7 LONG TITLE
8 General Description:
9 This bill defines "gender" for the Utah Code and amends and enacts provisions relating
10 to gender.
11 Highlighted Provisions:
12 This bill:
13 . defines "gender" for the Utah Code;
14 . defines other terms;
15 . prohibits a student from using a gender-segregated public school bathroom that does
16 not correspond to the student's phenotype;
17 . requires a school district or charter school board to provide reasonable bathroom
18 accommodations upon request of certain students;
19 . requires a local school board or charter school governing board to establish a certain
20 policy; and
21 . makes technical changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
25 This bill provides an effective date.
26 Utah Code Sections Affected:
28 11-25-12 , as enacted by Laws of Utah 1977, Chapter 276
29 13-7-1 , as last amended by Laws of Utah 2010, Chapter 378
30 13-7-3 , as last amended by Laws of Utah 1973, Chapter 18
31 17-28-2.6 , as last amended by Laws of Utah 2001, Chapter 73
32 17-33-3 , as last amended by Laws of Utah 2001, Chapter 73
33 26-1-7.5 , as last amended by Laws of Utah 2011, Chapter 297
34 26-8a-501 , as enacted by Laws of Utah 1999, Chapter 141
35 30-1-2 , as last amended by Laws of Utah 1999, Chapter 15
36 30-3-10 , as last amended by Laws of Utah 2013, Chapter 22
37 31A-22-405 , as last amended by Laws of Utah 2002, Chapter 308
38 34A-5-104 , as last amended by Laws of Utah 2012, Chapter 369
39 34A-5-106 , as last amended by Laws of Utah 2013, Chapter 278
40 34A-5-107 , as last amended by Laws of Utah 2008, Chapter 382
41 35A-8-703 , as renumbered and amended by Laws of Utah 2012, Chapter 212
42 53-10-406 , as last amended by Laws of Utah 2010, Chapter 405
43 53A-11-1304 , as renumbered and amended by Laws of Utah 2008, Chapter 3
44 53A-15-205 , as last amended by Laws of Utah 2013, Chapter 167
45 53B-13a-104 , as last amended by Laws of Utah 2011, Chapter 11
46 58-31b-502 , as last amended by Laws of Utah 2012, Chapter 234
47 67-19-3.1 , as last amended by Laws of Utah 2010, Chapter 249
48 67-19-18 , as last amended by Laws of Utah 2010, Chapter 249
49 68-3-12.5 , as last amended by Laws of Utah 2011, Chapter 366
50 78A-6-505 , as renumbered and amended by Laws of Utah 2008, Chapter 3
51 78B-14-311 (Superseded 07/01/15), as renumbered and amended by Laws of Utah
52 2008, Chapter 3
53 78B-14-311 (Effective 07/01/15), as last amended by Laws of Utah 2011, Chapter 412
55 53A-11-1501 , Utah Code Annotated 1953
57 Be it enacted by the Legislature of the state of Utah:
58 Section 1. Section 11-25-12 is amended to read:
59 11-25-12. Equal opportunity requirements.
60 The agency shall require that any residence which is rehabilitated with financing
61 obtained under this part shall, until that financing is repaid, be open, upon sale or rental of any
62 portion thereof, to all regardless of race, creed, color, [
63 origin. The agency shall also require that contractors and subcontractors engaged in residential
64 rehabilitation financed under this part shall provide equal opportunity for employment, without
65 discrimination as to race, color, creed, [
66 contracts and subcontracts for residential rehabilitation financed under this part shall be let
67 without discrimination as to race, color, creed, [
68 Section 2. Section 13-7-1 is amended to read:
69 13-7-1. Policy and purposes of act.
70 It is hereby declared that the practice of discrimination on the basis of race, color, [
71 gender, religion, ancestry, or national origin in business establishments or places of public
72 accommodation or in enterprises regulated by the state endangers the health, safety, and general
73 welfare of this state and its inhabitants; and that such discrimination in business establishments
74 or places of public accommodation or in enterprises regulated by the state, violates the public
75 policy of this state. It is the purpose of this act to assure all citizens full and equal availability
76 of all goods, services and facilities offered by business establishments and places of public
77 accommodation and enterprises regulated by the state without discrimination because of race,
78 color, [
79 statutes in derogation thereof shall be strictly construed has no application to this act. This act
80 shall be liberally construed with a view to promote the policy and purposes of the act and to
81 promote justice. The remedies provided herein are not exclusive but are in addition to any
82 other remedies available at law or equity.
83 Section 3. Section 13-7-3 is amended to read:
84 13-7-3. Equal right in business establishments, places of public accommodation,
85 and enterprises regulated by the state.
86 All persons within the jurisdiction of this state are free and equal and are entitled to full
87 and equal accommodations, advantages, facilities, privileges, goods and services in all business
88 establishments and in all places of public accommodation, and by all enterprises regulated by
89 the state of every kind whatsoever, without discrimination on the basis of race, color, [
90 gender, religion, ancestry or national origin. Nothing in this act shall be construed to deny any
91 person the right to regulate the operation of a business establishment or place of public
92 accommodation or an enterprise regulated by the state in a manner which applies uniformly to
93 all persons without regard to race, color, [
94 to deny any religious organization the right to regulate the operation and procedures of its
96 Section 4. Section 17-28-2.6 is amended to read:
97 17-28-2.6. Merit principles.
98 The County Fire Civil Service System shall be established and administered in a
99 manner that will provide for the effective implementation of the following merit principles:
100 (1) recruiting, selecting, and advancing employees on the basis of their relative ability,
101 knowledge, and skills, including open consideration of qualified applicants for initial
103 (2) provision of equitable and adequate job classification and compensation systems,
104 including pay and benefits programs;
105 (3) training of employees as needed to assure high-quality performance;
106 (4) retention of employees on the basis of the adequacy of their performance and
107 separation of employees whose inadequate performance cannot be corrected;
108 (5) fair treatment of applicants and employees in all aspects of personal administration
109 without regard to race, color, religion, [
110 disability, and with proper regard for their privacy and constitutional rights as citizens;
111 (6) provision of information to employees regarding their political rights and
112 prohibited practices under the Hatch Act; and
113 (7) provision of a formal procedure for processing the appeals and grievances of
114 employees without discrimination, coercion, restraint, or reprisal.
115 Section 5. Section 17-33-3 is amended to read:
116 17-33-3. Merit principles.
117 It is the policy of this state that each county may establish a personnel system
118 administered in a manner that will provide for the effective implementation of the following
119 merit principles:
120 (1) recruiting, selecting, and advancing employees on the basis of their relative ability,
121 knowledge, and skills, including open consideration of qualified applicants for initial
123 (2) provision of equitable and adequate compensation;
124 (3) training of employees as needed to assure high-quality performance;
125 (4) retention of employees on the basis of the adequacy of their performance, and
126 separation of employees whose inadequate performance cannot be corrected;
127 (5) fair treatment of applicants and employees in all aspects of personnel
128 administration without regard to race, color, religion, [
129 affiliation, age, or disability, and with proper regard for their privacy and constitutional rights
130 as citizens;
131 (6) provision of information to employees regarding their political rights and
132 prohibited practices under the Hatch Act; and
133 (7) provision of a formal procedure for processing the appeals and grievances of
134 employees without discrimination, coercion, restraint, or reprisal.
135 Section 6. Section 26-1-7.5 is amended to read:
136 26-1-7.5. Health advisory council.
137 (1) (a) There is created the Utah Health Advisory Council, comprised of nine persons
138 appointed by the governor.
139 (b) The governor shall ensure that:
140 (i) members of the council:
141 (A) broadly represent the public interest;
142 (B) have an interest in or knowledge of public health, environmental health, health
143 planning, health care financing, or health care delivery systems; and
144 (C) include health professionals;
145 (ii) the majority of the membership are nonhealth professionals;
146 (iii) no more than five persons are from the same political party; and
147 (iv) geography, [
149 (2) (a) Except as required by Subsection (2)(b), members of the council shall be
150 appointed to four-year terms.
151 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
152 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
153 council members are staggered so that approximately half of the council is appointed every two
155 (c) Terms of office for subsequent appointments shall commence on July 1 of the year
156 in which the appointment occurs.
157 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
158 be appointed for the unexpired term.
159 (b) No person shall be appointed to the council for more than two consecutive terms.
160 (c) The chair of the council shall be appointed by the governor from the membership of
161 the council.
162 (4) The council shall meet at least quarterly or more frequently as determined necessary
163 by the chair. A quorum for conducting business shall consist of four members of the council.
164 (5) A member may not receive compensation or benefits for the member's service, but,
165 at the executive director's discretion, may receive per diem and travel expenses in accordance
167 (a) Section 63A-3-106 ;
168 (b) Section 63A-3-107 ; and
169 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
170 63A-3-107 .
171 (6) The council shall be empowered to advise the department on any subject deemed to
172 be appropriate by the council except that the council may not become involved in
173 administrative matters. The council shall also advise the department as requested by the
174 executive director.
175 (7) The executive director shall ensure that the council has adequate staff support and
176 shall provide any available information requested by the council necessary for their
177 deliberations. The council shall observe confidential requirements placed on the department in
178 the use of such information.
179 Section 7. Section 26-8a-501 is amended to read:
180 26-8a-501. Discrimination.
181 (1) No person licensed, certified, or designated pursuant to this chapter may
182 discriminate in the provision of emergency medical services on the basis of race, [
183 color, creed, or prior inquiry as to ability to pay.
184 (2) This chapter does not authorize or require medical assistance or transportation over
185 the objection of an individual on religious grounds.
186 Section 8. Section 30-1-2 is amended to read:
187 30-1-2. Marriages prohibited and void.
188 The following marriages are prohibited and declared void:
189 (1) when there is a husband or wife living, from whom the person marrying has not
190 been divorced;
191 (2) when the male or female is under 18 years of age unless consent is obtained as
192 provided in Section 30-1-9 ;
193 (3) when the male or female is under 14 years of age or, beginning May 3, 1999, when
194 the male or female is under 16 years of age at the time the parties attempt to enter into the
195 marriage; however, exceptions may be made for a person 15 years of age, under conditions set
196 in accordance with Section 30-1-9 ;
197 (4) between a divorced person and any person other than the one from whom the
198 divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until
199 after the affirmance of the decree; and
200 (5) between persons of the same [
201 Section 9. Section 30-3-10 is amended to read:
202 30-3-10. Custody of children in case of separation or divorce -- Custody
204 (1) If a husband and wife having minor children are separated, or their marriage is
205 declared void or dissolved, the court shall make an order for the future care and custody of the
206 minor children as it considers appropriate.
207 (a) In determining any form of custody, including a change in custody, the court shall
208 consider the best interests of the child without preference for either the mother or father solely
209 because of the [
210 relevant, the following:
211 (i) the past conduct and demonstrated moral standards of each of the parties;
212 (ii) which parent is most likely to act in the best interest of the child, including
213 allowing the child frequent and continuing contact with the noncustodial parent;
214 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
215 and nature of the relationship between a parent and child; and
216 (iv) those factors outlined in Section 30-3-10.2 .
217 (b) There shall be a rebuttable presumption that joint legal custody, as defined in
218 Section 30-3-10.1 , is in the best interest of the child, except in cases where there is:
219 (i) domestic violence in the home or in the presence of the child;
220 (ii) special physical or mental needs of a parent or child, making joint legal custody
222 (iii) physical distance between the residences of the parents, making joint decision
223 making impractical in certain circumstances; or
224 (iv) any other factor the court considers relevant including those listed in this section
225 and Section 30-3-10.2 .
226 (c) The person who desires joint legal custody shall file a proposed parenting plan in
227 accordance with Sections 30-3-10.8 and 30-3-10.9 . A presumption for joint legal custody may
228 be rebutted by a showing by a preponderance of the evidence that it is not in the best interest of
229 the child.
230 (d) The children may not be required by either party to testify unless the trier of fact
231 determines that extenuating circumstances exist that would necessitate the testimony of the
232 children be heard and there is no other reasonable method to present their testimony.
233 (e) The court may inquire of the children and take into consideration the children's
234 desires regarding future custody or parent-time schedules, but the expressed desires are not
235 controlling and the court may determine the children's custody or parent-time otherwise. The
236 desires of a child 14 years of age or older shall be given added weight, but is not the single
237 controlling factor.
238 (f) If interviews with the children are conducted by the court pursuant to Subsection
239 (1)(e), they shall be conducted by the judge in camera. The prior consent of the parties may be
240 obtained but is not necessary if the court finds that an interview with the children is the only
241 method to ascertain the child's desires regarding custody.
242 (2) In awarding custody, the court shall consider, among other factors the court finds
243 relevant, which parent is most likely to act in the best interests of the child, including allowing
244 the child frequent and continuing contact with the noncustodial parent as the court finds
246 (3) If the court finds that one parent does not desire custody of the child, the court shall
247 take that evidence into consideration in determining whether to award custody to the other
249 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a
250 parent due to a disability, as defined in Section 57-21-2 , in awarding custody or determining
251 whether a substantial change has occurred for the purpose of modifying an award of custody.
252 (b) If a court takes a parent's disability into account in awarding custody or determining
253 whether a substantial change has occurred for the purpose of modifying an award of custody,
254 the parent with a disability may rebut any evidence, presumption, or inference arising from the
255 disability by showing that:
256 (i) the disability does not significantly or substantially inhibit the parent's ability to
257 provide for the physical and emotional needs of the child at issue; or
258 (ii) the parent with a disability has sufficient human, monetary, or other resources
259 available to supplement the parent's ability to provide for the physical and emotional needs of
260 the child at issue.
261 (c) Nothing in this section may be construed to apply to adoption proceedings under
262 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
263 (5) This section establishes neither a preference nor a presumption for or against joint
264 physical custody or sole physical custody, but allows the court and the family the widest
265 discretion to choose a parenting plan that is in the best interest of the child.
266 Section 10. Section 31A-22-405 is amended to read:
267 31A-22-405. Misstated age or gender.
268 (1) For purposes of this section, "gender" is not as defined in Section 68-3-12.5 .
270 at risk is misstated in an application for a policy of life insurance, and the error is not adjusted
271 during the person's lifetime, the amount payable under the policy is what the premium paid
272 would have purchased if the age or gender had been stated correctly.
274 for, beyond the maximum age limit designated by the insurer, the insurer shall refund at least
275 the amount of the premiums collected under the policy.
276 Section 11. Section 34A-5-104 is amended to read:
277 34A-5-104. Powers.
278 (1) (a) The commission has jurisdiction over the subject of employment practices and
279 discrimination made unlawful by this chapter.
280 (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and
281 for the enforcement of this chapter.
282 (2) The division may:
283 (a) appoint and prescribe the duties of investigators and other employees and agents
284 that it considers necessary for the enforcement of this chapter;
285 (b) receive, reject, investigate, and pass upon complaints alleging:
286 (i) discrimination in:
287 (A) employment;
288 (B) apprenticeship programs;
289 (C) on-the-job training programs; and
290 (D) vocational schools; or
291 (ii) the existence of a discriminatory or prohibited employment practice by:
292 (A) a person;
293 (B) an employer;
294 (C) an employment agency;
295 (D) a labor organization;
296 (E) the employees or members of an employment agency or labor organization;
297 (F) a joint apprenticeship committee; and
298 (G) vocational school;
299 (c) investigate and study the existence, character, causes, and extent of discrimination
300 in employment, apprenticeship programs, on-the-job training programs, and vocational schools
301 in this state by:
302 (i) employers;
303 (ii) employment agencies;
304 (iii) labor organizations;
305 (iv) joint apprenticeship committees; and
306 (v) vocational schools;
307 (d) formulate plans for the elimination of discrimination by educational or other
309 (e) hold hearings upon complaint made against:
310 (i) a person;
311 (ii) an employer;
312 (iii) an employment agency;
313 (iv) a labor organization;
314 (v) the employees or members of an employment agency or labor organization;
315 (vi) a joint apprenticeship committee; or
316 (vii) a vocational school;
317 (f) issue publications and reports of investigations and research that:
318 (i) promote good will among the various racial, religious, and ethnic groups of the
319 state; and
320 (ii) minimize or eliminate discrimination in employment because of race, color, [
321 gender, religion, national origin, age, or disability;
322 (g) prepare and transmit to the governor, at least once each year, reports describing:
323 (i) its proceedings, investigations, and hearings;
324 (ii) the outcome of those hearings;
325 (iii) decisions the division has rendered; and
326 (iv) the other work performed by the division;
327 (h) recommend policies to the governor, and submit recommendation to employers,
328 employment agencies, and labor organizations to implement those policies;
329 (i) recommend any legislation concerning discrimination because of race, [
330 color, national origin, religion, age, or disability to the governor that it considers necessary; and
331 (j) within the limits of any appropriations made for its operation, cooperate with other
332 agencies or organizations, both public and private, in the planning and conducting of
333 educational programs designed to eliminate discriminatory practices prohibited under this
335 (3) The division shall investigate alleged discriminatory practices involving officers or
336 employees of state government if requested to do so by the Career Service Review Office.
337 (4) (a) In any hearing held under this chapter, the division may:
338 (i) subpoena witnesses and compel their attendance at the hearing;
339 (ii) administer oaths and take the testimony of any person under oath; and
340 (iii) compel any person to produce for examination any books, papers, or other
341 information relating to the matters raised by the complaint.
342 (b) The division director or a hearing examiner appointed by the division director may
343 conduct hearings.
344 (c) If a witness fails or refuses to obey a subpoena issued by the division, the division
345 may petition the district court to enforce the subpoena.
346 (d) In the event a witness asserts a privilege against self-incrimination, testimony and
347 evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
349 Section 12. Section 34A-5-106 is amended to read:
350 34A-5-106. Discriminatory or prohibited employment practices -- Permitted
352 (1) It is a discriminatory or prohibited employment practice to take any action
353 described in Subsections (1)(a) through (f).
354 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
355 any person, or to retaliate against, harass, or discriminate in matters of compensation or in
356 terms, privileges, and conditions of employment against any person otherwise qualified,
357 because of:
358 (A) race;
359 (B) color;
360 (C) [
361 (D) pregnancy, childbirth, or pregnancy-related conditions;
362 (E) age, if the individual is 40 years of age or older;
363 (F) religion;
364 (G) national origin; or
365 (H) disability.
366 (ii) A person may not be considered "otherwise qualified," unless that person possesses
367 the following required by an employer for any particular job, job classification, or position:
368 (A) education;
369 (B) training;
370 (C) ability, with or without reasonable accommodation;
371 (D) moral character;
372 (E) integrity;
373 (F) disposition to work;
374 (G) adherence to reasonable rules and regulations; and
375 (H) other job related qualifications required by an employer.
376 (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means
377 the payment of differing wages or salaries to employees having substantially equal experience,
378 responsibilities, and skill for the particular job.
379 (B) Notwithstanding Subsection (1)(a)(iii)(A):
380 (I) nothing in this chapter prevents increases in pay as a result of longevity with the
381 employer, if the salary increases are uniformly applied and available to all employees on a
382 substantially proportional basis; and
383 (II) nothing in this section prohibits an employer and employee from agreeing to a rate
384 of pay or work schedule designed to protect the employee from loss of Social Security payment
385 or benefits if the employee is eligible for those payments.
386 (b) An employment agency may not:
387 (i) refuse to list and properly classify for employment, or refuse to refer an individual
388 for employment, in a known available job for which the individual is otherwise qualified,
389 because of:
390 (A) race;
391 (B) color;
392 (C) [
393 (D) pregnancy, childbirth, or pregnancy-related conditions;
394 (E) religion;
395 (F) national origin;
396 (G) age, if the individual is 40 years of age or older; or
397 (H) disability; or
398 (ii) comply with a request from an employer for referral of applicants for employment
399 if the request indicates either directly or indirectly that the employer discriminates in
400 employment on account of:
401 (A) race;
402 (B) color;
403 (C) [
404 (D) pregnancy, childbirth, or pregnancy-related conditions;
405 (E) religion;
406 (F) national origin;
407 (G) age, if the individual is 40 years of age or older; or
408 (H) disability.
409 (c) A labor organization may not exclude any individual otherwise qualified from full
410 membership rights in the labor organization, expel the individual from membership in the labor
411 organization, or otherwise discriminate against or harass any of the labor organization's
412 members in full employment of work opportunity, or representation, because of:
413 (i) race;
414 (ii) [
415 (iii) pregnancy, childbirth, or pregnancy-related conditions;
416 (iv) religion;
417 (v) national origin;
418 (vi) age, if the individual is 40 years of age or older; or
419 (vii) disability.
420 (d) Unless based upon a bona fide occupational qualification, or required by and given
421 to an agency of government for security reasons, an employer, employment agency, or labor
422 organization may not print, or circulate, or cause to be printed or circulated, any statement,
423 advertisement, or publication, use any form of application for employment or membership, or
424 make any inquiry in connection with prospective employment or membership that expresses,
425 either directly or indirectly:
426 (i) any limitation, specification, or discrimination as to:
427 (A) race;
428 (B) color;
429 (C) religion;
430 (D) [
431 (E) pregnancy, childbirth, or pregnancy-related conditions;
432 (F) national origin;
433 (G) age, if the individual is 40 years of age or older; or
434 (H) disability; or
435 (ii) the intent to make any limitation, specification, or discrimination described in
436 Subsection (1)(d)(i).
437 (e) A person, whether or not an employer, an employment agency, a labor organization,
438 or the employees or members of an employer, employment agency, or labor organization, may
440 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
441 discriminatory or prohibited employment practice;
442 (ii) obstruct or prevent any person from complying with this chapter, or any order
443 issued under this chapter; or
444 (iii) attempt, either directly or indirectly, to commit any act prohibited in this section.
445 (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
446 school, providing, coordinating, or controlling apprenticeship programs, or providing,
447 coordinating, or controlling on-the-job-training programs, instruction, training, or retraining
448 programs may not:
449 (A) deny to, or withhold from, any qualified person, the right to be admitted to, or
450 participate in any apprenticeship training program, on-the-job-training program, or other
451 occupational instruction, training or retraining program because of:
452 (I) race;
453 (II) color;
454 (III) [
455 (IV) pregnancy, childbirth, or pregnancy-related conditions;
456 (V) religion;
457 (VI) national origin;
458 (VII) age, if the individual is 40 years of age or older; or
459 (VIII) disability;
460 (B) discriminate against or harass any qualified person in that person's pursuit of
461 programs described in Subsection (1)(f)(i)(A), or to discriminate against such a person in the
462 terms, conditions, or privileges of programs described in Subsection (1)(f)(i)(A), because of:
463 (I) race;
464 (II) color;
465 (III) [
466 (IV) pregnancy, childbirth, or pregnancy-related conditions;
467 (V) religion;
468 (VI) national origin;
469 (VII) age, if the individual is 40 years of age or older; or
470 (VIII) disability; or
471 (C) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or
472 published, any notice or advertisement relating to employment by the employer, or membership
473 in or any classification or referral for employment by a labor organization, or relating to any
474 classification or referral for employment by an employment agency, indicating any preference,
475 limitation, specification, or discrimination based on:
476 (I) race;
477 (II) color;
478 (III) [
479 (IV) pregnancy, childbirth, or pregnancy-related conditions;
480 (V) religion;
481 (VI) national origin;
482 (VII) age, if the individual is 40 years of age or older; or
483 (VIII) disability.
484 (ii) Notwithstanding Subsection (1)(f)(i)(C), if the following is a bona fide
485 occupational qualification for employment, a notice or advertisement described in Subsection
486 (1)(f)(i)(C) may indicate a preference, limitation, specification, or discrimination based on:
487 (A) race;
488 (B) color;
489 (C) religion;
490 (D) [
491 (E) pregnancy, childbirth, or pregnancy-related conditions;
492 (F) age;
493 (G) national origin; or
494 (H) disability.
495 (2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to
497 (a) the termination of employment of an individual who, with or without reasonable
498 accommodation, is physically, mentally, or emotionally unable to perform the duties required
499 by that individual's employment;
500 (b) the variance of insurance premiums or coverage on account of age; or
501 (c) a restriction on the activities of individuals licensed by the liquor authority with
502 respect to persons under 21 years of age.
503 (3) (a) It is not a discriminatory or prohibited employment practice:
504 (i) for an employer to hire and employ employees, for an employment agency to
505 classify or refer for employment any individual, for a labor organization to classify its
506 membership or to classify or refer for employment any individual or for an employer, labor
507 organization, or joint labor-management committee controlling apprenticeship or other training
508 or retraining programs to admit or employ any individual in any such program, on the basis of
509 religion, [
510 origin, or disability in those certain instances where religion, [
511 childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older,
512 national origin, or disability is a bona fide occupational qualification reasonably necessary to
513 the normal operation of that particular business or enterprise;
514 (ii) for a school, college, university, or other educational institution to hire and employ
515 employees of a particular religion if:
516 (A) the school, college, university, or other educational institution is, in whole or in
517 substantial part, owned, supported, controlled, or managed by a particular religious corporation,
518 association, or society; or
519 (B) the curriculum of the school, college, university, or other educational institution is
520 directed toward the propagation of a particular religion;
521 (iii) for an employer to give preference in employment to:
522 (A) the employer's:
523 (I) spouse;
524 (II) child; or
525 (III) son-in-law or daughter-in-law;
526 (B) any person for whom the employer is or would be liable to furnish financial
527 support if those persons were unemployed;
528 (C) any person to whom the employer during the preceding six months has furnished
529 more than one-half of total financial support regardless of whether or not the employer was or
530 is legally obligated to furnish support; or
531 (D) any person whose education or training was substantially financed by the employer
532 for a period of two years or more.
533 (b) Nothing in this chapter applies to any business or enterprise on or near an Indian
534 reservation with respect to any publicly announced employment practice of the business or
535 enterprise under which preferential treatment is given to any individual because that individual
536 is a native American Indian living on or near an Indian reservation.
537 (c) Nothing in this chapter shall be interpreted to require any employer, employment
538 agency, labor organization, vocational school, joint labor-management committee, or
539 apprenticeship program subject to this chapter to grant preferential treatment to any individual
540 or to any group because of the race, color, religion, [
541 disability of the individual or group on account of an imbalance which may exist with respect
542 to the total number or percentage of persons of any race, color, religion, [
543 national origin, or disability employed by any employer, referred or classified for employment
544 by an employment agency or labor organization, admitted to membership or classified by any
545 labor organization, or admitted to or employed in, any apprenticeship or other training
546 program, in comparison with the total number or percentage of persons of that race, color,
547 religion, [
548 available work force in any community or county.
549 (4) It is not a discriminatory or prohibited practice with respect to age to observe the
550 terms of a bona fide seniority system or any bona fide employment benefit plan such as a
551 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
552 chapter, except that no such employee benefit plan shall excuse the failure to hire an individual.
553 (5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, a
554 person may not be subject to involuntary termination or retirement from employment on the
555 basis of age alone, if the individual is 40 years of age or older, except:
556 (a) under Subsection (6); and
557 (b) when age is a bona fide occupational qualification.
558 (6) Nothing in this section prohibits compulsory retirement of an employee who has
559 attained at least 65 years of age, and who, for the two-year period immediately before
560 retirement, is employed in a bona fide executive or a high policymaking position, if:
561 (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit
562 from the employee's employer's pension, profit-sharing, savings, or deferred compensation
563 plan, or any combination of those plans; and
564 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
565 Section 13. Section 34A-5-107 is amended to read:
566 34A-5-107. Procedure for aggrieved person to file claim -- Investigations --
567 Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
568 (1) (a) Any person claiming to be aggrieved by a discriminatory or prohibited
569 employment practice may, or that person's attorney or agent may, make, sign, and file with the
570 division a request for agency action.
571 (b) Every request for agency action shall be verified under oath or affirmation.
572 (c) A request for agency action made under this section shall be filed within 180 days
573 after the alleged discriminatory or prohibited employment practice occurred.
574 (d) The division may transfer a request for agency action filed with the division
575 pursuant to this section to the federal Equal Employment Opportunity Commission in
576 accordance with the provisions of any work-share agreement that is:
577 (i) between the division and the Equal Employment Opportunity Commission; and
578 (ii) in effect on the day on which the request for agency action is transferred.
579 (2) Any employer, labor organization, joint apprenticeship committee, or vocational
580 school who has an employee or member who refuses or threatens to refuse to comply with this
581 chapter may file with the division a request for agency action asking the division for assistance
582 to obtain the employee's or member's compliance by conciliation or other remedial action.
583 (3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the
584 division shall promptly assign an investigator to attempt a settlement between the parties by
585 conference, conciliation, or persuasion.
586 (b) If no settlement is reached, the investigator shall make a prompt impartial
587 investigation of all allegations made in the request for agency action.
588 (c) The division and its staff, agents, and employees:
589 (i) shall conduct every investigation in fairness to all parties and agencies involved;
591 (ii) may not attempt a settlement between the parties if it is clear that no discriminatory
592 or prohibited employment practice has occurred.
593 (d) An aggrieved party may withdraw the request for agency action prior to the
594 issuance of a final order.
595 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
596 uncovers insufficient evidence during the investigation to support the allegations of a
597 discriminatory or prohibited employment practice set out in the request for agency action, the
598 investigator shall formally report these findings to the director or the director's designee.
599 (b) Upon receipt of the investigator's report described in Subsection (4)(a), the director
600 or the director's designee may issue a determination and order for dismissal of the adjudicative
602 (c) A party may make a written request to the Division of Adjudication for an
603 evidentiary hearing to review de novo the director's or the director's designee's determination
604 and order within 30 days of the date the determination and order for dismissal is issued.
605 (d) If the director or the director's designee receives no timely request for a hearing, the
606 determination and order issued by the director or the director's designee becomes the final order
607 of the commission.
608 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator
609 uncovers sufficient evidence during the investigation to support the allegations of a
610 discriminatory or prohibited employment practice set out in the request for agency action, the
611 investigator shall formally report these findings to the director or the director's designee.
612 (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
613 director or the director's designee may issue a determination and order based on the
614 investigator's report.
615 (ii) A determination and order issued under this Subsection (5)(b) shall:
616 (A) direct the respondent to cease any discriminatory or prohibited employment
617 practice; and
618 (B) provide relief to the aggrieved party as the director or the director's designee
619 determines is appropriate.
620 (c) A party may file a written request to the Division of Adjudication for an evidentiary
621 hearing to review de novo the director's or the director's designee's determination and order
622 within 30 days of the date the determination and order is issued.
623 (d) If the director or the director's designee receives no timely request for a hearing, the
624 determination and order issued by the director or the director's designee in accordance with
625 Subsection (5)(b) becomes the final order of the commission.
626 (6) In any adjudicative proceeding to review the director's or the director's designee's
627 determination that a prohibited employment practice has occurred, the division shall present the
628 factual and legal basis of the determination or order issued under Subsection (5).
629 (7) (a) Prior to commencement of an evidentiary hearing:
630 (i) the party filing the request for agency action may reasonably and fairly amend any
631 allegation; and
632 (ii) the respondent may amend its answer.
633 (b) An amendment permitted under this Subsection (7) may be made:
634 (i) during or after a hearing; and
635 (ii) only with permission of the presiding officer.
636 (8) (a) If, upon all the evidence at a hearing, the presiding officer finds that a
637 respondent has not engaged in a discriminatory or prohibited employment practice, the
638 presiding officer shall issue an order dismissing the request for agency action containing the
639 allegation of a discriminatory or prohibited employment practice.
640 (b) The presiding officer may order that the respondent be reimbursed by the
641 complaining party for the respondent's attorneys' fees and costs.
642 (9) If upon all the evidence at the hearing, the presiding officer finds that a respondent
643 has engaged in a discriminatory or prohibited employment practice, the presiding officer shall
644 issue an order requiring the respondent to:
645 (a) cease any discriminatory or prohibited employment practice; and
646 (b) provide relief to the complaining party, including:
647 (i) reinstatement;
648 (ii) back pay and benefits;
649 (iii) attorneys' fees; and
650 (iv) costs.
651 (10) Conciliation between the parties is to be urged and facilitated at all stages of the
652 adjudicative process.
653 (11) (a) Either party may file with the Division of Adjudication a written request for
654 review before the commissioner or Appeals Board of the order issued by the presiding officer
655 in accordance with:
656 (i) Section 63G-4-301 ; and
657 (ii) Chapter 1, Part 3, Adjudicative Proceedings.
658 (b) If there is no timely request for review, the order issued by the presiding officer
659 becomes the final order of the commission.
660 (12) An order of the commission under Subsection (11)(a) is subject to judicial review
661 as provided in:
662 (a) Section 63G-4-403 ; and
663 (b) Chapter 1, Part 3, Adjudicative Proceedings.
664 (13) The commission shall have authority to make rules concerning procedures under
665 this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
666 (14) The commission and its staff may not divulge or make public any information
667 gained from any investigation, settlement negotiation, or proceeding before the commission
668 except as provided in Subsections (14)(a) through (d).
669 (a) Information used by the director or the director's designee in making any
670 determination may be provided to all interested parties for the purpose of preparation for and
671 participation in proceedings before the commission.
672 (b) General statistical information may be disclosed provided the identities of the
673 individuals or parties are not disclosed.
674 (c) Information may be disclosed for inspection by the attorney general or other legal
675 representatives of the state or the commission.
676 (d) Information may be disclosed for information and reporting requirements of the
677 federal government.
678 (15) The procedures contained in this section are the exclusive remedy under state law
679 for employment discrimination based upon:
680 (a) race;
681 (b) color;
682 (c) [
683 (d) retaliation;
684 (e) pregnancy, childbirth, or pregnancy-related conditions;
685 (f) age;
686 (g) religion;
687 (h) national origin; or
688 (i) disability.
689 (16) (a) The commencement of an action under federal law for relief based upon any
690 act prohibited by this chapter bars the commencement or continuation of any adjudicative
691 proceeding before the commission in connection with the same claims under this chapter.
692 (b) The transfer of a request for agency action to the Equal Employment Opportunity
693 Commission in accordance with Subsection (1)(d) is considered the commencement of an
694 action under federal law for purposes of Subsection (16)(a).
695 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the
696 exclusive remedy provision set forth in Subsection (15).
697 Section 14. Section 35A-8-703 is amended to read:
698 35A-8-703. Definitions.
699 As used in this part the following words and terms have the following meanings, unless
700 a different meaning clearly appears from the context:
701 (1) "Bonds," "notes," and "other obligations" mean any bonds, notes, debentures,
702 interim certificates, or other evidences of financial indebtedness of the corporation authorized
703 to be issued under the provisions of this part.
704 (2) "Construction loan" means a short-term advance of money for the purpose of
705 constructing residential housing for low and moderate income persons.
706 (3) "Corporation" means the Utah Housing Corporation created by Section 35A-8-704 ,
707 which, prior to July 1, 2001, was named the Utah Housing Finance Agency.
708 (4) "Employee of the corporation" means an individual who is employed by the
709 corporation but who is not a trustee of the corporation.
710 (5) "Financial assistance" includes:
711 (a) a loan, whether interest or noninterest bearing, secured or unsecured;
712 (b) a loan that converts to a grant upon the occurrence of specified conditions;
713 (c) a development loan;
714 (d) a grant;
715 (e) an award;
716 (f) a subsidy;
717 (g) a guarantee;
718 (h) a warranty;
719 (i) a lease;
720 (j) a payment on behalf of a borrower of an amount usually paid by a borrower,
721 including a down payment;
722 (k) any other form of financial assistance that helps provide affordable housing for low
723 and moderate income persons; or
724 (l) any combination of Subsections (5)(a) through (k).
725 (6) "Housing development" means a residential housing project, which includes
726 residential housing for low and moderate income persons.
727 (7) "Housing sponsor" includes a person who constructs, develops, rehabilitates,
728 purchases, or owns a housing development that is or will be subject to legally enforceable
729 restrictive covenants that require the housing development to provide, at least in part,
730 residential housing to low and moderate income persons, including a local public body, a
731 nonprofit, limited profit, or for profit corporation, a limited partnership, a limited liability
732 company, a joint venture, a subsidiary of the corporation, or any subsidiary of the subsidiary, a
733 cooperative, a mutual housing organization, or any other type of entity or arrangement that
734 helps provide affordable housing for low and moderate income persons.
735 (8) "Interest rate contract" means interest rate exchange contracts, interest rate floor
736 contracts, interest rate ceiling contracts, and other similar contracts authorized in a resolution
737 or policy adopted or approved by the trustees.
738 (9) "Local public body" means the state, a municipality, county, district, or other
739 subdivision or instrumentality of the state, including a redevelopment agency and a housing
740 authority created under Part 4, Housing Authorities.
741 (10) "Low and moderate income persons" means persons, irrespective of race, religion,
742 creed, national origin, or [
743 assistance as is made available by this part on account of insufficient personal or family income
744 taking into consideration factors, including:
745 (a) the amount of income that persons and families have available for housing needs;
746 (b) the size of family;
747 (c) whether a person is a single head of household;
748 (d) the cost and condition of available residential housing; and
749 (e) the ability of persons and families to compete successfully in the normal private
750 housing market and to pay the amounts at which private enterprise is providing decent, safe,
751 and sanitary housing.
752 (11) "Mortgage" means a mortgage, deed of trust, or other instrument securing a
753 mortgage loan and constituting a lien on real property (the property being held in fee simple or
754 on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of
755 not less than the term for repayment of the mortgage loan secured by the mortgage) improved
756 or to be improved by residential housing, creating a lien which may be first priority or
758 (12) "Mortgage lender" means a bank, trust company, savings and loan association,
759 credit union, mortgage banker, or other financial institution authorized to transact business in
760 the state, a local public body, or any other entity, profit or nonprofit, that makes mortgage
762 (13) "Mortgage loan" means a loan secured by a mortgage, which loan may bear
763 interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of
764 which are used for the purpose of financing the construction, development, rehabilitation, or
765 purchase of residential housing for low and moderate income persons, including low and
766 moderate income persons who:
767 (a) are first-time homebuyers;
768 (b) are single heads of household;
769 (c) are elderly;
770 (d) are homeless; or
771 (e) have a disability.
772 (14) "Rehabilitation" includes the reconstruction, rehabilitation, improvement, and
773 repair of residential housing.
774 (15) "Residential housing" means a specific work or improvement within the state
775 undertaken primarily to provide dwelling accommodations, including land, buildings, and
776 improvements to land and buildings, whether in one to four family units or multifamily units,
777 and other incidental or appurtenant nonhousing facilities, or as otherwise specified by the
779 (16) "State" means the state of Utah.
780 (17) "State housing credit ceiling" means the amount specified in Subsection
781 42(h)(3)(C) of the Internal Revenue Code for each calendar year.
782 Section 15. Section 53-10-406 is amended to read:
783 53-10-406. DNA specimen analysis -- Bureau responsibilities.
784 (1) The bureau shall:
785 (a) administer and oversee the DNA specimen collection process;
786 (b) store all DNA specimens received and other physical evidence obtained from
787 analysis of those specimens;
788 (c) analyze the specimens to establish the genetic profile of the donor or to otherwise
789 determine the identity of persons or contract with other qualified public or private laboratories
790 to conduct the analysis;
791 (d) maintain a criminal identification data base containing information derived from
792 DNA analysis;
793 (e) utilize the specimens to create statistical population frequency data bases, provided
794 that genetic profiles or other information in a population frequency data base may not be
795 identified with specific individuals;
796 (f) ensure that the DNA identification system does not provide information allowing
797 prediction of genetic disease or predisposition to illness;
798 (g) ensure that only DNA markers routinely used or accepted in the field of forensic
799 science are used to establish the [
800 (h) utilize only those DNA analysis procedures that are consistent with, and do not
801 exceed, procedures established and used by the Federal Bureau of Investigation for the forensic
802 analysis of DNA;
803 (i) destroy a DNA specimen obtained under this part if criminal charges have not been
804 filed within 90 days after booking for an alleged offense under Subsection 53-10-403 (2)(c);
806 (j) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
807 Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA
808 specimens and for storing and destroying DNA specimens and other physical evidence and
809 criminal identification information obtained from the analysis.
810 (2) Procedures for DNA analysis may include all techniques which the Department of
811 Public Safety determines are accurate and reliable in establishing identity, including but not
812 limited to, analysis of DNA, antigen antibodies, polymorphic enzymes, or polymorphic
814 (3) (a) In accordance with Section 63G-2-305 , all DNA specimens received shall be
815 classified as protected.
816 (b) The Department of Public Safety may not transfer or disclose any DNA specimen,
817 physical evidence, or criminal identification information obtained, stored, or maintained under
818 this section, except under its provisions.
819 (4) Notwithstanding Subsection 63G-2-202 (1), the department may deny inspection if
820 it determines that there is a reasonable likelihood that the inspection would prejudice a pending
821 criminal investigation.
822 (5) The department shall adopt procedures governing the inspection of records, DNA
823 specimens, and challenges to the accuracy of records. The procedures shall accommodate the
824 need to preserve the materials from contamination and destruction.
825 (6) A person whose DNA specimen has been obtained under this part may, personally
826 or through a legal representative, submit to the court a motion for a court order requiring the
827 destruction of the person's DNA specimen and any criminal identification record created in
828 connection with that specimen if:
829 (a) (i) a final judgment reverses the conviction, judgment, or order that created an
830 obligation to provide a DNA specimen; or
831 (ii) all charges arising from the same criminal episode for which the DNA specimen
832 was obtained under Subsection 53-10-404.5 (1)(a) have been resolved by a final judgment of
833 dismissal or acquittal; and
834 (b) the department determines that the person has not otherwise become obligated to
835 submit a DNA specimen as a result of any separate conviction or juvenile adjudication for any
836 offense listed in Subsection 53-10-403 (2).
837 (7) A court order issued under Subsection (6) may be accompanied by a written notice
838 to the person advising that state law provides for expungement of criminal charges if the charge
839 is resolved by a final judgment of dismissal or acquittal.
840 (8) Upon receipt of a court order for destruction pursuant to Subsection (6) and receipt
841 of a certified copy of the court order reversing the conviction, judgment, or order, a certified
842 copy of a court order to set aside the conviction, or a certified copy of the dismissal or acquittal
843 of the charge regarding which the person was arrested, the Department of Public Safety shall
844 destroy any specimen received from the person, any physical evidence obtained from that
845 specimen, and any criminal identification records pertaining to the person, unless prohibited
846 under Subsection (6)(b).
847 (9) The department is not required to destroy any item of physical evidence obtained
848 from a DNA specimen if evidence relating to another person subject to the provisions of
849 Sections 53-10-404 and 53-10-405 would as a result be destroyed.
850 (10) A DNA specimen, physical evidence, or criminal identification record may not be
851 affected by an order to set aside a conviction, except under the provisions of this section.
852 (11) If funding is not available for analysis of any of the DNA specimens collected
853 under this part, the bureau shall store the collected specimens until funding is made available
854 for analysis through state or federal funds.
855 (12) (a) (i) A person who, due to the person's employment or authority, has possession
856 of or access to individually identifiable DNA information contained in the state criminal
857 identification database or the state DNA specimen repository may not willfully disclose the
858 information in any manner to any individual, agency, or entity that is not entitled under this
859 part to receive the information.
860 (ii) A person may not willfully obtain individually identifiable DNA information from
861 the state criminal identification database or the state DNA repository other than as authorized
862 by this part.
863 (iii) A person may not willfully analyze a DNA specimen for any purpose, or to obtain
864 any information other than as required under this part.
865 (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
866 DNA specimen when destruction is required by this part or by court order.
867 (b) (i) A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third
868 degree felony.
869 (ii) A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor.
870 Section 16. Section 53A-11-1304 is amended to read:
871 53A-11-1304. Admissibility of evidence in civil and criminal actions.
872 (1) Evidence relating to violations of this part which is seized by school authorities
873 acting alone, on their own authority, and not in conjunction with or at the behest of law
874 enforcement authorities is admissible in civil and criminal actions.
875 (2) A search under this section must be based on at least a reasonable belief that the
876 search will turn up evidence of a violation of this part. The measures adopted for the search
877 must be reasonably related to the objectives of the search and not excessively intrusive in light
878 of the circumstances, including the age and [
879 of the infraction.
880 Section 17. Section 53A-11-1501 is enacted to read:
882 53A-11-1501. Gender-segregated bathrooms in public schools.
883 (1) (a) "Bathroom" means a room intended for more than one occupant at a time that:
884 (i) contains a toilet or a urinal; or
885 (ii) is used by occupants to undress and dress.
886 (b) "Gender identity" means an individual's own opinion of whether the individual is:
887 (i) male;
888 (ii) female;
889 (iii) neither male nor female;
890 (iv) both male and female; or
891 (v) another designation.
892 (2) A student may not use a public school's gender-segregated bathroom if the
893 bathroom does not correspond to the student's gender.
894 (3) A school district or charter school shall make available to a student reasonable
895 alternate bathroom accommodations if:
896 (a) the student's consistently-asserted gender identity does not strictly correspond to the
897 student's gender; and
898 (b) the student requests alternate bathroom accommodations.
899 (4) A local school board or charter school governing board shall establish a policy in
900 accordance with this section.
901 Section 18. Section 53A-15-205 is amended to read:
902 53A-15-205. Disability Determination Services Advisory Council -- Membership
903 -- Duties -- Requirements for DDDS.
904 (1) As used in this section, "council" means the Disability Determination Services
905 Advisory Council created in Subsection (2).
906 (2) There is created the Disability Determination Services Advisory Council to act as
907 an advisory council to the State Board of Education regarding the Division of Disability
908 Determination Services (DDDS) established under Chapter 24, Part 5, Division of Disability
909 Determination Services.
910 (3) The council is composed of the following members:
911 (a) the administrator of DDDS;
912 (b) a representative of the United States Department of Health and Human Services,
913 Social Security Administration, appointed by the board; and
914 (c) nine persons, appointed by the board in accordance with Subsections (5) and (6),
915 who represent a cross section of:
916 (i) persons with disabilities;
917 (ii) advocates for persons with disabilities;
918 (iii) health care providers;
919 (iv) representatives of allied state and local agencies; and
920 (v) representatives of the general public.
921 (4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvoting
922 members of the council.
923 (5) In appointing the members described in Subsection (3)(c), the board shall:
924 (a) solicit nominations from organizations and agencies that represent the interests of
925 members described in that subsection; and
926 (b) make every effort to create a balance in terms of geography, [
927 ethnicity, and type of both mental and physical disabilities.
928 (6) (a) In making initial appointments of members described in Subsection (3)(c), the
929 board shall appoint three members for two-year terms, three members for four-year terms, and
930 three members for six-year terms. All subsequent appointments are for four years.
931 (b) The board shall fill any vacancy that occurs on the council for any reason by
932 appointing a person for the unexpired term of the vacated member.
933 (c) Council members are eligible for one reappointment and serve until their successors
934 are appointed.
935 (7) Five voting members of the council constitute a quorum. The action of a majority
936 of a quorum represents the action of the council.
937 (8) Members of the council serve without compensation but may be reimbursed for
938 expenses incurred in the performance of their official duties.
939 (9) (a) The council shall annually elect a chairperson from among the membership
940 described, and shall adopt bylaws governing its activities.
941 (b) The chairperson shall set the meeting agenda.
942 (10) The council shall:
943 (a) advise DDDS and the Social Security Administration regarding its practices and
944 policies on the determination of claims for Social Security disability benefits;
945 (b) participate in the development of new internal practices and procedures of DDDS
946 and policies of the Social Security Administration regarding the evaluation of disability claims;
947 (c) recommend changes to practices and policies to ensure that DDDS is responsive to
948 individuals with a disability;
949 (d) review the DDDS budget to ensure that it is adequate to effectively evaluate
950 disability claims and to meet the needs of persons with disabilities who have claims pending
951 with DDDS; and
952 (e) review and recommend changes to policies and practices of allied state and federal
953 agencies, health care providers, and private community organizations.
954 (11) The council shall annually report to the board regarding its activities.
955 (12) (a) To assist the council in its duties, DDDS shall provide the necessary staff
956 assistance to enable the council to make timely and effective recommendations.
957 (b) Staff assistance may include:
958 (i) distributing meeting agendas;
959 (ii) advising the chairpersons of the council regarding relevant items for council
960 discussion; and
961 (iii) providing reports, documents, budgets, memorandums, statutes, and regulations
962 regarding the management of DDDS.
963 (c) Staff assistance shall include maintaining minutes.
964 Section 19. Section 53B-13a-104 is amended to read:
965 53B-13a-104. Guidelines for administration of the program.
966 (1) The board shall use the guidelines set forth in this section to develop and
967 administer the program.
968 (2) (a) The board shall allocate money appropriated for the program to institutions to
969 provide for either need-based grants or need-based work-study stipends, giving strong
970 emphasis to need-based work-study stipends.
971 (b) Need-based grants or need-based work-study stipends are the only forms of student
972 financial assistance for which program money may be used.
973 (c) The board may not use program money for administrative costs or overhead.
974 (d) An institution may not use more than 3% of its program money for administrative
975 costs or overhead.
976 (3) The board shall design the program to utilize a packaging approach that ensures
977 that institutions combine loans, grants, employment, and family and individual contributions
978 toward financing the cost of attendance at a postsecondary institution.
979 (4) The board shall:
980 (a) use an appropriate need analysis system to determine a student's financial need for
981 the purpose of awarding a program grant or work-study stipend; and
982 (b) base the criteria for awarding program funds to an institution or eligible student on
983 assisting only the most financially needy students.
984 (5) The total sum of a program grant, a work-study stipend, other financial aid from
985 any source, and the expected family and personal contribution, may not exceed the cost of
986 attendance for an eligible student at an institution for a fiscal year.
987 (6) The board shall establish annually the minimum and maximum amounts for a
988 program grant and a work-study stipend for the fiscal year.
989 (7) An institution shall award a program grant or work-study stipend on an annual basis
990 but distribute the money one quarter or semester at a time, with continuing awards contingent
991 upon the eligible student maintaining satisfactory academic progress as defined by the
992 institution in published policies or rules.
993 (8) An institution shall award all program money without regard to an applicant's race,
994 creed, color, religion, [
995 (9) Students receiving financial assistance under the program are required to apply the
996 money toward the cost of attendance at the institution attended, as established pursuant to
997 board rules.
998 (10) The board shall adopt policies to implement this chapter and to ensure sound
999 fiduciary administration of program money to accomplish program objectives.
1000 (11) The board may require a participation agreement from an eligible postsecondary
1001 institution, which shall include an agreement to:
1002 (a) provide information needed by the board to administer the program;
1003 (b) comply with program rules;
1004 (c) submit annual reports as required by the board; and
1005 (d) cooperate in program reviews and financial audits as the board may determine to be
1007 (12) The board shall annually report program outcomes to the governor and the
1008 Legislature's Higher Education Appropriations Subcommittee, including:
1009 (a) utilization of program money, including the:
1010 (i) number of program recipients at each institution; and
1011 (ii) average amount of financial assistance provided;
1012 (b) benefits in fulfillment of the purposes established for the program; and
1013 (c) any recommendations for program modification, including recommended funding
1015 (13) The board shall regularly provide information to students on professional training
1016 and degree programs available in the state through online career and educational exploration
1018 Section 20. Section 58-31b-502 is amended to read:
1019 58-31b-502. Unprofessional conduct.
1020 "Unprofessional conduct" includes:
1021 (1) failure to safeguard a patient's right to privacy as to the patient's person, condition,
1022 diagnosis, personal effects, or any other matter about which the licensee is privileged to know
1023 because of the licensee's or person with a certification's position or practice as a nurse or
1024 practice as a medication aide certified;
1025 (2) failure to provide nursing service or service as a medication aide certified in a
1026 manner that demonstrates respect for the patient's human dignity and unique personal character
1027 and needs without regard to the patient's race, religion, ethnic background, socioeconomic
1028 status, age, [
1029 (3) engaging in sexual relations with a patient during any:
1030 (a) period when a generally recognized professional relationship exists between the
1031 person licensed or certified under this chapter and patient; or
1032 (b) extended period when a patient has reasonable cause to believe a professional
1033 relationship exists between the person licensed or certified under the provisions of this chapter
1034 and the patient;
1035 (4) (a) as a result of any circumstance under Subsection (3), exploiting or using
1036 information about a patient or exploiting the licensee's or the person with a certification's
1037 professional relationship between the licensee or holder of a certification under this chapter and
1038 the patient; or
1039 (b) exploiting the patient by use of the licensee's or person with a certification's
1040 knowledge of the patient obtained while acting as a nurse or a medication aide certified;
1041 (5) unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
1042 (6) unauthorized taking or personal use of nursing supplies from an employer;
1043 (7) unauthorized taking or personal use of a patient's personal property;
1044 (8) knowingly entering into any medical record any false or misleading information or
1045 altering a medical record in any way for the purpose of concealing an act, omission, or record
1046 of events, medical condition, or any other circumstance related to the patient and the medical or
1047 nursing care provided;
1048 (9) unlawful or inappropriate delegation of nursing care;
1049 (10) failure to exercise appropriate supervision of persons providing patient care
1050 services under supervision of the licensed nurse;
1051 (11) employing or aiding and abetting the employment of an unqualified or unlicensed
1052 person to practice as a nurse;
1053 (12) failure to file or record any medical report as required by law, impeding or
1054 obstructing the filing or recording of such a report, or inducing another to fail to file or record
1055 such a report;
1056 (13) breach of a statutory, common law, regulatory, or ethical requirement of
1057 confidentiality with respect to a person who is a patient, unless ordered by a court;
1058 (14) failure to pay a penalty imposed by the division;
1059 (15) prescribing a schedule II-III controlled substance without a consulting physician or
1060 outside of a consultation and referral plan;
1061 (16) violating Section 58-31b-801 ; and
1062 (17) violating the dispensing requirements of Section 58-17b-309 or 58-17b-309.5 , if
1064 Section 21. Section 67-19-3.1 is amended to read:
1065 67-19-3.1. Principles guiding interpretation of chapter and adoption of rules.
1066 (1) The department shall establish a career service system designed in a manner that
1067 will provide for the effective implementation of the following merit principles:
1068 (a) recruiting, selecting, and advancing employees on the basis of their relative ability,
1069 knowledge, and skills, including open consideration of qualified applicants for initial
1071 (b) providing for equitable and competitive compensation;
1072 (c) training employees as needed to assure high-quality performance;
1073 (d) retaining employees on the basis of the adequacy of their performance and
1074 separating employees whose inadequate performance cannot be corrected;
1075 (e) fair treatment of applicants and employees in all aspects of human resource
1076 administration without regard to race, color, religion, [
1077 affiliation, age, or disability, and with proper regard for their privacy and constitutional rights
1078 as citizens;
1079 (f) providing information to employees regarding their political rights and the
1080 prohibited practices under the Hatch Act; and
1081 (g) providing a formal procedure for advancing grievances of employees:
1082 (i) without discrimination, coercion, restraint, or reprisal; and
1083 (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the
1085 (2) The principles in Subsection (1) shall govern interpretation and implementation of
1086 this chapter.
1087 Section 22. Section 67-19-18 is amended to read:
1088 67-19-18. Dismissals and demotions -- Grounds -- Disciplinary action --
1089 Procedure -- Reductions in force.
1090 (1) A career service employee may be dismissed or demoted:
1091 (a) to advance the good of the public service; or
1092 (b) for just causes, including inefficiency, incompetency, failure to maintain skills or
1093 adequate performance levels, insubordination, disloyalty to the orders of a superior,
1094 misfeasance, malfeasance, or nonfeasance in office.
1095 (2) An employee may not be dismissed because of race, [
1096 national origin, religion, political affiliation, or other nonmerit factor including the exercise of
1097 rights under this chapter.
1098 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1099 executive director shall establish rules governing the procedural and documentary requirements
1100 of disciplinary dismissals and demotions.
1101 (4) If an agency head finds that a career service employee is charged with aggravated
1102 misconduct or that retention of a career service employee would endanger the peace and safety
1103 of others or pose a grave threat to the public interest, the employee may be suspended pending
1104 the administrative appeal to the department head as provided in Subsection (5).
1105 (5) (a) A career service employee may not be demoted or dismissed unless the
1106 department head or designated representative has complied with this subsection.
1107 (b) The department head or designated representative notifies the employee in writing
1108 of the reasons for the dismissal or demotion.
1109 (c) The employee has no less than five working days to reply and have the reply
1110 considered by the department head.
1111 (d) The employee has an opportunity to be heard by the department head or designated
1113 (e) Following the hearing, the employee may be dismissed or demoted if the
1114 department head finds adequate cause or reason.
1115 (6) (a) Reductions in force required by inadequate funds, change of workload, or lack
1116 of work are governed by retention points established by the executive director.
1117 (b) Under those circumstances:
1118 (i) The agency head shall designate the category of work to be eliminated, subject to
1119 review by the executive director.
1120 (ii) Temporary and probationary employees shall be separated before any career service
1122 (iii) (A) When more than one career service employee is affected, the employees shall
1123 be separated in the order of their retention points, the employee with the lowest points to be
1124 discharged first.
1125 (B) Retention points for each career service employee shall be computed according to
1126 rules established by the executive director, allowing appropriate consideration for proficiency
1127 and seniority in state government, including any active duty military service fulfilled
1128 subsequent to original state appointment.
1129 (c) (i) A career service employee who is separated in a reduction in force under this
1130 section shall be given preferential consideration when applying for a career service position.
1131 (ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former
1132 career service employee accepts a career service position.
1133 (iii) The executive director shall make rules in accordance with Title 63G, Chapter 3,
1134 Utah Administrative Rulemaking Act, concerning the manner of granting preferential
1135 consideration under Subsection (6)(c)(i).
1136 (d) (i) An employee separated due to a reduction in force may appeal to the department
1137 head for an administrative review.
1138 (ii) The notice of appeal must be submitted within 20 working days after the
1139 employee's receipt of written notification of separation.
1140 (iii) The employee may appeal the decision of the department head according to the
1141 grievance and appeals procedure of this chapter and Chapter 19a, Grievance Procedures.
1142 Section 23. Section 68-3-12.5 is amended to read:
1143 68-3-12.5. Definitions for Utah Code.
1144 (1) The definitions listed in this section apply to the Utah Code, unless:
1145 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
1146 to the context of the statute; or
1147 (b) a different definition is expressly provided for the respective title, chapter, part,
1148 section, or subsection.
1149 (2) "Adjudicative proceeding" means:
1150 (a) an action by a board, commission, department, officer, or other administrative unit
1151 of the state that determines the legal rights, duties, privileges, immunities, or other legal
1152 interests of one or more identifiable persons, including an action to grant, deny, revoke,
1153 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
1154 (b) judicial review of an action described in Subsection (2)(a).
1155 (3) "Administrator" includes "executor" when the subject matter justifies the use.
1156 (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
1157 commission, committee, or council that:
1158 (a) is created by, and whose duties are provided by, statute or executive order;
1159 (b) performs its duties only under the supervision of another person as provided by
1160 statute; and
1161 (c) provides advice and makes recommendations to another person that makes policy
1162 for the benefit of the general public.
1163 (5) "County executive" means:
1164 (a) the county commission, in the county commission or expanded county commission
1165 form of government established under Title 17, Chapter 52, Changing Forms of County
1167 (b) the county executive, in the county executive-council optional form of government
1168 authorized by Section 17-52-504 ; or
1169 (c) the county manager, in the council-manager optional form of government
1170 authorized by Section 17-52-505 .
1171 (6) "County legislative body" means:
1172 (a) the county commission, in the county commission or expanded county commission
1173 form of government established under Title 17, Chapter 52, Changing Forms of County
1175 (b) the county council, in the county executive-council optional form of government
1176 authorized by Section 17-52-504 ; and
1177 (c) the county council, in the council-manager optional form of government authorized
1178 by Section 17-52-505 .
1179 (7) "Depose" means to make a written statement made under oath or affirmation.
1180 (8) "Executor" includes "administrator" when the subject matter justifies the use.
1181 (9) (a) "Gender" means the either male or female phenotype designation of an
1182 individual as documented by:
1183 (i) the individual's birth certificate, if the individual has not obtained a designation
1184 under Subsection (9)(a)(ii); or
1185 (ii) a signed, written document from a physician, as defined in Section 58-67-102 , that,
1186 based on a physical examination of the individual's genitalia, designates the individual
1187 phenotypically as either male or female, if:
1188 (A) the individual does not have a birth certificate that designates the individual as
1189 either male or female; or
1190 (B) the document conflicts with the individual's birth certificate.
1191 (b) "Gender" does not mean an individual's own opinion of whether the individual is:
1192 (i) male;
1193 (ii) female;
1194 (iii) neither male nor female;
1195 (iv) both male and female; or
1196 (v) another designation.
1197 (c) "Gender" is defined for the purposes of state law only and does not apply to federal
1200 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
1201 or court appointment; or
1202 (b) is appointed by a court to manage the estate of a minor or incapacitated person.
1204 (a) a public bridge;
1205 (b) a county way;
1206 (c) a county road;
1207 (d) a common road; and
1208 (e) a state road.
1210 functioning that:
1211 (a) exists concurrently with deficits in adaptive behavior; and
1212 (b) is manifested during the developmental period as defined in the current edition of
1213 the Diagnostic and Statistical Manual of Mental Disorders, published by the American
1214 Psychiatric Association.
1216 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
1217 Security Act.
1219 (a) land;
1220 (b) a tenement;
1221 (c) a hereditament;
1222 (d) a water right;
1223 (e) a possessory right; and
1224 (f) a claim.
1228 (a) an individual;
1229 (b) an association;
1230 (c) an institution;
1231 (d) a corporation;
1232 (e) a company;
1233 (f) a trust;
1234 (g) a limited liability company;
1235 (h) a partnership;
1236 (i) a political subdivision;
1237 (j) a government office, department, division, bureau, or other body of government;
1239 (k) any other organization or entity.
1241 (a) money;
1242 (b) goods;
1243 (c) chattels;
1244 (d) effects;
1245 (e) evidences of a right in action;
1246 (f) a written instrument by which a pecuniary obligation, right, or title to property is
1247 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
1248 (g) a right or interest in an item described in Subsections [
1250 (a) an executor;
1251 (b) an administrator;
1252 (c) a successor personal representative;
1253 (d) a special administrator; and
1254 (e) a person who performs substantially the same function as a person described in
1255 Subsections [
1257 commission, or council that:
1258 (a) is authorized to make policy for the benefit of the general public;
1259 (b) is created by, and whose duties are provided by, the constitution or statute; and
1260 (c) performs its duties according to its own rules without supervision other than under
1261 the general control of another person as provided by statute.
1263 expressly provided otherwise.
1268 (a) land;
1269 (b) a tenement;
1270 (c) a hereditament;
1271 (d) a water right;
1272 (e) a possessory right; and
1273 (f) a claim.
1275 commission, committee, or council that:
1276 (a) is authorized to approve policy made for the benefit of the general public by another
1277 body or person;
1278 (b) is created by, and whose duties are provided by, statute; and
1279 (c) performs its duties according to its own rules without supervision other than under
1280 the general control of another person as provided by statute.
1282 (a) a public bridge;
1283 (b) a county way;
1284 (c) a county road;
1285 (d) a common road; and
1286 (e) a state road.
1288 authenticate an instrument or writing.
1290 state, district, or territory of the United States.
1294 States of America.
1296 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it
1298 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
1299 (b) (i) after the day described in Subsection [
1300 (ii) before the most recent amendment to the referenced portion of the 1953
1301 recodification of the Utah Code.
1303 boat, and every structure adapted to be navigated from place to place.
1306 (a) the state;
1307 (b) a court; or
1308 (c) a judicial officer.
1310 (a) printing;
1311 (b) handwriting; and
1312 (c) information stored in an electronic or other medium if the information is retrievable
1313 in a perceivable format.
1314 Section 24. Section 78A-6-505 is amended to read:
1315 78A-6-505. Contents of petition.
1316 (1) The petition for termination of parental rights shall include, to the best information
1317 or belief of the petitioner:
1318 (a) the name and place of residence of the petitioner;
1319 (b) the name, [
1320 (c) the relationship of the petitioner to the child;
1321 (d) the names, addresses, and dates of birth of the parents, if known;
1322 (e) the name and address of the person having legal custody or guardianship, or acting
1323 in loco parentis to the child, or the organization or agency having legal custody or providing
1324 care for the child;
1325 (f) the grounds on which termination of parental rights is sought, in accordance with
1326 Section 78A-6-507 ; and
1327 (g) the names and addresses of the persons or the authorized agency to whom legal
1328 custody or guardianship of the child might be transferred.
1329 (2) A copy of any relinquishment or consent, if any, previously executed by the parent
1330 or parents shall be attached to the petition.
1331 Section 25. Section 78B-14-311 (Superseded 07/01/15) is amended to read:
1332 78B-14-311 (Superseded 07/01/15). Pleadings and accompanying documents.
1333 (1) In a proceeding under this chapter, a petitioner seeking to establish a support order,
1334 to determine parentage, or to register and modify a support order of another state must file a
1335 petition. Unless otherwise ordered under Section 78B-14-312 , the petition or accompanying
1336 documents must provide, so far as known, the name, residential address, and Social Security
1337 numbers of the obligor and the obligee or the parent and alleged parent, and the name, [
1338 gender, residential address, Social Security number, and date of birth of each child for whose
1339 benefit support is sought or whose parentage is to be determined. Unless filed at the time of
1340 registration, the petition must be accompanied by a copy of any support order known to have
1341 been issued by another tribunal. The petition may include any other information that may
1342 assist in locating or identifying the respondent.
1343 (2) The petition must specify the relief sought. The petition and accompanying
1344 documents must conform substantially with the requirements imposed by the forms mandated
1345 by federal law for use in cases filed by a support-enforcement agency.
1346 Section 26. Section 78B-14-311 (Effective 07/01/15) is amended to read:
1347 78B-14-311 (Effective 07/01/15). Pleadings and accompanying documents.
1348 (1) In a proceeding under this chapter, a petitioner seeking to establish a support order,
1349 to determine parentage of a child, or to register and modify a support order of a tribunal of
1350 another state or a foreign country shall file a petition. Unless otherwise ordered under Section
1351 78B-14-312 , the petition or accompanying documents shall provide, so far as known, the name,
1352 residential address, and Social Security numbers of the obligor and the obligee or the parent
1353 and alleged parent, and the name, [
1354 and date of birth of each child for whose benefit support is sought or whose parentage is to be
1355 determined. Unless filed at the time of registration, the petition shall be accompanied by a
1356 copy of any support order known to have been issued by another tribunal. The petition may
1357 include any other information that may assist in locating or identifying the respondent.
1358 (2) The petition shall specify the relief sought. The petition and accompanying
1359 documents shall conform substantially with the requirements imposed by the forms mandated
1360 by federal law for use in cases filed by a support enforcement agency.
1361 Section 27. Effective date.
1362 (1) Except as provided in Subsection (2), this bill takes effect on May 13, 2014.
1363 (2) The actions affecting Section 78B-14-311 (Effective 07/01/15) take effect on July
1364 1, 2015.
Legislative Review Note
as of 1-28-14 5:22 PM