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8 LONG TITLE
9 General Description:
10 This bill modifies civil rights provisions relating to persons with a disability.
11 Highlighted Provisions:
12 This bill:
13 . includes "disability" among the characteristics protected from discrimination under
14 civil rights provisions.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 13-7-1, as last amended by Laws of Utah 2010, Chapter 378
22 13-7-2, as last amended by Laws of Utah 2010, Chapters 276 and 378
23 13-7-3, as last amended by Laws of Utah 1973, Chapter 18
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 13-7-1 is amended to read:
27 13-7-1. Policy and purposes of chapter.
28 (1) It is hereby declared that the practice of discrimination on the basis of race, color,
29 sex, religion, ancestry, [
30 public accommodation or in enterprises regulated by the state endangers the health, safety, and
31 general welfare of this state and its inhabitants[
32 establishments or places of public accommodation or in enterprises regulated by the state[
33 violates the public policy of this state. [
34 (2) The purpose of this [
35 of all goods, services, and facilities offered by business establishments and places of public
36 accommodation and enterprises regulated by the state without discrimination because of race,
37 color, sex, religion, ancestry, [
38 (3) The rules of common law that statutes in derogation [
39 shall be strictly construed has no application to this [
40 (4) This [
41 purposes of the [
42 (5) The remedies provided [
43 to any other remedies available at law or equity.
44 Section 2. Section 13-7-2 is amended to read:
45 13-7-2. Definitions.
46 (1) "Disability" means a physical or mental impairment that substantially limits one or
47 more of a person's major life activities, including a person who has a record of such an
48 impairment or is regarded as having such an impairment.
50 (a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
51 (b) a place of business that sells an alcoholic product at retail as provided in Title 32B,
52 Alcoholic Beverage Control Act;
53 (c) an insurer regulated by Title 31A, Insurance Code; and
54 (d) a public utility subject to regulation under Title 54, Public Utilities [
56 organizations, corporations, labor unions, legal representatives, trustees, trustees in bankruptcy,
57 receivers, and other organized groups of persons.
59 facility of whatever kind, nature, or class that caters or offers its services, facilities, or goods to
60 the general public for a fee or charge, except[
61 (i) located within a building that contains not more than five rooms for rent or hire; and
62 (ii) actually occupied by the proprietor of the establishment as the proprietor's
64 (b) A place, establishment, or facility that caters or offers its services, facilities, or
65 goods to the general public gratuitously shall be within the definition of this term if it receives
66 any substantial governmental subsidy or support.
67 (c) "Place of public accommodation" does not apply to any institution, church, [
68 apartment house, club, or place of accommodation [
69 private, except to the extent that it is open to the public.
70 Section 3. Section 13-7-3 is amended to read:
71 13-7-3. Equal right in business establishments, places of public accommodation,
72 and enterprises regulated by the state.
73 (1) All persons within the jurisdiction of this state are free and equal and are entitled to
74 full and equal accommodations, advantages, facilities, privileges, goods, and services in all
75 business establishments and in all places of public accommodation, and by all enterprises
76 regulated by the state of every kind whatsoever, without discrimination on the basis of race,
77 color, sex, religion, ancestry [
78 (2) Nothing in this [
79 (a) to deny any person the right to regulate the operation of a business establishment or
80 place of public accommodation or an enterprise regulated by the state in a manner which
81 applies uniformly to all persons without regard to race, color, sex, religion, ancestry, [
82 national origin[
83 (b) to deny any religious organization the right to regulate the operation and procedures
84 of its establishments.
Legislative Review Note
as of 11-30-12 1:50 PM