Utah HB 451: H.B. 451 State Entity Restrictions

Bill Text

1st S
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LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: D.M. Cheung 6
6 02-22-23 8:07 AM 6
H.B. 451
1st Sub. (Buff)
Representative Katy Hall proposes the following substitute bill:
1 STATE ENTITY RESTRICTIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Katy Hall
5 Senate Sponsor: Michael K. McKell
6
7 LONG TITLE
8 General Description:
9 This bill prohibits the use of certain statements or materials by a state entity to
10 determine employment, admission, or other benefits.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < prohibits the use of a prohibited submission in determining employment, admission,
15 or other benefits; and
16 < creates limited exceptions to the prohibition in this bill.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 53B-27-502, Utah Code Annotated 1953
24 53G-2-103, Utah Code Annotated 1953
25 67-27-105, Utah Code Annotated 1953
*HB0451S01*

1st Sub. (Buff) H.B. 451 02-22-23 8:07 AM
House Floor Amendments 2-24-2023 pf/dc
- 2 - House Committee Amendments 2-23-2023 pf/dc
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53B-27-502 is enacted to read:
29 53B-27-502. Prohibition on use of certain submissions in higher education --
30 Exceptions.
31 (1) (a) As used in this section, "prohibited submission" means a submission, statement,
32 or document that requires a person to articulate the person's †∫ [†∫ [personal] ª†] personal ª†
32a1 beliefs or position
32a on a
33 policy or initiative that promotes differential treatment based on race, color, ethnicity, sex,
34 national origin, or age.
35 (b) "Prohibited submission" includes a submission, statement, or document that relates
36 to a policy, program, or initiative regarding:
37 (i) diversity, equity, and inclusion;
38 (ii) anti-racism;
39 (iii) implicit bias; or
40 (iv) critical race theory.
41 (c) "Prohibited submission" does not include a submission, statement, or document if:
42 (i) the job title for the position includes a phrase listed in Subsections (1)(b)(i) through
43 (iv); and
44 (ii) the submission, statement, or document relates to a bona fide occupational
45 qualification for the position.
46 (2) An institution may not request a prohibited submission as a certification or
47 condition prior to taking action with respect to:
48 (a) employment, including decisions regarding:
49 (i) hiring;
50 (ii) terms of employment;
51 (iii) benefits;
52 (iv) seniority status;
53 (v) tenure;
54 (vi) promotion;
55 (vii) transfer; or
56 (viii) appointment;

02-22-23 8:07 AM 1st Sub. (Buff) H.B. 451
House Floor Amendments 2-24-2023 pf/dc
- 3 - House Committee Amendments 2-23-2023 pf/dc
57 (b) admission to or graduation from the institution or an academic program; or
58 (c) qualification for or receipt of state financial aid or other state financial assistance.
59 (3) An institution may not grant any form of preferential consideration to a person who,
60 without solicitation from the institution, provides a prohibited submission for consideration for
61 any action described in Subsection (2).
62 (4) If federal law requires an institution to accept a prohibited †∫ [statement]
62a submission ª† , the
63 institution:
64 (a) may accept the prohibited †∫ [statement] submission ª† only to the extent required
64a under federal law;
65 and
66 (b) shall limit consideration of the information contained in the prohibited †∫ [statement]
66a submission ª† to
67 the extent necessary to satisfy the requirement under federal law.
68 (5) Nothing in this section prohibits an institution from requiring compliance with an
69 institution's specific policies that are necessary to comply with state or federal laws and
70 regulations, including those relating to prohibited discrimination or harassment.
71 Section 2. Section 53G-2-103 is enacted to read:
72 53G-2-103. Prohibition on use of certain submissions in public education --
73 Exceptions.
74 (1) (a) As used in this section, "prohibited submission" means a submission, statement,
75 or document that requires a person to articulate the person's †∫ personal ª† †∫ beliefs or ª†
75a1 position on a policy
75a or initiative
76 that promotes differential treatment based on race, color, ethnicity, sex, national origin, or age.
77 (b) "Prohibited submission" includes a submission, statement, or document that relates
78 to a policy, program, or initiative regarding:
79 (i) diversity, equity, and inclusion;
80 (ii) anti-racism;
81 (iii) implicit bias; or
82 (iv) critical race theory.
83 (c) "Prohibited submission" does not include a submission, statement, or document if:
84 (i) the job title for the position includes a phrase listed in Subsections (1)(b)(i) through
85 (iv); and
86 (ii) the submission, statement, or document relates to a bona fide occupational
87 qualification for the position.

1st Sub. (Buff) H.B. 451 02-22-23 8:07 AM
- 4 - House Committee Amendments 2-2