S.B. 97

1

ANTIDISCRIMINATION ADVISORY COUNCIL
2 AMENDMENTS
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: L. Steven Poulton
6 AN ACT RELATING TO LABOR; AMENDING PROVISIONS RELATED TO THE
7 ANTIDISCRIMINATION ADVISORY COUNCIL; AND MAKING TECHNICAL CHANGES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 34A-1-202, as enacted by Chapter 375, Laws of Utah 1997
11 34A-5-105, as last amended by Chapter 50, Laws of Utah 1998
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 34A-1-202 is amended to read:
14 34A-1-202. Divisions -- Creation -- Duties -- Labor Relations Board, Appeals Board,
15 and councils.
16 (1) There is created within the commission the following divisions:
17 (a) the Division of Industrial Accidents that shall administer the regulatory requirements
18 of this title concerning industrial accidents and occupational disease;
19 (b) the Division of Occupational Safety and Health that shall administer the regulatory
20 requirements of Chapter 6, Utah Occupational Safety and Health Act;
21 (c) the Division of Safety that shall administer the regulatory requirements of:
22 (i) Chapter 7, Safety; and
23 (ii) Title 40, Chapter 2, Coal Mines;
24 (d) the Division of Antidiscrimination and Labor that shall administer the regulatory
25 requirements of:
26 (i) Chapter 5, Utah Antidiscrimination Act;
27 (ii) Title 34A, Utah Labor Code, when specified by statute; and

28 (iii) Title 57, Chapter 21, Utah Fair Housing Act; and
29 (e) the Division of Adjudication that shall adjudicate claims or actions brought under this
30 title.
31 (2) In addition to the divisions created under this section, within the commission are the
32 following:
33 (a) the Labor Relations Board created in Section 34-20-3 ;
34 (b) the Appeals Board created in Section 34A-1-205 ;
35 (c) the following program advisory councils:
36 (i) the workers' compensation advisory council created in Section 34A-2-107 ;
37 (ii) the antidiscrimination and labor advisory council created in Section 34A-5-105 ; and
38 (iii) the occupational safety and health advisory council created in Section 34A-6-106 ; and
39 (d) the mining certification panel created in Section 40-2-14 .
40 (3) In addition to the responsibilities described in this section, the commissioner may
41 assign to a division a responsibility granted to the commission by law.
42 Section 2. Section 34A-5-105 is amended to read:
43 34A-5-105. Antidiscrimination and Labor Advisory Council -- Membership --
44 Appointment -- Term -- Powers and duties -- Chair.
45 (1) There is created an Antidiscrimination and Labor Advisory Council consisting of:
46 (a) [15] 17 voting members appointed by the commissioner as follows:
47 (i) [five] four employer representatives;
48 (ii) [five] four employee representatives;
49 (iii) two representatives of persons who seek to rent or purchase dwellings as defined in
50 Section 57-21-2 ;
51 (iv) two representatives of persons who:
52 (A) sell or rent dwellings; and
53 (B) are subject to Title 57, Chapter 21, Utah Fair Housing Act; and
54 [(iii)] (v) five representatives of the general public; and
55 (b) the commissioner or the commissioner's designee as a nonvoting member of the
56 council.
57 (2) In making the appointments under Subsection (1), the commissioner shall consider
58 representation of the following protected classes:

59 (a) race;
60 (b) color;
61 (c) national origin;
62 (d) gender;
63 (e) religion;
64 (f) age; [and]
65 (g) persons with disabilities[.];
66 (h) familial status as defined in Section 57-21-2 ; and
67 (i) source of income as defined in Section 57-21-2 .
68 (3) The division shall provide any necessary staff support for the council.
69 (4) (a) Except as required by Subsection (4)(b), as terms of current council members
70 expire, the commissioner shall appoint each new member or reappointed member to a four-year
71 term.
72 (b) Notwithstanding the requirements of Subsection (4)(a), the commissioner shall, at the
73 time of appointment or reappointment, adjust the length of terms to ensure that the terms of council
74 members are staggered so that approximately half of the council is appointed every two years.
75 (5) (a) When a vacancy occurs in the membership for any reason, the replacement shall
76 be appointed for the unexpired term.
77 (b) The commissioner shall terminate the term of a council member who ceases to be
78 representative as designated by the original appointment.
79 (6) (a) (i) Members who are not government employees shall receive no compensation or
80 benefits for their services, but may receive per diem and expenses incurred in the performance of
81 the member's official duties at the rates established by the Division of Finance under Sections
82 63A-3-106 and 63A-3-107 .
83 (ii) Members may decline to receive per diem and expenses for their service.
84 (b) (i) State government officer and employee members who do not receive salary, per
85 diem, or expenses from their agency for their service may receive per diem and expenses incurred
86 in the performance of their official duties from the council at the rates established by the Division
87 of Finance under Sections 63A-3-106 and 63A-3-107 .
88 (ii) State government officer and employee members may decline to receive per diem and
89 expenses for their service.

90 (7) (a) The advisory council shall offer advice on issues requested by the commission,
91 division, and the Legislature and also make recommendations to the commission and division
92 regarding issues:
93 (i) of employment discrimination;
94 (ii) housing discrimination; and [issues]
95 (iii) related to the administration [of this chapter] by the commission of:
96 (A) the provisions of Title 34, Labor in General, that are administered by the commission;
97 (B) Title 34A, Chapter 5, Utah Antidiscrimination Act; and
98 (C) Title 57, Chapter 21, Utah Fair Housing Act.
99 (b) The council shall confer at least quarterly for the purpose of advising the commission,
100 division, and the Legislature regarding issues [of employment discrimination and issues related
101 to the administration of this chapter] described in Subsection (7)(a).
102 (8) The commissioner or the commissioner's designee shall serve as chair. The chair is
103 charged with the responsibility of calling the necessary meetings.




Legislative Review Note
as of 12-23-99 11:22 AM

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

Office of Legislative Research and General Counsel