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Dear Health Freedom Friends,
SB2004 passed through both houses of the Utah legislature last week and was signed Tuesday, by the governor. It is now the law! (See details below the calls to action.)
ACTION: Please share this information far and wide. Anyone who qualifies for this option needs to know it is available right now!
It is not the bill we dreamed of, but it is a life vest for about 65% of Utah employees. (Details below. Those not covered also have options, below.)
ACTION: Here are the people you should thank for putting together a bill that helps a large number of Utahns, and passed with a 2/3 majority, and for getting it added to the Special Session.
It took a huge amount of effort to get this done. Please thank them today. We need legislators to maintain their commitment to carry this to the next level.
SAMPLE message to your own State House Representative and Senator, if listed below.** Please write your own.
Subject Line: Thank you!
Thank you for your efforts in passing SB2004. This bill is a critical step forward for medical freedom. As your constituent, I will back you up 100% on legislation that increases medical freedom for Utah citizens.
SAMPLE message to sponsors and other key individuals. Please write your own.
Subject Line: Thank you!
Thank you, so much, for your efforts in passing SB2004, and getting this issue into the November Special Session. It is critical that the citizens of Utah be protected from medical tyranny on every on level. This is a big step in the right direction. We also need protection against Federal mandates, as soon as possible.
Senator Kirk Cullimore
State House Representative Mike Schultz
Other key individuals
State House Representative Karianne Lisonbee
Senate President Stuart Adams
House Speaker Brad Wilson
All of the state legislators who voted in favor of the bill:
State House Representatives
(Representatives Thurston and Handy were absent.)
This legislation requires (most) Utah employers to accept vaccine exemptions, without penalizing employees. It also removes the burden of record keeping from (most) employers, protecting privacy for (most) employees (lines 68-74). And, if employer requires testing, the employer must pay for the testing (lines 63-65) Please share this information quickly!
My understanding of the legislation:
If you are
- working for a Utah business,
- or a company with a business license in Utah,
- or any other place of employment in Utah,
regardless of the number of employees*, which is not regulated by CMA (Medicare/Medicaid); and if you are not a Federal contractor, you are eligible for these simple exemptions. (NOTE: If you are not covered by this legislation, you are still covered by Title VII. Please see information here, and here.)
Personal, religious, and medical exemptions all apply. All you have to do is write a simple note to your employer saying you are taking a personal or religious exemption (lines 53-62), or submit a medical exemption. There is no need to jump through all the hoops you would have to jump through to get the Title VII RE. (I do recommend that you take the RE, as opposed to the PE, in case you need to rely on Title VII in the future.) (This is not legal or medical advice. It's just my opinion.)
This statute may not apply to a satellite employee of an out of state company, which has no actual business license in Utah, but does apply to an employee of a Utah company with a satellite employee who is out of state.
Thank you Holly McClure (Utah Open for Business), for the detailed breakdown of the legislation, below. If you have questions, please ask. We will do our best to find answers. In the meantime, share this far and wide.
There are a few exceptions:
"Employer" does not include:
48 (A) a person that is subject to a regulation by the Centers for Medicare and Medicaid
49 Services regarding a COVID-19 vaccine, unless the person is the state or a political subdivision
50 of the state that is not an academic medical center; or
51 a federal contractor.
Note: Attorney General Sean Reyes has joined a lawsuit with several other states against the vaccine mandate for federal contractor employees. (This lawsuit is not the same as the injunction filed in the 5th Circuit against the OSHA ETS.) You can read about the federal contractor lawsuit here.
75 (6) (a) The provisions of this section do not apply to a contract for goods or services
76 entered into before November 5, 2021, unless the contract is between an employer and the
77 employer's employee.
Note: Lines 75-77 are a carve out for certain federal contracts entered into before November 5, 2021 - this is intended to let those employers keep those contracts.
78 (b) An employer may require an employee or prospective employee to receive or show
79 proof that the employee or prospective employee has received a COVID-19 vaccination
80 without providing the relief described in Subsection (2), if the employer:
81 (i) employs fewer than 15 employees; and
82 (ii) establishes a nexus between the requirement and the employee's assigned duties
83 and responsibilities.
Note: Lines 78-83 are another "niche" carve-out intended for small medical service providers - say a small in-home elder care company - who believe that having a "fully vaccinated" workforce is directly relevant to their ability to operate. These companies would have to demonstrate that they meet the "nexus" requirement.
*(because there is a court injunction on the Biden mandate for businesses with 100 employees or over and OSHA has suspended the mandate. This means that all of these businesses are subject to Utah law, until further notice.)
**If you need to know who your reps are go to le.utah.gov > My Legislators.