1st Sub. H.B. 451
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: D.M. Cheung 6
6 02-22-23 8:07 AM 6
H.B. 451
1st Sub. (Buff)
Representative Katy Hall proposes the following substitute bill:
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.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <prohibits the use of a prohibited submission in determining employment, admission,
15or other benefits; and
16 <creates limited exceptions to the prohibition in this bill.
17Money Appropriated in this Bill:
18 None
19Other Special Clauses:
20 None
21Utah Code Sections Affected:
22ENACTS:
23 53B-27-502, Utah Code Annotated 1953
24 53G-2-103, Utah Code Annotated 1953
25 67-27-105, Utah Code Annotated 1953
*HB0451S01* 1st Sub. (Buff) H.B. 451 02-22-23 8:07 AM
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26
27Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53B-27-502 is enacted to read:
29 53B-27-502. Prohibition on use of certain submissions in higher education --
30Exceptions.
31 (1) (a) As used in this section, "prohibited submission" means a submission, statement,
32or document that requires a person to articulate the person's personal beliefs or position on a
33policy or initiative that promotes differential treatment based on race, color, ethnicity, sex,
34national origin, or age.
35 (b) "Prohibited submission" includes a submission, statement, or document that relates
36to a policy, program, or initiative regarding:
37 (i) diversity, equity, and inclusion;
38 (ii) anti-racism;
39 (iii) implicit bias; or
40 (iv) critical race theory.
41 (c) "Prohibited submission" does not include a submission, statement, or document if:
42 (i) the job title for the position includes a phrase listed in Subsections (1)(b)(i) through
43(iv); and
44 (ii) the submission, statement, or document relates to a bona fide occupational
45qualification for the position.
46 (2) An institution may not request a prohibited submission as a certification or
47condition prior to taking action with respect to:
48 (a) employment, including decisions regarding:
49 (i) hiring;
50 (ii) terms of employment;
51 (iii) benefits;
52 (iv) seniority status;
53 (v) tenure;
54 (vi) promotion;
55 (vii) transfer; or
56 (viii) appointment; 02-22-23 8:07 AM 1st Sub. (Buff) H.B. 451
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57 (b) admission to or graduation from the institution or an academic program; or
58 (c) qualification for or receipt of state financial aid or other state financial assistance.
59 (3) An institution may not grant any form of preferential consideration to a person who,
60without solicitation from the institution, provides a prohibited submission for consideration for
61any action described in Subsection (2).
62 (4) If federal law requires an institution to accept a prohibited statement, the
63institution:
64 (a) may accept the prohibited statement only to the extent required under federal law;
65and
66 (b) shall limit consideration of the information contained in the prohibited statement to
67the extent necessary to satisfy the requirement under federal law.
68 (5) Nothing in this section prohibits an institution from requiring compliance with an
69institution's specific policies that are necessary to comply with state or federal laws and
70regulations, including those relating to prohibited discrimination or harassment.
71 Section 2. Section 53G-2-103 is enacted to read:
72 53G-2-103. Prohibition on use of certain submissions in public education --
73Exceptions.
74 (1) (a) As used in this section, "prohibited submission" means a submission, statement,
75or document that requires a person to articulate the person's position on a policy or initiative
76that promotes differential treatment based on race, color, ethnicity, sex, national origin, or age.
77 (b) "Prohibited submission" includes a submission, statement, or document that relates
78to a policy, program, or initiative regarding:
79 (i) diversity, equity, and inclusion;
80 (ii) anti-racism;
81 (iii) implicit bias; or
82 (iv) critical race theory.
83 (c) "Prohibited submission" does not include a submission, statement, or document if:
84 (i) the job title for the position includes a phrase listed in Subsections (1)(b)(i) through
85(iv); and
86 (ii) the submission, statement, or document relates to a bona fide occupational
87qualification for the position. 1st Sub. (Buff) H.B. 451 02-22-23 8:07 AM
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88 (2) An LEA or district school may not request a prohibited submission as a
89certification or condition prior to taking action with respect to:
90 (a) employment, including decisions regarding:
91 (i) hiring;
92 (ii) terms of employment;
93 (iii) benefits;
94 (iv) seniority status;
95 (v) tenure;
96 (vi) promotion;
97 (vii) transfer; or
98 (viii) appointment;
99 (b) admission to or graduation from the LEA or district school; or
100 (c) qualification for or receipt of state financial aid or other state financial assistance.
101 (3) An LEA or district school may not grant any form of preferential consideration to a
102person who, without solicitation from the LEA or district school, provides a prohibited
103submission for consideration for any action described in Subsection (2).
104 (4) If federal law requires an LEA or district school to accept a prohibited statement,
105the LEA or district school:
106 (a) may accept the prohibited statement only to the extent required under federal law;
107and
108 (b) shall limit consideration of the information contained in the prohibited statement to
109the extent necessary to satisfy the requirement under federal law.
110 (5) Nothing in this section prohibits an LEA or district school from requiring
111compliance with an LEA's or district school's specific policies that are necessary to comply
112with state or federal laws and regulations, including those relating to prohibited discrimination
113or harassment.
114 Section 3. Section 67-27-105 is enacted to read:
115 67-27-105. Prohibition on use of certain submissions by governmental employers
116-- Exception.
117 (1) As used in this section:
118 (a) (i) "Governmental employer" means any department, division, agency, commission, 02-22-23 8:07 AM 1st Sub. (Buff) H.B. 451
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119board, council, committee, authority, or any other institution of the state.
120 (ii) "Governmental employer" does not include a political subdivision.
121 (b) (i) "Prohibited submission" means a submission, statement, or document that
122requires a person to articulate the person's position on a policy or initiative that promotes
123differential treatment based on race, color, ethnicity, sex, national origin, or age.
124 (ii) "Prohibited submission" includes a submission, statement, or document that relates
125to a policy, program, or initiative regarding:
126 (A) diversity, equity, and inclusion;
127 (B) anti-racism;
128 (C) implicit bias; or
129 (D) critical race theory.
130 (iii) "Prohibited submission" does not include a submission, statement, or document if:
131 (A) the job title for the position includes a phrase listed in Subsections (1)(b)(ii)(A)
132through (D); and
133 (B) the submission, statement, or document relates to a bona fide occupational
134qualification for the position.
135 (2) A governmental employer may not request a prohibited submission to take action
136with respect to:
137 (a) employment, including decisions regarding:
138 (i) hiring;
139 (ii) terms of employment;
140 (iii) benefits;
141 (iv) seniority status;
142 (v) tenure;
143 (vi) promotion;
144 (vii) transfer; or
145 (viii) appointment; or
146 (b) admissions and aid, including:
147 (i) admission to any state program or course;
148 (ii) financial or other forms of state-administered aid or assistance; and
149 (iii) other benefits from the governmental employer for which a person is eligible. 1st Sub. (Buff) H.B. 451 02-22-23 8:07 AM
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150 (3) A governmental employer may not grant any form of preferential consideration to a
151person who, without solicitation from the governmental employer, provides a prohibited
152submission for any action described in Subsection (2).
153 (4) If federal law requires a governmental employer to accept a prohibited statement,
154the governmental employer:
155 (a) may accept the prohibited statement only to the extent required under federal law;
156and
157 (b) shall limit consideration of the information contained in the prohibited statement to
158the extent necessary to satisfy the requirement under federal law.
159 (5) Nothing in this section prohibits a governmental employer from:
160 (a) requiring compliance with state or federal laws and regulations, including those
161relating to prohibited discrimination or harassment; or
162 (b) enforcing state or federal laws and regulations, including those relating to
163prohibited discrimination or harassment.