Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 451 First Substitute (2023GS)

Sponsor

Rep. Hall, K.

Final action

House/ filed 3/3/2023

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• prohibits the use of a prohibited submission in determining employment, admission, or other benefits;
• creates a limited exception where collecting a prohibited submission is required by federal law; and
• prohibits the use of certain services.

Every vote on this bill

Bill text

STATE ENTITY RESTRICTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill prohibits the use of certain statements or materials by a state entity to
determine employment, admission, or other benefits, and the use of certain specialized
services.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits the use of a prohibited submission in determining employment, admission,
or other benefits;
▸ creates a limited exception where collecting a prohibited submission is required by
federal law; and
▸ prohibits the use of certain services.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53B-27-502
, Utah Code Annotated 1953
53G-2-103
, Utah Code Annotated 1953
63G-6a-121
, Utah Code Annotated 1953
67-27-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-27-502
 is enacted to read:
 53B-27-502.
Prohibition on use of certain submissions in higher education --
Exceptions.
(1) (a) As used in this section, "prohibited submission" means a submission, statement,
or document that requires a person to articulate or demonstrate the person's position on a policy
or initiative regarding, or other consideration of, race, color, ethnicity, sex, national origin, or
age.
(b) "Prohibited submission" includes a submission, statement, or document that relates
to a policy, program, or initiative regarding:
(i) diversity, equity, and inclusion;
(ii) anti-racism;
(iii) implicit bias; or
(iv) critical race theory.
(2) An institution may not request a prohibited submission to take action with respect
to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) seniority status;
(v) tenure;
(vi) promotion;
(vii) transfer; or
(viii) appointment;
(b) admissions and aid, including:
(i) admission to any program, club, or course;
(ii) financial or other forms of aid or assistance; or
(iii) other benefits from the institution for which a person is eligible; or
(c) degree requirements, including:
(i) requirements to obtain credits; or
(ii) requirements for graduation.
(3) An institution may not grant any form of preferential consideration to a person who,
without solicitation from the institution, provides a prohibited submission for consideration for
any action described in Subsection (2).
(4) If federal law requires an institution to accept a prohibited statement, the
institution:
(a) may accept the prohibited statement only to the extent required under federal law;
and
(b) shall limit consideration of the information contained in the prohibited statement to
the extent necessary to satisfy the requirement under federal law.
Section 2. Section 
53G-2-103
 is enacted to read:
 53G-2-103.
Prohibition on use of certain submissions in public education --
Exceptions.
(1) (a) As used in this section, "prohibited submission" means a submission, statement,
or document that requires a person to articulate or demonstrate the person's position on a policy
or initiative regarding, or other consideration of, race, color, ethnicity, sex, national origin, or
age.
(b) "Prohibited submission" includes a submission, statement, or document that relates
to a policy, program, or initiative regarding:
(i) diversity, equity, and inclusion;
(ii) anti-racism;
(iii) implicit bias; or
(iv) critical race theory.
(2) An LEA or district school may not request a prohibited submission to take action
with respect to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) seniority status;
(v) tenure;
(vi) promotion;
(vii) transfer; or
(viii) appointment; or
(b) admissions and aid, including:
(i) admission to any program, club, or course;
(ii) financial or other forms of aid or assistance; and
(iii) other benefits from the institution for which a person is eligible.
(3) An LEA or district school may not grant any form of preferential consideration to a
person who, without solicitation from the LEA or district school, provides a prohibited
submission for consideration for any action described in Subsection (2).
(4) If federal law requires an LEA or district school to accept a prohibited statement,
the LEA or district school:
(a) may accept the prohibited statement only to the extent required under federal law;
and
(b) shall limit consideration of the information contained in the prohibited statement to
the extent necessary to satisfy the requirement under federal law.
Section 3. Section 
63G-6a-121
 is enacted to read:
 63G-6a-121.
Prohibition on engaging certain services.
(1) As used in this section, "prohibited service" means paid advice, analysis, or training
on:
(a) diversity, equity, and inclusion;
(b) anti-racism;
(c) critical race theory;
(d) implicit bias; or
(e) a topic that is related or similar to a topic described in Subsections (1)(a) through
(d).
(2) The following procurement units may not procure a prohibited service:
(a) an executive branch procurement unit;
(b) a legislative procurement unit; and
(c) an educational procurement unit.
(3) (a) Except as provided in Subsection (3)(b), this section does not affect a contract
entered into before May 3, 2023.
(b) Notwithstanding Section 
63G-6a-802.7
 and any other provision in this chapter, a
procurement unit described in Subsection (2) may not extend, expand, or renew a procurement
for a prohibited service that was entered into before May 3, 2023.
(4) (a) Notwithstanding Section 
63G-6a-107.6
, this section applies to a public entity's
acquisition of a prohibited service from another public entity.
(b) A procurement unit described in Subsection (2) may not accept grant funding to
procure a prohibited service.
(c) Notwithstanding Subsection 
63G-6a-107.2
(2), a procurement unit may not accept
grant funding, federal or state assistance, federal contract funds, local matching funds, or
federal financial participation funds:
(i) for a prohibited service; or
(ii) if the acceptance of the funds requires the procurement unit to engage or provide a
prohibited service.
Section 4. Section 
67-27-105
 is enacted to read:
 67-27-105.
Prohibition on use of certain submissions by governmental employers
-- Exception.
(1) As used in this section:
(a) (i) "Governmental employer" means any department, division, agency, commission,
board, council, committee, authority, or any other institution of the state.
(ii) "Governmental employer" does not include a political subdivision.
(b) (i) "Prohibited submission" means a submission, statement, or document that
requires a person to articulate or demonstrate the person's position on a policy or initiative
regarding, or other consideration of, race, color, ethnicity, sex, national origin, or age.
(ii) "Prohibited submission" includes a submission, statement, or document that relates
to a policy, program, or initiative regarding:
(A) diversity, equity, and inclusion;
(B) anti-racism;
(C) implicit bias; or
(D) critical race theory.
(2) A governmental employer may not request a prohibited submission to take action
with respect to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) seniority status;
(v) tenure;
(vi) promotion;
(vii) transfer; or
(viii) appointment; or
(b) admissions and aid, including:
(i) admission to any program, club, or course;
(ii) financial or other forms of aid or assistance; and
(iii) other benefits from the institution for which a person is eligible.
(3) A governmental employer may not grant any form of preferential consideration to a
person who, without solicitation from the governmental employer, provides a prohibited
submission for any action described in Subsection (2).
(4) If federal law requires a governmental employer to accept a prohibited statement,
the governmental employer:
(a) may accept the prohibited statement only to the extent required under federal law;
and
(b) shall limit consideration of the information contained in the prohibited statement to
the extent necessary to satisfy the requirement under federal law.