7 Patrice M. Arent
8 Joel K. Briscoe
9 Rebecca Chavez-Houck
10 Susan Duckworth
11 Lynn N. Hemingway
Brian S. King
Carol Spackman Moss
Marie H. Poulson
Edward H. Redd
Raymond P. Ward
Mark A. Wheatley
13 LONG TITLE
14 General Description:
15 This bill modifies general labor provisions.
16 Highlighted Provisions:
17 This bill:
18 ▸ defines terms;
19 ▸ provides that a public employer may not require an applicant to disclose a past
20 criminal conviction before an initial interview for employment; and
21 ▸ provides exemptions for certain public employers.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 34-52-101, Utah Code Annotated 1953
29 34-52-102, Utah Code Annotated 1953
30 34-52-201, Utah Code Annotated 1953
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 34-52-101 is enacted to read:
36 34-52-101. Title.
37 This chapter is known as "Reducing Barriers to Employment for Individuals with
38 Criminal Records."
39 Section 2. Section 34-52-102 is enacted to read:
40 34-52-102. Definitions.
41 As used in this chapter:
42 (1) "Applicant" means an individual who provides information to a public employer for
43 the purpose of obtaining employment.
44 (2) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a
45 plea of guilty or nolo contendere to a criminal charge.
46 (3) "Public employer" means an employer that is:
47 (a) the state or any administrative subunit of the state, including a department, division,
48 board, council, committee, institution, office, bureau, or other similar administrative unit of
49 state government;
50 (b) a state institution of higher education; or
51 (c) a municipal corporation, county, municipality, school district, local district, special
52 service district, or other political subdivision of the state.
53 Section 3. Section 34-52-201 is enacted to read:
54 34-52-201. Employer requirements.
55 (1) A public employer may not exclude an applicant from an initial interview because
56 of a past criminal conviction.
57 (2) A public employer excludes an applicant from an initial interview if the public
59 (a) requires an applicant to disclose, on an employment application, a criminal
61 (b) requires an applicant to disclose, before an initial interview, a criminal conviction;
63 (c) if no interview is conducted, requires an applicant to disclose, before making a
64 conditional offer of employment, a criminal conviction.
65 (3) Subject to Subsections (1) and (2), nothing in this section prevents an employer
67 (a) asking an applicant for information about an applicant's criminal conviction history
68 during an initial interview or after an initial interview; or
69 (b) considering an applicant's conviction history when making a hiring decision.
70 (4) Subsections (1) and (2) do not apply:
71 (a) if federal, state, or local law, including corresponding administrative rules, requires
72 the consideration of an applicant's criminal conviction history;
73 (b) to a public employer that is a law enforcement agency;
74 (c) to a public employer that is part of the criminal or juvenile justice system;
75 (d) to a public employer seeking a nonemployee volunteer;
76 (e) to a public employer that works with children or vulnerable adults;
77 (f) to the Department of Alcoholic Beverage Control created in Section 32B-2-203;
78 (g) to the State Tax Commission; and
79 (h) to a public employer whose primary purpose is performing financial or fiduciary