Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 156 First Substitute (2017GS)

Sponsor

Rep. Hollins, S.

Final action

Governor Signed 3/22/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides that a public employer may not require an applicant to disclose a past criminal conviction before an initial interview for employment; and
• provides exemptions for certain public employers.

Every vote on this bill

Bill text

STATE JOB APPLICATION PROCESS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sandra Hollins
Senate Sponsor: 
Jani Iwamoto
Cosponsors:
Patrice M. Arent
Joel K. Briscoe
Rebecca Chavez-Houck
Susan Duckworth
Lynn N. Hemingway
Brian S. King
Karen Kwan
Carol Spackman Moss
Marie H. Poulson
Edward H. Redd
Angela Romero
Raymond P. Ward
Elizabeth Weight
Mark A. Wheatley
Mike Winder
LONG TITLE
General Description:
This bill modifies general labor provisions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that a public employer may not require an applicant to disclose a past
criminal conviction before an initial interview for employment; and
▸ provides exemptions for certain public employers.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34-52-101
, Utah Code Annotated 1953
34-52-102
, Utah Code Annotated 1953
34-52-201
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-52-101
 is enacted to read:
CHAPTER 52. REDUCING BARRIERS TO EMPLOYMENT FOR
INDIVIDUALS WITH CRIMINAL RECORDS
 34-52-101.
Title.
This chapter is known as "Reducing Barriers to Employment for Individuals with
Criminal Records."
Section 2. Section 
34-52-102
 is enacted to read:
 34-52-102.
Definitions.
As used in this chapter:
(1) "Applicant" means an individual who provides information to a public employer for
the purpose of obtaining employment.
(2) "Criminal conviction" means a verdict or finding of guilt after a criminal trial or a
plea of guilty or nolo contendere to a criminal charge.
(3) "Public employer" means an employer that is:
(a) the state or any administrative subunit of the state, including a department, division,
board, council, committee, institution, office, bureau, or other similar administrative unit of
state government;
(b) a state institution of higher education; or
(c) a municipal corporation, county, municipality, school district, local district, special
service district, or other political subdivision of the state.
Section 3. Section 
34-52-201
 is enacted to read:
 34-52-201.
Employer requirements.
(1) A public employer may not exclude an applicant from an initial interview because
of a past criminal conviction.
(2) A public employer excludes an applicant from an initial interview if the public
employer:
(a) requires an applicant to disclose, on an employment application, a criminal
conviction;
(b) requires an applicant to disclose, before an initial interview, a criminal conviction;
or
(c) if no interview is conducted, requires an applicant to disclose, before making a
conditional offer of employment, a criminal conviction.
(3) Subject to Subsections (1) and (2), nothing in this section prevents an employer
from:
(a) asking an applicant for information about an applicant's criminal conviction history
during an initial interview or after an initial interview; or
(b) considering an applicant's conviction history when making a hiring decision.
(4) Subsections (1) and (2) do not apply:
(a) if federal, state, or local law, including corresponding administrative rules, requires
the consideration of an applicant's criminal conviction history;
(b) to a public employer that is a law enforcement agency;
(c) to a public employer that is part of the criminal or juvenile justice system;
(d) to a public employer seeking a nonemployee volunteer;
(e) to a public employer that works with children or vulnerable adults;
(f) to the Department of Alcoholic Beverage Control created in Section 
32B-2-203
;
(g) to the State Tax Commission; and
(h) to a public employer whose primary purpose is performing financial or fiduciary
functions.