First 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 and punitive damages in a private right of action for blacklisting
15 or publishing; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 34-24-1, as enacted by Chapter 85, Laws of Utah 1969
24 34-24-2, as enacted by Chapter 85, Laws of Utah 1969
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 34-24-1 is amended to read:
28 34-24-1. Blacklisting employees prohibited.
29 (1) As used in this chapter, "publish" means the communication of information to any
30 one or more persons:
31 (a) orally:
32 (i) in person;
33 (ii) by telephone, radio, or television; or
34 (iii) electronic means; or
35 (b) in a writing of any kind.
36 [No] (2) A person [shall] may not blacklist or publish information related to any
37 individual, or cause to be published or blacklisted[,] information related to any [employee
38 discharged or voluntarily leaving the service of any person, company or corporation] individual
39 with intent and for the purpose of preventing [such employee] the individual from engaging in
40 or securing employment similar to the individual's current or former employment or other
41 employment from any other person[, company or corporation].
42 Section 2. Section 34-24-2 is amended to read:
43 34-24-2. Violation -- Penalty.
44 [If any person] (1) A person violates this chapter if that person:
45 (a) blacklists or publishes information related to any individual, or causes to be
46 blacklisted or published[,] information related to any [employee discharged by any corporation,
47 company or individual,] individual with the intent and for the purpose of preventing [such
48 employee] the individual from engaging in or securing employment similar to the individual's
49 current or former employment or other employment from any other [corporation, company or
50 individual,] person; or [shall]
51 (b) in any manner [conspire or contrive] conspires or contrives by correspondence or
52 otherwise to prevent [such discharged employee] the individual from securing employment[,
53 such person].
54 (2) A person that violates this chapter:
55 (a) is guilty of a [felony and shall be fined not less than $55 nor more than $1000 and
56 imprisoned in the state prison not less than sixty days nor more than one year.] class B

57 misdemeanor; and
58 (b) is liable to the individual who is blacklisted or the subject of a publication for
59 actual and punitive damages to be recovered by the individual in a civil action filed in a court
60 of competent jurisdiction.