H.B. 233 Enrolled

ANTIDISCRIMINATION ADVISORY COUNCIL
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
AN ACT RELATING TO LABOR; AMENDING PROVISIONS RELATED TO THE
ANTIDISCRIMINATION ADVISORY COUNCIL; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
34A-5-105, as renumbered and amended by Chapter 375, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 34A-5-105 is amended to read:
34A-5-105. Antidiscrimination Advisory Council -- Membership -- Appointment --
Term -- Powers and duties -- Chair.
(1) There is created an Antidiscrimination Advisory Council consisting of:
(a) 15 voting members appointed by the [governor] commissioner as follows:
(i) five employer representatives;
(ii) five employee representatives;
(iii) five representatives of the general public; and
(b) the commissioner or the commissioner's designee as a nonvoting member of the
council.
(2) In making the appointments under Subsection (1), the [governor] commissioner shall
consider representation of the following protected classes:
(a) race;
(b) color;
(c) national origin;
(d) gender;
(e) religion;
(f) age; and

(g) persons with disabilities.
(3) The division shall provide any necessary staff support for the council.
(4) (a) Except as required by Subsection (4)(b), as terms of current council members expire,
the [governor] commissioner shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (4)(a), the [governor] commissioner
shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of council members are staggered so that approximately half of the council is appointed every two
years.
(5) (a) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(b) The [governor] commissioner shall terminate the term of a council member who ceases
to be representative as designated by the original appointment.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(7) (a) The advisory council shall offer advice on issues requested by the commission,
division, and the Legislature and also make recommendations to the commission and division
regarding issues of employment discrimination and issues related to the administration of this
chapter.

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(b) The council shall confer at least quarterly for the purpose of advising the commission,
division, and the Legislature regarding issues of employment discrimination and issues related to the
administration of this chapter.
(8) The commissioner or the commissioner's designee shall serve as chair. The chair is
charged with the responsibility of calling the necessary meetings.

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