Second Substitute S.B. 233

Senator Allen M. Christensen proposes the following substitute bill:

1 BLACKLISTING AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Allen M. Christensen
5
6 LONG TITLE
7 General Description:
8 This bill modifies provisions related to Labor In General to address blacklisting.
9 Highlighted Provisions:
10 This bill:
11 . defines terms;
12 . modifies language prohibiting blacklisting or certain publications;
13 . modifies criminal provisions related to blacklisting or certain publications;
14 . provides for actual damages in a private right of action for blacklisting or
15 publishing;
16 . addresses ability to provide factual information if requested by a potential employer;
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 34-24-1, as enacted by Chapter 85, Laws of Utah 1969

26 34-24-2, as enacted by Chapter 85, Laws of Utah 1969
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 34-24-1 is amended to read:
30 34-24-1. Blacklisting employees prohibited.
31 (1) As used in this chapter, "publish" means the communication of information to any
32 one or more persons:
33 (a) orally:
34 (i) in person;
35 (ii) by telephone, radio, or television; or
36 (iii) electronic means; or
37 (b) in a writing of any kind.
38 [No] (2) A person [shall] may not blacklist or publish information related to any
39 individual, or cause to be published or blacklisted[,] information related to any [employee
40 discharged or voluntarily leaving the service of any person, company or corporation]
41 individual:
42 (a) with intent and for the purpose of preventing [such employee] the individual from
43 engaging in or securing employment similar to the individual's current or former employment
44 or other employment from any other person[, company or corporation.]; and
45 (b) if the information:
46 (i) is false or misleading; or
47 (ii) is rendered with malicious intent toward that individual.
48 Section 2. Section 34-24-2 is amended to read:
49 34-24-2. Violation -- Penalty.
50 [If any person] (1) A person violates this chapter if that person:
51 (a) blacklists or publishes information related to any individual, or causes to be
52 blacklisted or published[,] information related to any [employee discharged by any corporation,
53 company or individual,] individual:
54 (i) with the intent and for the purpose of preventing [such employee] the individual
55 from engaging in or securing employment similar to the individual's current or former
56 employment or other employment from any other [corporation, company or individual, or

57 shall] person; and
58 (ii) if the information:
59 (A) is false or misleading; or
60 (B) is rendered with malicious intent toward that individual; or
61 (b) in any manner [conspire or contrive] conspires or contrives by correspondence or
62 otherwise to prevent [such discharged employee] the individual from securing employment[,
63 such person].
64 (2) This chapter may not be construed to prohibit a person from communicating factual
65 information regarding an individual or the individual's employment related performance when
66 requested by a potential employer of the individual.
67 (3) A person that violates this chapter:
68 (a) is guilty of a [felony and shall be fined not less than $55 nor more than $1000 and
69 imprisoned in the state prison not less than sixty days nor more than one year.] class B
70 misdemeanor; and
71 (b) is liable to the individual who is blacklisted or the subject of a publication for
72 actual damages to be recovered by the individual in a civil action filed in a court of competent
73 jurisdiction.