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H.B. 431

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GENDER PRICE EQUALITY

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1998 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Steve Barth

5    AN ACT RELATING TO COMMERCE AND TRADE; AND DEFINING DISCRIMINATORY
6    BEHAVIOR BASED ON GENDER.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    ENACTS:
9         13-7-5, Utah Code Annotated 1953
10    Be it enacted by the Legislature of the state of Utah:
11        Section 1. Section 13-7-5 is enacted to read:
12         13-7-5. Price discrimination based on gender prohibited.
13        (1) For purposes of this section:
14         (a) "Discriminate" means charging a person a higher price than another person for the
15    same or similar service based on a factor prohibited by law.
16        (b) "Services" include:
17        (i) dry cleaning;
18        (ii) clothing alterations; and
19        (iii) services that fall within the practice of cosmetology/barbering as defined in Section
20    58-11a-102.
21        (2) A business establishment may not discriminate, with respect to the price charged for
22    services, against a person because of the person's gender.
23        (3) Notwithstanding Subsection (2), a business may base price differences specifically on:
24        (a) the amount of time;
25        (b) difficulty; or
26        (c) cost of providing the service.
27        (4) A business establishment that provides services shall post in a prominent place in its


1    establishment any gender-related differences in price charged for services in accordance with
2    Subsection (3).
3        (5) A business establishment that discriminates with respect to the price charged for
4    services against a person because of the person's gender violates Section 13-7-3.




Legislative Review Note
    as of 2-4-98 3:37 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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