H.B. 128

1

ANTIDISCRIMINATION STUDY RELATED TO
2 EMPLOYMENT AND HOUSING
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christine A. Johnson
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires the study by a legislative interim committee of public policy related to
11 discrimination in employment and housing.
12 Highlighted Provisions:
13 This bill:
14 . provides a legislative purpose statement;
15 . requires the Legislative Management Committee to designate a legislative interim
16 committee to conduct a study;
17 . prescribes the scope of the study;
18 . addresses preparation of legislation;
19 . addresses activities of political subdivisions; and
20 . requires a written report.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a repeal date of November 30, 2010.
25 Uncodified Material Affected:
26 ENACTS UNCODIFIED MATERIAL
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Study on antidiscrimination in employment and housing.
30 (1) As used in this section:
31 (a) "Designated committee" means the interim committee designated under Subsection
32 (3) to conduct the study required under this section.
33 (b) "Discrimination" includes both discrimination related to employment and to
34 housing.
35 (2) An individual's access to fair employment and housing opportunities is directly
36 related to the individual's quality of life and ability to be self-sufficient. It is to the benefit of
37 the state, its individual citizens, and its business community to have clear public policy
38 concerning the protections to be afforded an individual who is improperly discriminated
39 against in the access to, or in the terms, privileges, and conditions of employment or housing.
40 Also, the principles of "at will" employment are important to the health of Utah's economy and
41 relate to the public policy to be studied. The purpose of the study required by this section is to
42 advise the Legislature in the development of this critical public policy.
43 (3) During the 2010 interim, the Legislative Management Committee shall assign to an
44 interim committee designated by the Legislative Management Committee a study to be
45 conducted in accordance with this section on discrimination on the basis of being in a sexual or
46 gender based minority.
47 (4) The designated committee shall conduct the study described in Subsection (3) so as
48 to include:
49 (a) examining the nature and frequency of discrimination occurring in Utah, including
50 working with the Labor Commission to monitor complaints of discrimination;
51 (b) reviewing what public policy prohibiting discrimination in this state should include;
52 (c) reviewing whether public policy prohibiting discrimination should be set at the state
53 or local level;
54 (d) reviewing the legal requirements related to laws addressing discrimination;
55 (e) reviewing best practices in implementing public policy prohibiting discrimination,
56 including examining in relation to statutes or ordinances that are enacted within Utah or in
57 other states:
58 (i) whether the statutes or ordinances have successfully reduced incidents of or harms

59 related to discrimination;
60 (ii) whether the statutes or ordinances have resulted in significant increases in
61 complaints being filed and costs to governmental agencies;
62 (iii) what costs or benefits to employers and persons in the housing industry result from
63 the statutes or ordinances; and
64 (iv) what costs or benefits to employees and users of housing result from the statutes or
65 ordinances;
66 (f) reviewing options for mitigating the costs, if any, associated with implementing
67 public policy prohibiting discrimination;
68 (g) hearing testimony from the Labor Commission and interested parties as to the
69 issues raised by the state; and
70 (h) inviting political subdivisions of this state that have enacted ordinances to testify
71 before the designated committee.
72 (5) If the designated committee determines to recommend legislative action as a result
73 of the study, the designated committee shall prepare the legislation for consideration by the
74 Legislature in the 2011 General Session.
75 (6) The designated committee shall issue a written report by no later than November
76 30, 2010, which shall include any legislation recommended by the designated committee.
77 (7) The Legislature encourages a political subdivision that has not taken any public
78 action to initiate the enactment of a resolution or ordinance addressing discrimination to not
79 initiate such a process until the Legislature is able to consider the results of the study required
80 by this section during the 2011 General Session.
81 Section 2. Repeal date.
82 This bill is repealed on November 30, 2010.




Legislative Review Note
as of 1-29-10 12:04 PM

Office of Legislative Research and General Counsel