Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 131
                            VACCINE PASSPORT PROHIBITION
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                                 Chief Sponsor: Walt Brooks
                             Senate Sponsor: Michael S. Kennedy
 Cosponsors:                         Jon Hawkins Michael J. Petersen
 Cheryl K. Acton Ken Ivory Thomas W. Peterson
 Carl R. Albrecht Colin W. Jack Mike Schultz
 Stewart E. Barlow Dan N. Johnson Rex P. Shipp
 Kera Birkeland Michael L. Kohler Keven J. Stratton
 Bridger Bolinder Quinn Kotter Mark A. Strong
 Brady Brammer Jason B. Kyle Jordan D. Teuscher
 Jefferson S. Burton Trevor Lee Christine F. Watkins
 Kay J. Christofferson Karianne Lisonbee Stephen L. Whyte
 Tyler Clancy Steven J. Lund Brad R. Wilson
 Joseph Elison Phil Lyman
 Stephanie Gricius                   A. Cory Maloy
 Katy Hall Jefferson Moss
19
 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;
       H.B. 131                                                                   Enrolled Copy
        < 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
51
 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 regardless of immunity status.
        (1) As used in this section, "immunity status" means an indication of whether an
                                                     -2-
       Enrolled Copy                                                                              H.B. 131
 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:
                                                      -3-
        H.B. 131                                                                         Enrolled Copy
        (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 an 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 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;
        (g) a governmental entity vaccination requirement of an employee who, as determined
 by the governmental entity:
                                                       -4-
        Enrolled Copy                                                                           H.B. 131
         (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; or
         (h) a governmental entity that:
         (i) establishes a nexus between a vaccination requirement and the employee's assigned
 duties and responsibilities; or
         (ii) identifies an external requirement for vaccination that is not imposed by the
 governmental entity and is related to the employee's duties and responsibilities.
         (4) Nothing in this section prohibits a governmental entity from recommending that 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:
                                                        -5-
        H.B. 131                                                                         Enrolled Copy
        (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 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; or
                                                       -6-
        Enrolled Copy                                                                         H.B. 131
        (f) an employer that:
        (i) establishes a nexus between a vaccination requirement and the employee's assigned
 duties and responsibilities; or
        (ii) identifies an external requirement for vaccination that is not imposed by the
 employer and is related to the employee's duties and responsibilities.
        (4) Nothing in this section prohibits an employer from recommending that an 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
                                                         -7-
        H.B. 131                                                                     Enrolled Copy
 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.
                                                        -8-
        Enrolled Copy                                                                         H.B. 131
         (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.
                                                      -9-
        H.B. 131                                                                       Enrolled Copy
          (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.
262