This document includes House Floor Amendments incorporated into the bill on Thu, Feb 23, 2017 at 4:54 PM by ryoung.
This document includes Senate Committee Amendments incorporated into the bill on Wed, Mar 1, 2017 at 1:56 PM by lpoole.
This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 9, 2017 at 4:05 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies general labor provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides that a public employer may not require an applicant to disclose a past
14 criminal conviction before an initial interview for employment; and
15 ▸ provides exemptions for certain public employers.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 34-52-101, Utah Code Annotated 1953
23 34-52-102, Utah Code Annotated 1953
24 34-52-201, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 34-52-101 is enacted to read:
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30 34-52-101. Title.
31 This chapter is known as "Reducing Barriers to Employment for Individuals with
32 Criminal Records."
33 Section 2. Section 34-52-102 is enacted to read:
34 34-52-102. Definitions.
35 As used in this chapter:
36 (1) "Applicant" means an individual who provides information to a public employer for
37 the purpose of obtaining employment.
38 (2) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a
39 plea of guilty or nolo contendere to a criminal charge.
40 (3) "Public employer" means an employer that is:
41 (a) the state or any administrative subunit of the state, including a department, division,
42 board, council, committee, institution, office, bureau, or other similar administrative unit of
43 state government;
44 (b) a state institution of higher education; or
45 (c) a municipal corporation, county, municipality, school district, local district, special
46 service district, or other political subdivision of the state.
47 Section 3. Section 34-52-201 is enacted to read:
48 34-52-201. Employer requirements.
49 (1) A public employer may not exclude an applicant from an initial interview because
50 of a past criminal conviction.
51 (2) A public employer excludes an applicant from an initial interview if the public
52 employer:
53 (a) requires an applicant to disclose, on an employment application, a criminal
54 conviction;
55 (b) requires an applicant to disclose, before an initial interview, a criminal conviction;
56 or
57 (c) if no interview is conducted, requires an applicant to disclose, before making a
58 conditional offer of employment, a criminal conviction.
59 (3) Subject to Subsections (1) and (2), nothing in this section prevents an employer
60 from:
61 (a) asking an applicant for information about an applicant's criminal conviction history
62 during an initial interview or after an initial interview; or
63 (b) considering an applicant's conviction history when making a hiring decision.
64 (4) Subsections (1) and (2) do not apply:
65 (a) if federal, state, or local law, including corresponding administrative rules, requires
66 the consideration of an applicant's criminal conviction history;
67 (b) to a public employer that is a law enforcement agency;
68 (c) to a public employer that is part of the criminal Ĥ→ or juvenile ←Ĥ justice system;
69 (d) to a public employer seeking a nonemployee volunteer;
70 (e) to a public employer that works with children or vulnerable adults Ĥ→ [
71 human services system
72 (f) to the Department of Alcoholic Beverage Control created in Section 32B-2-203 Ŝ→ [
72a
72b Ŝ→ [
72c (h) to a public employer whose primary purpose is performing financial or fiduciary
72d functions. ←Ŝ