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Ex. UT-045 Order Primary source read

H.B. 1007, Face Covering Requirements, 2021 First Special Session

Face Covering Requirements

Utah Legislature (Chief Sponsor Rep. Val L. Peterson); signed by Governor Spencer J. Cox · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Statute amending Utah Code 53B-2-113, 53B-3-103, 53G-9-210
Issued
2021-05-28 May 28, 2021
Effective
2021-05-28
End
Continuing law (read as 2021-09-30)
In force
May 28, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirementSchools and child careVaccination or testingOther
Addressees
  • institutions of higher education
  • Utah Board of Higher Education
  • State Board of Education, LEAs and schools
Functions reached
  • IN in-person instruction (schools barred from imposing masks)
  • CP campus housing
  • AC athletics
  • framework for the Aug.-Sept. 2021 county school mask orders
Collection
Utah UT

Operative words

53B-2-113(3)(b) An institution of higher education described in Section 53B-2-101 may not require an individual to wear a face covering to attend or participate in in-person instruction, institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories, or in any other place on a campus of an institution within the system of higher education at any time after the end of the spring semester in 2021.... (5) Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease.... (1) An institution of higher education... may not require proof of vaccination as a condition for enrollment or attendance unless the institution allows for the following exemptions: (a) a medical exemption...; and (b) a personal exemption...

Enforcement

Statutory prohibition; the local-health-department path (26-6-33(4)(c); SB 195 order-of-constraint regime) preserved

Notes

The Legislature's Sept. 15, 2021 Return to School Update confirms: 'local health departments are allowed to mandate face coverings in public schools with approval from the county legislative body'; the U.S. Department of Education OCR opened an investigation Aug. 31, 2021.

Retrieval note

Signing and effective dates from the le.utah.gov bill status page ('5/28/2021 Governor Signed'; 'Effective Date: 28 May 2021').