H.B. 451
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: D.M. Cheung 6
6 02-13-23 9:58 AM 6
H.B. 451
1 STATE ENTITY RESTRICTIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Katy Hall
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill prohibits the use of certain statements or materials by a state entity to
10determine employment, admission, or other benefits, and the use of certain specialized
11services.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <prohibits the use of a prohibited submission in determining employment, admission,
16or other benefits;
17 <creates a limited exception where collecting a prohibited submission is required by
18federal law; and
19 <prohibits the use of certain services.
20Money Appropriated in this Bill:
21 None
22Other Special Clauses:
23 None
24Utah Code Sections Affected:
25ENACTS:
26 53B-27-502, Utah Code Annotated 1953
27 53G-2-103, Utah Code Annotated 1953
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28 63G-6a-121, Utah Code Annotated 1953
29 67-27-105, Utah Code Annotated 1953
30
31Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53B-27-502 is enacted to read:
33 53B-27-502. Prohibition on use of certain submissions in higher education --
34Exceptions.
35 (1) (a) As used in this section, "prohibited submission" means a submission, statement,
36or document that requires a person to articulate or demonstrate the person's position on a policy
37or initiative regarding, or other consideration of, race, color, ethnicity, sex, national origin, or
38age.
39 (b) "Prohibited submission" includes a submission, statement, or document that relates
40to a policy, program, or initiative regarding:
41 (i) diversity, equity, and inclusion;
42 (ii) anti-racism;
43 (iii) implicit bias; or
44 (iv) critical race theory.
45 (2) An institution may not request a prohibited submission to take action with respect
46to:
47 (a) employment, including decisions regarding:
48 (i) hiring;
49 (ii) terms of employment;
50 (iii) benefits;
51 (iv) seniority status;
52 (v) tenure;
53 (vi) promotion;
54 (vii) transfer; or
55 (viii) appointment;
56 (b) admissions and aid, including:
57 (i) admission to any program, club, or course;
58 (ii) financial or other forms of aid or assistance; or 02-13-23 9:58 AM H.B. 451
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59 (iii) other benefits from the institution for which a person is eligible; or
60 (c) degree requirements, including:
61 (i) requirements to obtain credits; or
62 (ii) requirements for graduation.
63 (3) An institution may not grant any form of preferential consideration to a person who,
64without solicitation from the institution, provides a prohibited submission for consideration for
65any action described in Subsection (2).
66 (4) If federal law requires an institution to accept a prohibited statement, the
67institution:
68 (a) may accept the prohibited statement only to the extent required under federal law;
69and
70 (b) shall limit consideration of the information contained in the prohibited statement to
71the extent necessary to satisfy the requirement under federal law.
72 Section 2. Section 53G-2-103 is enacted to read:
73 53G-2-103. Prohibition on use of certain submissions in public education --
74Exceptions.
75 (1) (a) As used in this section, "prohibited submission" means a submission, statement,
76or document that requires a person to articulate or demonstrate the person's position on a policy
77or initiative regarding, or other consideration of, race, color, ethnicity, sex, national origin, or
78age.
79 (b) "Prohibited submission" includes a submission, statement, or document that relates
80to a policy, program, or initiative regarding:
81 (i) diversity, equity, and inclusion;
82 (ii) anti-racism;
83 (iii) implicit bias; or
84 (iv) critical race theory.
85 (2) An LEA or district school may not request a prohibited submission to take action
86with respect to:
87 (a) employment, including decisions regarding:
88 (i) hiring;
89 (ii) terms of employment; H.B. 451 02-13-23 9:58 AM
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90 (iii) benefits;
91 (iv) seniority status;
92 (v) tenure;
93 (vi) promotion;
94 (vii) transfer; or
95 (viii) appointment; or
96 (b) admissions and aid, including:
97 (i) admission to any program, club, or course;
98 (ii) financial or other forms of aid or assistance; and
99 (iii) other benefits from the institution for which a person is eligible.
100 (3) An LEA or district school may not grant any form of preferential consideration to a
101person who, without solicitation from the LEA or district school, provides a prohibited
102submission for consideration for any action described in Subsection (2).
103 (4) If federal law requires an LEA or district school to accept a prohibited statement,
104the LEA or district school:
105 (a) may accept the prohibited statement only to the extent required under federal law;
106and
107 (b) shall limit consideration of the information contained in the prohibited statement to
108the extent necessary to satisfy the requirement under federal law.
109 Section 3. Section 63G-6a-121 is enacted to read:
110 63G-6a-121. Prohibition on engaging certain services.
111 (1) As used in this section, "prohibited service" means paid advice, analysis, or training
112on:
113 (a) diversity, equity, and inclusion;
114 (b) anti-racism;
115 (c) critical race theory;
116 (d) implicit bias; or
117 (e) a topic that is related or similar to a topic described in Subsections (1)(a) through
118(d).
119 (2) The following procurement units may not procure a prohibited service:
120 (a) an executive branch procurement unit; 02-13-23 9:58 AM H.B. 451
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121 (b) a legislative procurement unit; and
122 (c) an educational procurement unit.
123 (3) (a) Except as provided in Subsection (3)(b), this section does not affect a contract
124entered into before May 3, 2023.
125 (b) Notwithstanding Section 63G-6a-802.7 and any other provision in this chapter, a
126procurement unit described in Subsection (2) may not extend, expand, or renew a procurement
127for a prohibited service that was entered into before May 3, 2023.
128 (4) (a) Notwithstanding Section 63G-6a-107.6, this section applies to a public entity's
129acquisition of a prohibited service from another public entity.
130 (b) A procurement unit described in Subsection (2) may not accept grant funding to
131procure a prohibited service.
132 (c) Notwithstanding Subsection 63G-6a-107.2(2), a procurement unit may not accept
133grant funding, federal or state assistance, federal contract funds, local matching funds, or
134federal financial participation funds:
135 (i) for a prohibited service; or
136 (ii) if the acceptance of the funds requires the procurement unit to engage or provide a
137prohibited service.
138 Section 4. Section 67-27-105 is enacted to read:
139 67-27-105. Prohibition on use of certain submissions by governmental employers
140-- Exception.
141 (1) As used in this section:
142 (a) (i) "Governmental employer" means any department, division, agency, commission,
143board, council, committee, authority, or any other institution of the state.
144 (ii) "Governmental employer" does not include a political subdivision.
145 (b) (i) "Prohibited submission" means a submission, statement, or document that
146requires a person to articulate or demonstrate the person's position on a policy or initiative
147regarding, or other consideration of, race, color, ethnicity, sex, national origin, or age.
148 (ii) "Prohibited submission" includes a submission, statement, or document that relates
149to a policy, program, or initiative regarding:
150 (A) diversity, equity, and inclusion;
151 (B) anti-racism; H.B. 451 02-13-23 9:58 AM
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152 (C) implicit bias; or
153 (D) critical race theory.
154 (2) A governmental employer may not request a prohibited submission to take action
155with respect to:
156 (a) employment, including decisions regarding:
157 (i) hiring;
158 (ii) terms of employment;
159 (iii) benefits;
160 (iv) seniority status;
161 (v) tenure;
162 (vi) promotion;
163 (vii) transfer; or
164 (viii) appointment; or
165 (b) admissions and aid, including:
166 (i) admission to any program, club, or course;
167 (ii) financial or other forms of aid or assistance; and
168 (iii) other benefits from the institution for which a person is eligible.
169 (3) A governmental employer may not grant any form of preferential consideration to a
170person who, without solicitation from the governmental employer, provides a prohibited
171submission for any action described in Subsection (2).
172 (4) If federal law requires a governmental employer to accept a prohibited statement,
173the governmental employer:
174 (a) may accept the prohibited statement only to the extent required under federal law;
175and
176 (b) shall limit consideration of the information contained in the prohibited statement to
177the extent necessary to satisfy the requirement under federal law.