
 ←Ĥ
Ĥ→ [
(4) A governmental entity described in Subsection (3)(g) shall allow the employee to
decline vaccination if the employee submits to the governmental entity a written statement that
receiving the vaccine would:
(a) be injurious to the health and well-being of the employee;
(b) conflict with a sincerely held religious belief, practice, or observance of the
employee; or
(c) conflict with a sincerely held personal belief of the employee.
(5)
] 
 (4)
 ←Ĥ
Nothing in this section prohibits a governmental entity from recommending that
112a 
an
employee receive a vaccine.
Section 3. Section 
34A-5-113
 is enacted to read:
 34A-5-113.
Prohibition on requiring immunity passports and discrimination
based on immunity -- Exceptions.
(1) As used in this section:
(a) "Employer" means, notwithstanding Section 
34A-5-102
:
(i) the state;
(ii) a county, city, town, or school district in the state; and
(iii) a person, including a public utility, having one or more workers or operatives
regularly employed in the same business, or in or about the same establishment, under any
contract of hire.
(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) "Regulated entity" means an employer, as defined in Section 
34A-6-103
, that is
subject to a regulation by the Centers for Medicare and Medicaid Services regarding a vaccine,
unless the employer is:
(i) the state or a political subdivision of the state; and
(ii) not a health care facility as defined in Section 
26-21-2
.
(d) "School" means the same as that term is defined in Section 
53G-9-301
.
(e) "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 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;
(b) a regulated entity if compliance with Subsection (2) would result in a violation of
binding, mandatory regulations or requirements that affect the regulated entity's funding issued
by the Centers for Medicare and Medicaid Services or the United States Centers for Disease
Control and Prevention;
(c) a contract for goods or services entered into before May 3, 2023, if:
(i) application of this section would result in a substantial impairment of the contract;
and
(ii) the contract is not between an employer and the employer's employee;
(d) a federal contractor;
(e) an employer vaccination requirement of an employee
Ĥ→ [
:
(i)
] ←Ĥ
who, as determined by the employer, has direct exposure to human blood, human
fecal matter, or other potentially infectious materials that may expose the employee to hepatitis
or tuberculosis;
Ĥ→ 
or
158a 
(f) an employer that:
158b 
(i) establishes a nexus between a vaccination requirement and the employee's assigned duties
158c 
and responsibilities; or
158d 
(ii) identifies an external requirement for vaccination that is not imposed by the employer and
158e 
is related to the employee's duties and responsibilities.
 ←Ĥ
Ĥ→ [
(ii) whose primary duties and responsibilities, as determined by the employer, require
the employee:
(A) to enter into a regulated entity in Utah, or a facility in a state or territory of the
United States outside of Utah, where vaccination is required under state or federal law to
access the facility; or
(B) to travel to a country that requires vaccination as a condition of entry into the
country.
(4) An employer described in Subsection (3)(e) shall allow the employee to decline
vaccination if the employee submits to the employer a written statement that receiving the
vaccine would:
(a) be injurious to the health and well-being of the employee;
(b) conflict with a sincerely held religious belief, practice, or observance of the
employee; or
(c) conflict with a sincerely held personal belief of the employee.
(5)
] 
 (4)
 ←Ĥ
Nothing in this section prohibits an employer from recommending that an
173a 
employee
receive a vaccine.
Section 4. Section 
63D-2-102
 is amended to read:
63D-2-102.
Definitions.
As used in this chapter:
(1) (a) "Collect" means the gathering of personally identifiable information:
(i) from a user of a governmental website; or
(ii) about a user of the governmental website.
(b) "Collect" includes use of any identifying code linked to a user of a governmental
website.
(2) "Court website" means a website on the Internet that is operated by or on behalf of
any court created in Title 78A, Chapter 1, Judiciary.
(3) "Governmental entity" means:
(a) an executive branch agency as defined in Section 
63A-16-102
;
(b) the legislative branch;
(c) the judicial branch;
(d) the State Board of Education;
(e) the Utah Board of Higher Education;
(f) an institution of higher education 
as defined in Section 
53B-1-102
; and
(g) a political subdivision of the state:
(i) as defined in Section 
17B-1-102
; and
(ii) including a school district.
(4) (a) "Governmental website" means a website on the Internet that is operated by or
on behalf of a governmental entity.
(b) "Governmental website" includes a court website.
(5) "Governmental website operator" means a governmental entity or person acting on
behalf of the governmental entity that:
(a) operates a governmental website; and
(b) collects or maintains personally identifiable information from or about a user of
that website.
(6) "Personally identifiable information" means information that identifies:
(a) a user by:
(i) name;
(ii) account number;
(iii) physical address;
(iv) email address;
(v) telephone number;
(vi) Social Security number;
(vii) credit card information; or
(viii) bank account information;
(b) a user as having requested or obtained specific materials or services from a
governmental website;
(c) Internet sites visited by a user; or
(d) any of the contents of a user's data-storage device.
(7) "User" means a person who accesses a governmental website.
Section 5. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates: Title 26 through 26B.
(1) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed July
1, 2025.
(2) Section 
26-1-40
 is repealed July 1, 2022.
(3) Section 
26-1-41
 is repealed July 1, 2026.
(4) Section 
26-1-43
 is repealed December 31, 2025.
(5) Section 
26-7-10
 is repealed July 1, 2025.
(6) Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
(7) Section 
26-7-14
 is repealed December 31, 2027.
(8) Section 
26-8a-603
 is repealed July 1, 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 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) Section 
26-18-28
 is repealed June 30, 2027.
(16) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
2027.
(17) 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.
(18) Section 
26-33a-117
 is repealed December 31, 2023.
(19) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
(20) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
2024.
(21) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
July 1, 2024.
(22) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
(23) Section 
26-39-201
, which creates the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
(24) Section 
26-39-405
, Drinking water quality in child care centers, is repealed July 1,
2027.
(25) Section 
26-40-104
, which creates the Utah Children's Health Insurance Program
Advisory Council, is repealed July 1, 2025.
(26) Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
(27) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
(28) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
2026.
[
(29) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
2024.
]
[
(30)
] 
(29)
 Section 
26-69-406
 is repealed July 1, 2025.
[
(31)
] 
(30)
 Subsection 
26B-1-204
(2)(i), related to the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(32)
] 
(31)
 Subsection 
26B-1-204
(2)(k), related to the Primary Care Grant Committee,
is repealed July 1, 2025.
Section 6. 
Repealer.
This bill repeals:
Section 
26-68-101
,
Title.
Section 
26-68-102
,
Governmental entities prohibited from requiring a COVID-19
vaccine.