1     
VACCINE PASSPORT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Walt Brooks

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill enacts requirements regarding the use of an individual's immunity status.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     makes it unlawful for a place of public accommodation to discriminate against an
14     individual based on the individual's immunity status;
15          ▸     with certain exceptions, prohibits a governmental entity from requiring proof of
16     immunity status;
17          ▸     with certain exceptions, makes it unlawful discrimination for an employer to require
18     proof of immunity status; and
19          ▸     prohibits a governmental entity or employer from requiring an individual to receive
20     a vaccine if the vaccine is authorized for emergency use or undergoing safety trials.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          13-7-1, as last amended by Laws of Utah 2018, Chapter 130

28          13-7-2, as last amended by Laws of Utah 2018, Chapter 130
29          13-7-3, as last amended by Laws of Utah 2018, Chapter 130
30          26-68-101, as enacted by Laws of Utah 2021, Chapter 182
31          63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
32     and 417
33     ENACTS:
34          26-68-103, Utah Code Annotated 1953
35          34A-5-113, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 13-7-1 is amended to read:
39          13-7-1. Policy and purposes of act.
40          It is hereby declared that the practice of discrimination on the basis of race, color, sex,
41     pregnancy, religion, ancestry, immunity status, or national origin in business establishments or
42     places of public accommodation or in enterprises regulated by the state endangers the health,
43     safety, and general welfare of this state and its inhabitants; and that such discrimination in
44     business establishments or places of public accommodation or in enterprises regulated by the
45     state, violates the public policy of this state. It is the purpose of this act to assure all citizens
46     full and equal availability of all goods, services and facilities offered by business
47     establishments and places of public accommodation and enterprises regulated by the state
48     without discrimination because of race, color, sex, pregnancy, religion, ancestry, immunity
49     status, or national origin. The rules of common law that statutes in derogation thereof shall be
50     strictly construed has no application to this act. This act shall be liberally construed with a
51     view to promote the policy and purposes of the act and to promote justice. The remedies
52     provided herein are not exclusive but are in addition to any other remedies available at law or
53     equity.
54          Section 2. Section 13-7-2 is amended to read:
55          13-7-2. Definitions.
56          As used in this chapter:
57          (1) "Enterprise regulated by the state" means:
58          (a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;

59          (b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
60     Alcoholic Beverage Control Act;
61          (c) an insurer regulated by Title 31A, Insurance Code; and
62          (d) a public utility subject to regulation under Title 54, Public Utilities.
63          (2) "Immunity status" means an indication of whether an individual is immune to a
64     disease, whether through vaccination or infection and recovery.
65          [(2)] (3) "Person" includes an individual, partnership, association, organization,
66     corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver , and other
67     organized groups of persons.
68          [(3)] (4) (a) "Place of public accommodation" includes:
69          (i) every place, establishment, or facility of whatever kind, nature, or class that caters
70     or offers services, facilities, or goods to the general public for a fee or charge, except, an
71     establishment that is:
72          (A) located within a building that contains not more than five rooms for rent or hire;
73     and
74          (B) actually occupied by the proprietor of the establishment as the proprietor's
75     residence; and
76          (ii) a place, establishment, or facility that caters or offers services, facilities, or goods
77     to the general public gratuitously if the place, establishment, or facility receives any substantial
78     governmental subsidy or support.
79          (b) "Place of public accommodation" does not include an institution, church, apartment
80     house, club, or place of accommodation that is in nature distinctly private except to the extent
81     that the institution, church, apartment house, club, or place of accommodation is open to the
82     public.
83          [(4)] (5) "Pregnancy" includes pregnancy or a pregnancy-related condition.
84          [(5)] (6) "Pregnancy-related condition" includes breastfeeding, lactation, or a medical
85     condition related to breastfeeding.
86          Section 3. Section 13-7-3 is amended to read:
87          13-7-3. Equal right in business establishments, places of public accommodation,
88     and enterprises regulated by the state.
89          All persons within the jurisdiction of this state are free and equal and are entitled to full

90     and equal accommodations, advantages, facilities, privileges, goods and services in all business
91     establishments and in all places of public accommodation, and by all enterprises regulated by
92     the state of every kind whatsoever, without discrimination on the basis of race, color, sex,
93     pregnancy, religion, immunity status, ancestry, or national origin. Nothing in this act shall be
94     construed to deny any person the right to regulate the operation of a business establishment or
95     place of public accommodation or an enterprise regulated by the state in a manner which
96     applies uniformly to all persons without regard to race, color, sex, pregnancy, religion,
97     ancestry, immunity status, or national origin; or to deny any religious organization the right to
98     regulate the operation and procedures of [its] the religious organization's establishments.
99          Section 4. Section 26-68-101 is amended to read:
100     
CHAPTER 68. COVID-19 VACCINE AND IMMUNITY

101     
PASSPORT RESTRICTIONS ACT

102          26-68-101. Title.
103          This chapter is known as the "COVID-19 Vaccine and Immunity Passport Restrictions
104     Act."
105          Section 5. Section 26-68-103 is enacted to read:
106          26-68-103. Prohibition on requiring immunity passports.
107          (1) As used in this section:
108          (a) "Governmental entity" means the same as that term is defined in Section
109     63D-2-102.
110          (b) "Health care facility" means the same as that term is defined in Section 26-21-2.
111          (c) "Immunity passport" means a document, digital record, or software application
112     indicating that an individual is immune to a disease, whether through vaccination or infection
113     and recovery.
114          (d) "Vaccination status" means an indication of whether an individual has received one
115     or more doses of a vaccine.
116          (2) A governmental entity may not refuse, withhold from, or deny to an individual any
117     local or state service, good, facility, advantage, privilege, license, educational opportunity,
118     health care access, or employment opportunity based on the individual's vaccination status,
119     including whether the individual has an immunity passport.
120          (3) Subsection (2) does not apply to:

121          (a) a vaccination requirement by a degree-granting institution of higher education, if
122     the vaccination requirement is implemented in accordance with Section 53B-2-113;
123          (b) a school or a child care program as defined in Section 26-39-102 if the vaccination
124     requirement is implemented in accordance with applicable provisions of state and federal law;
125          (c) a licensed nursing home, long-term care facility, or assisted living facility if
126     compliance with Subsection (2) would result in a violation of regulations or guidance issued by
127     the Centers for Medicare and Medicaid Services or the United States Centers for Disease
128     Control and Prevention;
129          (d) a recommendation by a governmental entity that an employee receive a vaccine; or
130          (e) a health care facility that asks an employee to volunteer the employee's vaccination
131     status for the purpose of determining whether the health care facility should implement
132     reasonable accommodation measures to protect the health and safety of employees, patients,
133     visitors, and other persons from communicable diseases if the health care facility:
134          (i) asks an employee to volunteer the employee's vaccination or immunization status
135     for the purpose of determining whether the health care facility should implement reasonable
136     accommodation measures to protect the safety and health of employees, patients, visitors, and
137     other persons from communicable diseases; and
138          (ii) implements reasonable accommodation measures for employees, patients, visitors,
139     and other individuals who are not vaccinated or not immune to protect the safety and health of
140     employees, patients, visitors, and other individuals from communicable diseases.
141          (4) For purposes of determining whether reasonable accommodation measures should
142     be implemented, a health care facility may consider an employee to be nonvaccinated or
143     nonimmune if the employee declines to provide the employee's vaccination status to the health
144     care facility.
145          (5) A governmental entity may not require any individual, directly or indirectly, to
146     receive any vaccine:
147          (a) that is authorized for use under an emergency use authorization under 21 U.S.C.
148     Sec. 360bbb-3; or
149          (b) undergoing safety trials.
150          Section 6. Section 34A-5-113 is enacted to read:
151          34A-5-113. Prohibition on requiring immunity passports.

152          (1) As used in this section:
153          (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
154          (b) "Immunity passport" means a document, digital record, or software application
155     indicating that an individual is immune to a disease, whether through vaccination or infection
156     and recovery.
157          (c) "School" means the same as that term is defined in Section 53G-9-301.
158          (d) "Vaccination status" means an indication of whether an individual has received one
159     or more doses of a vaccine.
160          (2) It is a discriminatory or prohibited employment practice for an employer, on the
161     basis of an individual's vaccination status or whether the individual has an immunity passport,
162     to:
163          (a) refuse employment to an individual;
164          (b) bar an individual from employment; or
165          (c) discriminate against an individual in compensation or in a term, condition, or
166     privilege of employment.
167          (3) Subsection (2) does not apply to:
168          (a) a vaccination requirement by a school if the vaccination requirement is
169     implemented in accordance with Title 53G, Chapter 9, Part 3, Immunization Requirements;
170          (b) a vaccination requirement by a child care program as defined in Section 26-39-102
171     if the vaccination requirement is implemented in accordance with applicable provisions of state
172     and federal law;
173          (c) a licensed nursing home, long-term care facility, or assisted living facility if
174     compliance with Subsection (2) would result in a violation of regulations or guidance issued by
175     the Centers for Medicare and Medicaid Services or the United States Centers for Disease
176     Control and Prevention;
177          (d) a recommendation by an employer that an employee receive a vaccine; or
178          (e) a health care facility that asks an employee to volunteer the employee's vaccination
179     status for the purpose of determining whether the health care facility should implement
180     reasonable accommodation measures to protect the health and safety of employees, patients,
181     visitors, and other persons from communicable diseases if the health care facility:
182          (i) asks an employee to volunteer the employee's vaccination or immunization status

183     for the purpose of determining whether the health care facility should implement reasonable
184     accommodation measures to protect the safety and health of employees, patients, visitors, and
185     other persons from communicable diseases; and
186          (ii) implements reasonable accommodation measures for employees, patients, visitors,
187     and other individuals who are not vaccinated or not immune to protect the safety and health of
188     employees, patients, visitors, and other individuals from communicable diseases.
189          (4) An employer may not require any individual, directly or indirectly, to receive any
190     vaccine:
191          (a) that is authorized for use under an emergency use authorization under 21 U.S.C.
192     Sec. 360bbb-3; or
193          (b) undergoing safety trials.
194          Section 7. Section 63I-1-226 is amended to read:
195          63I-1-226. Repeal dates, Title 26.
196          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
197     Committee, is repealed July 1, 2024.
198          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
199     July 1, 2025.
200          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
201     1, 2025.
202          (4) Section 26-1-40 is repealed July 1, 2022.
203          (5) Section 26-1-41 is repealed July 1, 2026.
204          (6) Section 26-7-10 is repealed July 1, 2025.
205          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
206     2028.
207          (8) Section 26-7-14 is repealed December 31, 2027.
208          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
209     1, 2025.
210          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
211     is repealed July 1, 2026.
212          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
213     July 1, 2025.

214          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
215     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
216          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
217     repealed July 1, 2028.
218          (14) Section 26-18-27 is repealed July 1, 2025.
219          (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
220     2027.
221          (16) Subsection 26-18-418(2), the language that states "and the Behavioral Health
222     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
223          (17) Section 26-33a-117 is repealed on December 31, 2023.
224          (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
225          (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
226     2024.
227          (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
228     July 1, 2024.
229          (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
230          (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
231     Committee, is repealed July 1, 2024.
232          (23) Section 26-40-104, which creates the Utah Children's Health Insurance Program
233     Advisory Council, is repealed July 1, 2025.
234          (24) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
235     Committee, is repealed July 1, 2025.
236          (25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
237     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
238          (26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
239     July 1, 2026.
240          (27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
241     2026.
242          (28) [Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act,] Section 26-68-102 is
243     repealed July 1, 2024.