ST. GEORGE — In a hearing that started out contentiously, a Utah Senate committee advanced a bill Tuesday on vaccine requirements that had previously passed the Utah House, but removed language that would have made it a civil rights violation for businesses and many government entities to requiring employees to divulge immunization status.
Instead, the bill, HB 60 Vaccine Passport Amendments, no longer bans businesses and entities from requiring employees to divulge immunization status. Instead, it requires them to exempt an employee or a prospective employee from a vaccine requirement with a primary care provider’s note.
The bill still prohibits businesses from discriminating against customers based on their immunity status.
The committee ended up substituting the bill by Rep. Walt Brooks, R-St. George, with another by committee member Sen. Lincoln Fillmore, R-Salt Lake County, that removed much of the language pertaining to employer-employee relationships.
The hearing at a conference room of the State Capitol started with McCay telling those in attendance at the hearing to refrain from loud displays, signs or stickers in support or against the bill.
The hearing was then delayed as McCay asked those he felt were in violation to be escorted out by Utah Highway Patrol officers. One attendee wearing a blue shirt with the words “we the people” on it yelled back at McCay as he was being ejected from the room, to which McCay responded, “Don’t compare yourself to George Washington.”
In his opening statement, Brooks then said he wanted to speak about people not being allowed signs or stickers.
“Do not test the chair,” McCay said. “Representative, keep your comments germane to the bill.”
Brooks told St. George News he felt the person wearing the shirt should not have been removed.
“I was expressing my disappointment with the removal of a person with a shirt that was not advocation for or against a bill,” Brooks said. “I was pointing out our rules do not apply to a shirt that was nothing more than a patriotic shirt supporting the Constitution.”
During the hearing – which started with the committee chairman, Sen. Daniel McCay, R-Salt Lake County, admonishing Brooks and ejecting some attendees – Brooks objected to the substitute bill, calling it “unfriendly” and being introduced without a chance for him to read it.
However, following the hearing, Brooks told St. George News that after getting a chance to read the substitute bill, he’s mostly happy with it.
“It does accomplish about 98% of what we were trying to do and is better than no bill at all,” Brooks said. “I think it is very important to have the time to read, understand, and vet all the nuances of a substitute.”
The substitute bill was passed 7-2 by the committee, with local Sen. Don Ipson-R, Washington County, voting yes and the two lone nay votes coming from the two Democrats on the committee.
Along with removing the prohibitions on businesses, the substitute bill added additional exemptions to the bill for some medical practices and businesses that have external or federal requirements for employees to show proof of vaccination.
The bill previously had passed the House, 51-23, on Feb. 22 with all of the Southern Utah House members voting in the affirmative.
HB 60 now goes to the full Senate with three days remaining in the legislative session for it to pass and reach the governor’s desk. With the substitute bill, the bill not only has to pass the Senate but will return to the House for final approval of the amended bill.
Another impediment on the bill reaching the governor’s desk is any bill with a fiscal note requiring $10,000 or more of state expenses has to be passed by Thursday.
HB 60’s fiscal note cites $50,700 in expenditures, mostly to the state’s Labor Commission to deal with potential claims.
Brooks isn’t counting out the bill still getting passed.
“It is possible, but there are a lot of bills competing for the remaining time,” Brooks said.
Even if it does get passed, Gov. Spencer Cox has expressed uncertainties about his support of the bill.
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