Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 219 (2016GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the Division of Antidiscrimination and Labor, established under the Labor Commission, to initiate a civil action in a court to enforce the terms of a conciliation agreement in the event of a breach; and
• makes technical changes.

Every vote on this bill

Bill text

FAIR HOUSING ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Kay L. McIff
LONG TITLE
General Description:
This bill amends provisions in the Utah Fair Housing Act regarding enforcement.
Highlighted Provisions:
This bill:
▸ authorizes the Division of Antidiscrimination and Labor, established under the
Labor Commission, to initiate a civil action in a court to enforce the terms of a
conciliation agreement in the event of a breach; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-21-8
, as last amended by Laws of Utah 2008, Chapter 382
57-21-9
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-21-8
 is amended to read:
57-21-8.
Jurisdiction -- Commission -- Division.
(1) The commission has jurisdiction over the subject of housing discrimination under
this chapter and may delegate the responsibility of receiving, processing, and investigating
allegations of discriminatory housing practices and enforcing this chapter to the division.
(2) The commission may:
(a) 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules necessary to administer this chapter [
in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
];
(b) appoint and prescribe the duties of investigators, legal counsel, and other
employees and agents that it considers necessary for the enforcement of this chapter; and
(c) issue subpoenas to compel the attendance of witnesses or the production of
evidence for use in any investigation, conference, or hearing conducted by the division, and if a
person fails to comply with [
such
] a subpoena, petition a court of competent jurisdiction for an
order to show cause why that person should not be held in contempt.
(3) The division:
(a) may receive, reject, investigate, and determine complaints alleging discriminatory
housing practices prohibited by this chapter;
(b) shall attempt conciliation between the parties through informal efforts, conference,
persuasion, or other reasonable methods for the purposes of resolving the complaint;
(c) may seek prompt judicial action for appropriate temporary or preliminary relief
pending final disposition of a complaint if the division and the commission conclude that
[
such
] an action is necessary to carry out the purposes of this chapter;
(d) may, with the commission, initiate a civil action in a court of competent jurisdiction
to:
(i) enforce the rights granted or protected under this chapter;
(ii) seek injunctive or other equitable relief, including temporary restraining orders,
preliminary injunctions, or permanent injunctions;
(iii) seek damages; [
and
]
(iv) enforce final commission orders on the division's own behalf or on behalf of
another person in order to carry out the purposes of this chapter; 
and
(v) enforce the terms of a conciliation agreement in the event of a breach;
(e) may initiate formal agency action under Title 63G, Chapter 4, Administrative
Procedures Act; and
(f) may promote public awareness of the rights and remedies under this chapter by
implementing programs to increase the awareness of landlords, real estate agents, and other
citizens of their rights and responsibilities under the Utah Fair Housing Act, but may not solicit
fair housing complaints or cases.
Section 2. Section 
57-21-9
 is amended to read:
57-21-9.
Procedure for an aggrieved person to file a complaint -- Conciliation --
Investigation -- Determination.
(1) [
Any
] 
An
 aggrieved person may file a written verified complaint with the division
within 180 days after an alleged discriminatory housing practice occurs.
(2) (a) The commission shall adopt rules consistent with the provisions of 24 C.F.R.
Sec. 115.3 (1990), relating to procedures under related federal law, to govern:
(i) the form of the complaint;
(ii) the form of any answer to the complaint;
(iii) procedures for filing or amending a complaint or answer; and
(iv) the form of notice to parties accused of the acts or omissions giving rise to the
complaint.
(b) The commission may, by rule, prescribe any other procedure pertaining to the
division's processing of the complaint.
(3) During the period beginning with the filing of the complaint and ending with the
director's determination, the division shall, to the extent feasible, engage in conciliation with
respect to the complaint.
(4) The division shall commence proceedings to investigate and conciliate a complaint
alleging a discriminatory housing practice within 30 days after the filing of the complaint. 
After the commencement of an investigation, any party may request that the commission
review the proceedings to insure compliance with the requirements of this chapter.
(5) The division shall complete the investigation within 100 days after the filing of the
complaint, unless it is impracticable to do so. If the division is unable to complete the
investigation within 100 days after the filing of the complaint, the division shall notify the
complainant and respondent in writing of the reasons for the delay.
(6) (a) If, as a result of the division's investigation, the director determines that there is
no reasonable cause to support the allegations in the complaint, the director shall issue a
written determination dismissing the complaint.
(b) If the director dismisses the complaint pursuant to Subsection (6)(a), the
complainant may request that the director reconsider the dismissal pursuant to Section
63G-4-302
.
(c) Notwithstanding the provisions of Title 63G, Chapter 4, Administrative Procedures
Act, the director's determination to dismiss a complaint or, in the case of a request for
reconsideration, the director's order denying reconsideration is not subject to further agency
action or direct judicial review. However, the complainant may commence a private action
pursuant to Section 
57-21-12
.
(7) If, as a result of the division's investigation of a complaint, the director determines
that there is reasonable cause to support the allegations in the complaint, all of the following
apply:
(a) The division shall informally endeavor to eliminate or correct the discriminatory
housing practice through a conciliation conference between the parties, presided over by the
division. Nothing said or done in the course of the conciliation conference may be made public
or admitted as evidence in a subsequent proceeding under this chapter without the written
consent of the parties concerned.
(b) If the conciliation conference results in voluntary compliance with this chapter, a
conciliation agreement
, approved by the division,
 setting forth the resolution of the issues shall
be executed by the parties [
and approved by the division
]. The parties 
or the division
 may
enforce the conciliation agreement in an action filed in a court of competent jurisdiction.
(c) If the division is unable to obtain a conciliation agreement, the director shall issue a
written determination stating the director's findings and ordering any appropriate relief under
Section 
57-21-11
.