Senator Lincoln Fillmore proposes the following substitute bill:


1     
VACCINE PASSPORT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Walt Brooks

5     
Senate Sponsor: Michael S. Kennedy

6     Cosponsors:
7     Nelson T. Abbott
8     Cheryl K. Acton
9     Carl R. Albrecht
10     Kera Birkeland
11     Brady Brammer
12     Jefferson S. Burton
13     Kay J. Christofferson
14     Joel Ferry
15     Jon Hawkins
16     Ken Ivory
Dan N. Johnson
Marsha Judkins
Michael L. Kohler
Karianne Lisonbee
Steven J. Lund
Phil Lyman
A. Cory Maloy
Jefferson Moss
Calvin R. Musselman
Michael J. Petersen
Val L. Peterson
Adam Robertson
Judy Weeks Rohner
Douglas V. Sagers
Mike Schultz
Travis M. Seegmiller
Rex P. Shipp
V. Lowry Snow
Keven J. Stratton
Mark A. Strong
Christine F. Watkins
Stephen L. Whyte
17     

18     LONG TITLE
19     General Description:
20          This bill enacts a prohibition on the use of an individual's immunity status by places of
21     public accommodation, governmental entities, and employers.
22     Highlighted Provisions:
23          This bill:
24          ▸     makes it unlawful for a place of public accommodation to discriminate against an
25     individual based on the individual's immunity status;
26          ▸     with certain exceptions, prohibits a governmental entity from requiring proof of
27     immunity status;
28          ▸     prohibits a governmental entity from requiring an individual to receive a vaccine;
29          ▸     requires an employer to exempt an employee or a prospective employee from a
30     vaccine requirement if the employee or prospective employee submits a primary
31     care provider's note stating that the employee or prospective employee was
32     previously infected with the disease or condition;
33          ▸     amends provisions related to recordkeeping;
34          ▸     amends scope of provisions;
35          ▸     prohibits an employer from keeping or maintaining a record or copy of an
36     employee's test results, except as otherwise required by law; and
37          ▸     makes technical and conforming changes.
38     Money Appropriated in this Bill:
39          None
40     Other Special Clauses:
41          None
42     Utah Code Sections Affected:
43     AMENDS:
44          63D-2-102, as last amended by Laws of Utah 2021, Chapter 345
45          63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
46     and 417
47     ENACTS:
48          13-7-5, Utah Code Annotated 1953
49          26-68-103, Utah Code Annotated 1953
50          34-56-102, Utah Code Annotated 1953
51          34-56-201, Utah Code Annotated 1953
52     RENUMBERS AND AMENDS:
53          34-56-101, (Renumbered from 26-68-201, as enacted by Laws of Utah 2021, Second
54     Special Session, Chapter 9)
55     REPEALS:
56          26-68-101, as enacted by Laws of Utah 2021, Chapter 182
57          26-68-102, as enacted by Laws of Utah 2021, Chapter 182
58     

59     Be it enacted by the Legislature of the state of Utah:
60          Section 1. Section 13-7-5 is enacted to read:
61          13-7-5. Equal right in business establishments, places of public accommodation,
62     and enterprises regulated by the state based on immunity status.
63          (1) As used in this section, "immunity status" means an indication of whether an
64     individual is immune to a disease, whether through vaccination or infection and recovery.
65          (2) All persons within the jurisdiction of this state are free and equal and are entitled to
66     full and equal accommodations, advantages, facilities, privileges, goods, and services in all
67     business establishments and in all places of public accommodation, and by all enterprises
68     regulated by the state of every kind whatsoever, without discrimination on the basis of
69     immunity status.
70          (3) Nothing in this section shall be construed to deny any person the right to regulate
71     the operation of a business establishment or place of public accommodation or an enterprise
72     regulated by the state in a manner which applies uniformly to all persons without regard to
73     immunity status, or to deny any religious organization the right to regulate the operation and
74     procedures of the religious organization's establishments.
75          (4) (a) The provisions in Section 13-7-4 shall apply to enforcement and violations of
76     this section.
77          (b) Upon application to the attorney general by any person denied the rights guaranteed
78     by this section, the attorney general shall investigate and seek to conciliate the matter.
79          Section 2. Section 26-68-103 is enacted to read:
80     
CHAPTER 68. VACCINE AND IMMUNITY

81     
PASSPORT RESTRICTIONS ACT

82          26-68-103. Prohibition on requiring immunity passports or vaccination --
83     Exceptions.
84          (1) As used in this section:
85          (a) "Governmental entity" means the same as that term is defined in Section
86     63D-2-102.
87          (b) "Immunity passport" means a document, digital record, or software application
88     indicating that an individual is immune to a disease, whether through vaccination or infection
89     and recovery.
90          (c) "Regulated entity" means an employer, as defined in Section 34A-6-103, that is
91     subject to a regulation by the Centers for Medicare and Medicaid Services regarding a vaccine,
92     unless the employer is:
93          (i) the state or a political subdivision of the state; and
94          (ii) not:
95          (A) an academic medical center; or
96          (B) a health care facility as defined in Section 26-21-2.
97          (d) "Vaccination status" means an indication of whether an individual has received one
98     or more doses of a vaccine.
99          (2) A governmental entity may not:
100          (a) refuse, withhold from, or deny to an individual any local or state service, good,
101     facility, advantage, privilege, license, educational opportunity, health care access, or
102     employment opportunity based on the individual's vaccination status, including whether the
103     individual has an immunity passport; or
104          (b) require any individual, directly or indirectly, to receive a vaccine.
105          (3) Subsection (2) does not apply to:
106          (a) a vaccination requirement by a degree-granting institution of higher education, if
107     the vaccination requirement is implemented in accordance with Section 53B-2-113;
108          (b) a vaccination requirement by a school if the vaccination requirement is
109     implemented in accordance with Title 53G, Chapter 9, Part 3, Immunization Requirements;
110          (c) a child care program as defined in Section 26-39-102 if the vaccination requirement
111     is implemented in accordance with applicable provisions of state and federal law;
112          (d) a regulated entity if compliance with Subsection (2) would result in a violation of
113     binding, mandatory regulations or requirements that affect the regulated entity's funding issued
114     by the Centers for Medicare and Medicaid Services or the United States Centers for Disease
115     Control and Prevention;
116          (e) a recommendation by a governmental entity that an employee receive a vaccine;
117          (f) a contract for goods or services entered into before May 4, 2022, if:
118          (i) application of this section would result in a substantial impairment of the contract;
119     and
120          (ii) the contract is not between an employer and the employer's employee;
121          (g) a federal contractor; or
122          (h) a governmental entity, as defined in Section 63D-2-102, with respect to an
123     employee of the governmental entity if:
124          (i) (A) the employee has, as part of the employee's duties, direct exposure to human
125     blood, human fecal matter, or other potentially infectious materials that may expose the
126     employee to hepatitis or tuberculosis; or
127          (B) the employee is acting in a public health or medical setting and required to receive
128     vaccinations in order to perform the employee's assigned duties and responsibilities; and
129          (ii) the governmental entity allows the employee to decline vaccination if the employee
130     submits to the governmental entity a written statement that receiving the vaccine would:
131          (A) be injurious to the health and well-being of the employee;
132          (B) conflict with a sincerely held religious belief, practice, or observance of the
133     employee; or
134          (C) conflict with a sincerely held personal belief of the employee.
135          Section 3. Section 34-56-101, which is renumbered from Section 26-68-201 is
136     renumbered and amended to read:
137     
CHAPTER 56. WORKPLACE HEALTH STATUS PROVISIONS

138     
Part 1. General Provisions

139          [26-68-201].      34-56-101. Definitions.
140          [(1)] As used in this [section] chapter:
141          [(a) (i)] (1) (a) "Adverse action" means:
142          (i) an action that results in:
143          (A) the refusal to hire a potential employee; or
144          (B) the termination of employment, demotion, or reduction of wages of an employee[.];
145     or
146          (ii) a governmental entity separating an employee from another employee solely
147     because of the vaccination status of the employee.
148          [(ii)] (b) "Adverse action" does not include[: (A)] an employer's reassignment of an
149     employee[; or], if the employee's vaccination status is not the only reason for the reassignment.
150          [(B) the termination of an employee, if reassignment of the employee is not practical.]
151          [(b) "COVID-19 vaccine" means a substance that is:]
152          [(i) (A) approved for use by the United States Food and Drug Administration; or]
153          [(B) authorized for use by the United States Food and Drug Administration under an
154     emergency use authorization under 21 U.S.C. Sec. 360bbb-3;]
155          [(ii) injected into or otherwise administered to an individual; and]
156          [(iii) intended to immunize an individual against COVID-19 as defined in Section
157     78B-4-517.]
158          [(c)] (2) "Employee" means an individual suffered or permitted to work by an
159     employer.
160          [(d) (i)] (3) (a) Except as provided in Subsection [(1)(d)(ii)] (3)(c), "employer" means
161     the same as that term is defined in Section 34A-6-103.
162          (b) Except as provided in Subsection (3)(c), "employer" includes a federal contractor.
163          [(ii)] (c) "Employer" does not include:
164          [(A)] (i) a person that is subject to a regulation by the Centers for Medicare and
165     Medicaid Services regarding a [COVID-19 vaccine, unless the person is the state or a political
166     subdivision of the state that is not an academic medical center] vaccine, during the period that
167     the regulation is in effect; or
168          [(B) a federal contractor.]
169          (ii) a health care provider, as defined in Section 78B-3-403, that is a participating
170     provider for the Centers for Medicare and Medicaid Services.
171          (4) "Governmental entity" means the same as that term is defined in Section
172     63D-2-102.
173          (5) "Nurse practitioner" means an individual who is licensed to practice as an advanced
174     practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
175          (6) "Physician" means an individual licensed to practice as a physician or osteopath
176     under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
177     Osteopathic Medical Practice Act.
178          (7) "Physician assistant" means an individual who is licensed to practice as a physician
179     assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
180          (8) "Primary care provider" means a nurse practitioner, physician, or physician
181     assistant.
182          (9) "Vaccination status" means an indication of whether an individual has received one
183     or more doses of a vaccine.
184          [(e)] (10) "Workplace" means the same as that term is defined in Section 34A-6-103.
185          [(2) Except as provided in Subsection (6), an employer who requires an employee or
186     prospective employee to receive or show proof that the employee or prospective employee has
187     received a COVID-19 vaccine shall relieve the employee or prospective employee of the
188     requirement if the employee or prospective employee submits to the employer]
189           [a statement that receiving a COVID-19 vaccine would:]
190          [(a) be injurious to the health and well-being of the employee or prospective
191     employee;]
192          [(b) conflict with a sincerely held religious belief, practice, or observance of the
193     employee or prospective employee; or]
194          [(c) conflict with a sincerely held personal belief of the employee or prospective
195     employee.]
196          [(3) Except as provided in Subsection (6), an employer shall pay for all COVID-19
197     testing an employee receives in relation to or as a condition of the employee's presence at the
198     workplace.]
199          [(4) Except as provided in Subsection (6), an employer may not take an adverse action
200     against an employee because of an act the employee makes in accordance with this section.]
201          [(5) (a) An employer may not keep or maintain a record or copy of an employee's proof
202     of vaccination, unless:]
203          [(i) otherwise required by law;]
204          [(ii) an established business practice or industry standard requires otherwise; or]
205          [(iii) the provisions of this section do not apply as described in Subsection (6)(a).]
206          [(b) Subsection (5)(a) does not prohibit an employer from recording whether an
207     employee is vaccinated.]
208          [(6) (a) The provisions of this section do not apply to a contract for goods or services
209     entered into before November 5, 2021, unless the contract is between an employer and the
210     employer's employee.]
211          [(b) An employer may require an employee or prospective employee to receive or show
212     proof that the employee or prospective employee has received a COVID-19 vaccination
213     without providing the relief described in Subsection (2), if the employer:]
214          [(i) employs fewer than 15 employees; and]
215          [(ii) establishes a nexus between the requirement and the employee's assigned duties
216     and responsibilities.]
217          Section 4. Section 34-56-102 is enacted to read:
218          34-56-102. Scope.
219          If a requirement imposed on an employer under this chapter substantially impairs the
220     fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the
221     requirement does not apply to the employer with respect to that contract.
222          Section 5. Section 34-56-201 is enacted to read:
223     
Part 2. Vaccinations, Recordkeeping, and Testing

224          34-56-201. Employee vaccination, recordkeeping, and testing provisions.
225          (1) (a) Except as provided in Subsection (1)(b), an employer who requires an employee
226     or prospective employee to receive or show proof that the employee or prospective employee
227     has received a vaccine shall exempt the employee or prospective employee from the
228     requirement if the employee or prospective employee submits to the employer:
229          (i) a statement that receiving a vaccine would:
230          (A) be injurious to the health and well-being of the employee or prospective employee;
231          (B) conflict with a sincerely held religious belief, practice, or observance of the
232     employee or prospective employee; or
233          (C) conflict with a sincerely held personal belief of the employee or prospective
234     employee; or
235          (ii) a letter from the employee or prospective employee's primary care provider stating
236     that the employee or prospective employee was previously infected by the infectious agent or
237     disease.
238          (b) An employer may require an employee or prospective employee to receive or show
239     proof that the employee or prospective employee has received a vaccine without providing an
240     exemption described in Subsection (1)(a), if:
241          (i) (A) the employer establishes a nexus between the requirement and the employee's
242     assigned duties and responsibilities; or
243          (B) the employer identifies an external requirement for vaccination that is not imposed
244     by the employer and is related to the employee's duties and responsibilities; and
245          (ii) reassignment of the employee is not practical.
246          (c) (i) An employer may not keep or maintain a record or copy of an employee's proof
247     of vaccination, unless otherwise required:
248          (A) by law; or
249          (B) under an established business practice or industry standard.
250          (ii) Subsection (1)(c)(i) does not prohibit an employer from verbally asking an
251     employee to voluntarily disclose whether the employee is vaccinated.
252          (2) (a) An employer shall pay for all testing of an employee for a disease or condition if
253     the employee is required to receive the testing in relation to or as a condition of the employee's
254     presence at the workplace.
255          (b) An employer may not keep or maintain a record or copy of an employee's test
256     results under Subsection (2)(a), unless otherwise required by law.
257          (3) An employer may not take an adverse action against an employee because of an act
258     the employee makes in accordance with this chapter.
259          Section 6. Section 63D-2-102 is amended to read:
260          63D-2-102. Definitions.
261          As used in this chapter:
262          (1) (a) "Collect" means the gathering of personally identifiable information:
263          (i) from a user of a governmental website; or
264          (ii) about a user of the governmental website.
265          (b) "Collect" includes use of any identifying code linked to a user of a governmental
266     website.
267          (2) "Court website" means a website on the Internet that is operated by or on behalf of
268     any court created in Title 78A, Chapter 1, Judiciary.
269          (3) "Governmental entity" means:
270          (a) an executive branch agency as defined in Section 63A-16-102;
271          (b) the legislative branch;
272          (c) the judicial branch;
273          (d) the State Board of Education;
274          (e) the Utah Board of Higher Education;
275          (f) an institution of higher education as defined in Section 53B-1-102; and
276          (g) a political subdivision of the state:
277          (i) as defined in Section 17B-1-102; and
278          (ii) including a school district.
279          (4) (a) "Governmental website" means a website on the Internet that is operated by or
280     on behalf of a governmental entity.
281          (b) "Governmental website" includes a court website.
282          (5) "Governmental website operator" means a governmental entity or person acting on
283     behalf of the governmental entity that:
284          (a) operates a governmental website; and
285          (b) collects or maintains personally identifiable information from or about a user of
286     that website.
287          (6) "Personally identifiable information" means information that identifies:
288          (a) a user by:
289          (i) name;
290          (ii) account number;
291          (iii) physical address;
292          (iv) email address;
293          (v) telephone number;
294          (vi) Social Security number;
295          (vii) credit card information; or
296          (viii) bank account information;
297          (b) a user as having requested or obtained specific materials or services from a
298     governmental website;
299          (c) Internet sites visited by a user; or
300          (d) any of the contents of a user's data-storage device.
301          (7) "User" means a person who accesses a governmental website.
302          Section 7. Section 63I-1-226 is amended to read:
303          63I-1-226. Repeal dates, Title 26.
304          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
305     Committee, is repealed July 1, 2024.
306          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
307     July 1, 2025.
308          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
309     1, 2025.
310          (4) Section 26-1-40 is repealed July 1, 2022.
311          (5) Section 26-1-41 is repealed July 1, 2026.
312          (6) Section 26-7-10 is repealed July 1, 2025.
313          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
314     2028.
315          (8) Section 26-7-14 is repealed December 31, 2027.
316          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
317     1, 2025.
318          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
319     is repealed July 1, 2026.
320          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
321     July 1, 2025.
322          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
323     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
324          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
325     repealed July 1, 2028.
326          (14) Section 26-18-27 is repealed July 1, 2025.
327          (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
328     2027.
329          (16) Subsection 26-18-418(2), the language that states "and the Behavioral Health
330     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
331          (17) Section 26-33a-117 is repealed on December 31, 2023.
332          (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
333          (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
334     2024.
335          (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
336     July 1, 2024.
337          (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
338          (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
339     Committee, is repealed July 1, 2024.
340          (23) Section 26-40-104, which creates the Utah Children's Health Insurance Program
341     Advisory Council, is repealed July 1, 2025.
342          (24) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
343     Committee, is repealed July 1, 2025.
344          (25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
345     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
346          (26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
347     July 1, 2026.
348          (27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
349     2026.
350          [(28) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
351     2024.]
352          Section 8. Repealer.
353          This bill repeals:
354          Section 26-68-101, Title.
355          Section 26-68-102, Governmental entities prohibited from requiring a COVID-19
356     vaccine.