Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 60
Approved for Filing: D.M. Cheung 6                           6th Sub. (Ivory)
          6 03-01-22 2:13 PM 6
                         Senator Lincoln Fillmore proposes the following substitute bill:
                           VACCINE PASSPORT AMENDMENTS
                                       2022 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Walt Brooks
                               Senate Sponsor: Michael S. Kennedy
 Cosponsors:                          Marsha Judkins Judy Weeks Rohner
 Nelson T. Abbott Michael L. Kohler Douglas V. Sagers
 Cheryl K. Acton Karianne Lisonbee Mike Schultz
 Carl R. Albrecht Steven J. Lund Travis M. Seegmiller
 Kera Birkeland Phil Lyman Rex P. Shipp
 Brady Brammer                        A. Cory Maloy                       V. Lowry Snow
 Jefferson S. Burton Jefferson Moss Keven J. Stratton
 Kay J. Christofferson Calvin R. Musselman Mark A. Strong
 Joel Ferry Michael J. Petersen Christine F. Watkins
 Jon Hawkins Val L. Peterson Stephen L. Whyte
 Ken Ivory Adam Robertson Dan N. Johnson
17
 LONG TITLE                                                                                         6th Sub. H.B. 60
 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:
     *HB0060S06*
      6th Sub. (Ivory) H.B. 60                                                03-01-22 2:13 PM
        < 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;
        < prohibits a governmental entity from requiring an individual to receive a vaccine;
        < requires an employer to exempt an employee or a prospective employee from a
 vaccine requirement if the employee or prospective employee submits a primary
 care provider's note stating that the employee or prospective employee was
 previously infected with the disease or condition;
        < amends provisions related to recordkeeping;
        < amends scope of provisions;
        < prohibits an employer from keeping or maintaining a record or copy of an
 employee's test results, except as otherwise required by law; and
        < makes technical and conforming changes.
 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 2021, Chapters 13, 50, 64, 163, 182, 234,
 and 417
 ENACTS:
        13-7-5, Utah Code Annotated 1953
        26-68-103, Utah Code Annotated 1953
        34-56-102, Utah Code Annotated 1953
        34-56-201, Utah Code Annotated 1953
 RENUMBERS AND AMENDS:
        34-56-101, (Renumbered from 26-68-201, as enacted by Laws of Utah 2021, Second
 Special Session, Chapter 9)
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 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
58
 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
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 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) an academic medical center; or
        (B) 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 a degree-granting institution of higher 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 recommendation by a governmental entity that an employee receive a vaccine;
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       03-01-22 2:13 PM                                                    6th Sub. (Ivory) H.B. 60
        (f) a contract for goods or services entered into before May 4, 2022, 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;
        (g) a federal contractor; or
        (h) a governmental entity, as defined in Section 63D-2-102, with respect to an
 employee of the governmental entity if:
        (i) (A) the employee 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
        (B) the employee is acting in a public health or medical setting and required to receive
 vaccinations in order to perform the employee's assigned duties and responsibilities; and
        (ii) the governmental entity allows 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.
        Section 3. Section 34-56-101, which is renumbered from Section 26-68-201 is
 renumbered and amended to read:
                CHAPTER 56. WORKPLACE HEALTH STATUS PROVISIONS
                                         Part 1. General Provisions
        [26-68-201].            34-56-101. Definitions.
        [(1)] As used in this [section] chapter:
        [(a) (i)] (1) (a) "Adverse action" means:
        (i) 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[.];
 or
        (ii) a governmental entity separating an employee from another employee solely
 because of the vaccination status of the employee.
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        6th Sub. (Ivory) H.B. 60                                                     03-01-22 2:13 PM
         [(ii)] (b) "Adverse action" does not include[: (A)] an employer's reassignment of an
 employee[; or], if the employee's vaccination status is not the only reason for the reassignment.
         [(B) the termination of an employee, if reassignment of the employee is not practical.]
         [(b) "COVID-19 vaccine" means a substance that is:]
         [(i) (A) approved for use by the United States Food and Drug Administration; or]
         [(B) 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.]
         [(c)] (2) "Employee" means an individual suffered or permitted to work by an
 employer.
         [(d) (i)] (3) (a) Except as provided in Subsection [(1)(d)(ii)] (3)(c), "employer" means
 the same as that term is defined in Section 34A-6-103.
         (b) Except as provided in Subsection (3)(c), "employer" includes a federal contractor.
         [(ii)] (c) "Employer" does not include:
         [(A)] (i) a person that is subject to a regulation by the Centers for Medicare and
 Medicaid Services regarding a [COVID-19 vaccine, unless the person is the state or a political
 subdivision of the state that is not an academic medical center] vaccine, during the period that
 the regulation is in effect; or
         [(B) a federal contractor.]
         (ii) a health care provider, as defined in Section 78B-3-403, that is a participating
 provider for the Centers for Medicare and Medicaid Services.
         (4) "Governmental entity" means the same as that term is defined in Section
 63D-2-102.
         (5) "Nurse practitioner" means an individual who is licensed to practice as an advanced
 practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
         (6) "Physician" means an individual licensed to practice as a physician or osteopath
 under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
 Osteopathic Medical Practice Act.
         (7) "Physician assistant" means an individual who is licensed to practice as a physician
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        03-01-22 2:13 PM                                                    6th Sub. (Ivory) H.B. 60
 assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
         (8) "Primary care provider" means a nurse practitioner, physician, or physician
 assistant.
         (9) "Vaccination status" means an indication of whether an individual has received one
 or more doses of a vaccine.
         [(e)] (10) "Workplace" means the same as that term is defined in Section 34A-6-103.
         [(2) Except as provided in Subsection (6), 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 (6), 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 (6), 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) An employer may not keep or maintain a record or copy of an employee's proof
 of vaccination, unless:]
         [(i) otherwise required by law;]
         [(ii) an established business practice or industry standard requires otherwise; or]
         [(iii) the provisions of this section do not apply as described in Subsection (6)(a).]
         [(b) Subsection (5)(a) does not prohibit an employer from recording whether an
 employee is vaccinated.]
         [(6) (a) The provisions of this section do not apply to a contract for goods or services
 entered into before November 5, 2021, unless the contract is between an employer and the
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        6th Sub. (Ivory) H.B. 60                                                    03-01-22 2:13 PM
 employer's employee.]
        [(b) An employer may require an employee or prospective employee to receive or show
 proof that the employee or prospective employee has received a COVID-19 vaccination
 without providing the relief described in Subsection (2), if the employer:]
        [(i) employs fewer than 15 employees; and]
        [(ii) establishes a nexus between the requirement and the employee's assigned duties
 and responsibilities.]
        Section 4. Section 34-56-102 is enacted to read:
        34-56-102. Scope.
        If a requirement imposed on an employer under this chapter substantially impairs the
 fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the
 requirement does not apply to the employer with respect to that contract.
        Section 5. Section 34-56-201 is enacted to read:
                          Part 2. Vaccinations, Recordkeeping, and Testing
        34-56-201. Employee vaccination, recordkeeping, and testing provisions.
        (1) (a) Except as provided in Subsection (1)(b), an employer who requires an employee
 or prospective employee to receive or show proof that the employee or prospective employee
 has received a vaccine shall exempt the employee or prospective employee from the
 requirement if the employee or prospective employee submits to the employer:
        (i) a statement that receiving a 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; or
        (ii) a letter from the employee or prospective employee's primary care provider stating
 that the employee or prospective employee was previously infected by the infectious agent or
 disease.
        (b) An employer may require an employee or prospective employee to receive or show
 proof that the employee or prospective employee has received a vaccine without providing an
 exemption described in Subsection (1)(a), if:
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        (i) (A) the employer establishes a nexus between the requirement and the emp