H.B. 327

1

DEPARTMENT OF COMMERCE -
2 DEMOGRAPHIC DATA TRACKING
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mark A. Wheatley
6
7 LONG TITLE
8 General Description:
9 This bill requires the Division of Corporations and Commercial Code to create forms
10 that allow a person to provide information about the gender and race of certain business
11 owners.
12 Highlighted Provisions:
13 This bill:
14 . requires the division to include on a form created by the division a way to indicate
15 the gender and race of one or more owners of the entity for which the form is filed;
16 . provides that information concerning gender or race is not required to be provided;
17 and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 13-1a-1, as last amended by Chapter 225, Laws of Utah 1989
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 13-1a-1 is amended to read:
29 13-1a-1. Creation of division -- Responsibilities.
30 (1) There is established within the Department of Commerce the Division of
31 Corporations and Commercial Code which is responsible for corporation and commercial code
32 filings in this state.
33 (2) (a) A form created by the Division of Corporations and Commercial Code for a
34 filing required to be made with the Division of Corporations and Commercial Code under the
35 following provisions shall include a portion that allows the person filing the form to indicate
36 the gender and race of one or more owners of the entity for which the filing is made:
37 (i) Title 16, Corporations; and
38 (ii) Title 48, Partnership.
39 (b) A person is not required to provide information under Subsection (2)(a) concerning
40 the gender or race of one or more owners of the entity for which the filing is made.
41 (c) (i) The Division of Corporations and Commercial Code shall compile information
42 concerning the gender or race included on forms created by and filed with the Division of
43 Corporations and Commercial Code.
44 (ii) Information compiled by the Division of Corporations and Commercial Code under
45 Subsection (2)(c)(i) may be compiled in a manner determined by the Division of Corporations
46 and Commercial Code by rules made pursuant to Title 63, Chapter 46a, Utah Administrative
47 Rulemaking Act.
48 (d) (i) Any person may request copies of the:
49 (A) forms created by the Division of Corporations and Commercial Code that include a
50 portion that allows the person filing the form to indicate the gender and race of one or more
51 owners of the entity for which the filing is made; or
52 (B) data compiled by the Division of Corporations and Commercial Code under
53 Subsection (2)(c).
54 (ii) A request under Subsection (2)(d)(i) shall be made pursuant to Title 63, Chapter 2,
55 Government Records Access and Management Act.
56 (iii) The Division of Corporations and Commercial Code may comply with a request
57 under Subsection (2)(d)(i) by providing copies of all forms of the type requested that are filed
58 with the Division of Corporations and Commercial Code, whether or not the portion of the

59 form that allows a person to indicate gender or race is completed.




Legislative Review Note
as of 2-9-05 5:01 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel