Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 261 Fourth Substitute (2024GS)

Sponsor

Rep. Hall, K.

Final action

Governor Signed 1/30/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits an institution of higher education, the public education system, and a governmental employer from:
• requiring an individual, before, during, or after admission or employment, to provide certain submissions or attend certain training that promotes differential treatment;
• using an individual's certain characteristics in decisions regarding aspects of employment or education; and
• engaging in certain practices;
• requires the Utah Board of Higher Education (board), the State Board of Education (state board), the state auditor, and executive agency directors to review and report compliance with certain requirements;
• prohibits an institution of higher education, the state board, and a governmental employer from establishing or maintaining an office that engages in certain practices;
• requires an institution of higher education to:
• contract with a third party to conduct campus climate surveys;
• provide certain training; and
• collect and send the surveys to the Office of Legislative Research and General Counsel (OLRGC);
• requires OLRGC to provide campus climate survey summaries to the Education Interim Committee at certain times;
• provides for certain measures of legislative oversight;

Every vote on this bill

Bill text

EQUAL OPPORTUNITY INITIATIVES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: 
Keith Grover
LONG TITLE
General Description:
This bill prohibits an institution of higher education, the public education system, and a
governmental employer from taking certain actions and engaging in discriminatory
practices.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits an institution of higher education, the public education system, and a
governmental employer from:
• requiring an individual, before, during, or after admission or employment, to
provide certain submissions or attend certain training that promotes differential
treatment;
• using an individual's certain characteristics in decisions regarding aspects of
employment or education; and
• engaging in certain practices;
▸ requires the Utah Board of Higher Education (board), the State Board of Education
(state board), the state auditor, and executive agency directors to review and report
compliance with certain requirements;
▸ prohibits an institution of higher education, the state board, and a governmental
employer from establishing or maintaining an office that engages in certain
practices;
▸ requires an institution of higher education to:
• contract with a third party to conduct campus climate surveys;
• provide certain training; and
• collect and send the surveys to the Office of Legislative Research and General
Counsel (OLRGC);
▸ requires OLRGC to provide campus climate survey summaries to the Education
Interim Committee at certain times;
▸ provides for certain measures of legislative oversight;
▸ appropriates funding for a certain institution of higher education program;
▸ provides that an individual may submit a complaint for noncompliance to:
• for an institution, the board; or
• for public education, the state board;
▸ provides limited exceptions to the prohibitions in this bill; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53B-1-301
, as last amended by Laws of Utah 2023, Chapter 374
53E-1-201
, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380
67-3-1
, as last amended by Laws of Utah 2023, Chapters 16, 330, 353, and 480
ENACTS:
53B-1-116
, Utah Code Annotated 1953
53B-1-117
, Utah Code Annotated 1953
53B-1-118
, Utah Code Annotated 1953
53E-3-1101
, Utah Code Annotated 1953
53G-2-103
, Utah Code Annotated 1953
53G-2-104
, Utah Code Annotated 1953
53G-2-105
, Utah Code Annotated 1953
67-27-105
, Utah Code Annotated 1953
67-27-106
, Utah Code Annotated 1953
67-27-107
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53B-1-116
 is enacted to read:
 53B-1-116.
Prohibition on the use of certain submissions in higher education --
Exceptions.
(1) As used in this section, "prohibited submission" means the same as that term is
defined in Section 
67-27-105
.
(2) Except as provided in Subsections (4) and (6), an institution may not require,
request, solicit, or compel a prohibited submission as a certification or condition before taking
action with respect to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) compensation;
(v) seniority status;
(vi) tenure or continuing status;
(vii) promotion;
(viii) performance reviews;
(ix) transfer;
(x) termination; or
(xi) appointment;
(b) admission to, advancement in, or graduation from an institution or an academic
program;
(c) participation in an institution-sponsored program; or
(d) qualification for or receipt of state financial aid or other state financial assistance.
(3) An institution may not grant any form of preferential consideration to an individual
who, with or 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 or require a prohibited submission,
the institution:
(a) may accept the prohibited submission only to the extent required under federal law;
and
(b) shall limit consideration of the information contained in the prohibited submission
to the extent necessary to satisfy the requirement under federal law.
(5) For a required prohibited submission under Subsection (4), an institution shall:
(a) prepare a report to the institution's governing board detailing the circumstances
under which a prohibited submission is required; and
(b) publish the report described in Subsection (5)(a) on the institution's governing
board website in a conspicuous location.
(6) Nothing in this section limits or prohibits an institution's authority to establish
policies that:
(a) are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment;
(b) require disclosure of an employee's academic research, classroom teaching, or
coursework; or
(c) require an applicant for employment, tenure, or promotion to disclose or discuss the
applicant's:
(i) research;
(ii) teaching agenda;
(iii) artistic creations; or
(iv) pedagogical approaches or experiences with students of all learning abilities.
(7) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an
institution of higher education's compliance with this section as follows:
(i) for 2025, on each institution of higher education; and
(ii) for 2026, and every year after, on one-half of the degree granting institutions of
higher education and one-half of the technical colleges.
(b) If the board identifies a violation of this section, the board shall:
(i) on or before 30 days after the day on which the board identifies the violation, work
with the institution to create a remediation plan; and
(ii) provide the institution 180 days after the day of the creation of the remediation plan
to cure the violation.
(8) On or before November 1 of each year, the board shall prepare and submit a report
to the Higher Education Appropriations Subcommittee on:
(a) the review process and each institution's compliance determination; or
(b) if a violation is identified, the remediation plan and progress under Subsection
(7)(b).
(9) The Legislature may withhold future state appropriations to an institution that fails
to cure a violation of this section within the time provided under Subsection (7)(b).
(10) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish a procedure for accepting and processing an
individual's complaint against an institution for an alleged violation of this section.
Section 2. Section 
53B-1-117
 is enacted to read:
 53B-1-117.
Prohibition on the use of certain training in higher education --
Exceptions.
(1) As used in this section:
(a) "Prohibited training" means a mandatory instructional program and related
materials that an institution requires the institution's employees, prospective employees,
students, or prospective students, to attend that promote prohibited discriminatory practices as
that term is defined in Section 
53B-1-118
.
(b) "Prohibited training" includes an in-person or online seminar, discussion group,
workshop, other program, or related materials.
(2) An institution may not require prohibited training.
(3) An institution shall annually train the institution's faculty and staff on academic
freedom and freedom of speech in accordance with state or federal law.
(4) Nothing in this section limits or prohibits an institution's authority to establish
policies that are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment.
(5) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an
institution of higher education's compliance with this section as follows:
(i) for 2025, on each institution of higher education; and
(ii) for 2026, and every year after, on one-half of the institutions of higher education
and one-half of the technical colleges.
(b) If the board identifies a violation of this section, the board shall:
(i) on or before 30 days after the day on which the board identifies the violation, work
with the institution to create a remediation plan; and
(ii) provide the institution 180 days after the day of the creation of the remediation plan
to cure the violation.
(6) On or before November 1 of each year, the board shall prepare and submit a report
to the Higher Education Appropriations Subcommittee on:
(a) the review process and each institution's compliance determination; or
(b) if a violation is identified, the remediation plan and progress under Subsection
(5)(b).
(7) The Legislature may withhold future state appropriations to an institution that fails
to cure a violation of this section within the time provided under Subsection (5)(b).
(8) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish a procedure for accepting and processing an
individual's complaint against an institution for an alleged violation of this section.
Section 3. Section 
53B-1-118
 is enacted to read:
 53B-1-118.
Prohibited discriminatory practices -- Restrictions -- Campus climate
survey -- Exceptions.
(1) As used in this section:
(a) "Important government interest" means a governmental purpose relating to athletic
competition or athletic safety in public education or privacy.
(b) "Personal identity characteristics" means an individual's race, color, ethnicity, sex,
sexual orientation, national origin, religion, or gender identity.
(c) (i) "Prohibited discriminatory practice" means engaging in or maintaining a policy,
procedure, practice, program, office, initiative, or required training that, based on an
individual's personal identity characteristics:
(A) promotes the differential treatment of an individual without an important
government interest;
(B) influences the employment decisions of an individual other than through the use of
neutral hiring processes with regard to personal identity characteristics and in accordance with
federal law;
(C) influences an individual's admission to, advancement in, or graduation from an
institution, the public education system, or an academic program; or
(D) influences an individual's participation in an institution-sponsored or public
education system-sponsored program.
(ii) "Prohibited discriminatory practice" also means engaging in or maintaining a
policy, procedure, practice, program, office, initiative, or required training that:
(A) asserts that one personal identity characteristic is inherently superior or inferior to
another personal identity characteristic;
(B) asserts that an individual, by virtue of the individual's personal identity
characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim,
whether consciously or unconsciously;
(C) asserts that an individual should be discriminated against in violation of Title VI,
Title VII, and Title IX, receive adverse treatment, be advanced, or receive beneficial treatment
because of the individual's personal identity characteristics;
(D) asserts that an individual's moral character is determined by the individual's
personal identity characteristics;
(E) asserts that an individual, by virtue of the individual's personal identity
characteristics, bears responsibility for actions committed in the past by other individuals with
the same personal identity characteristics;
(F) asserts that an individual should feel discomfort, guilt, anguish, or other
psychological distress solely because of the individual's personal identity characteristics;
(G) asserts that meritocracy is inherently racist or sexist;
(H) asserts that socio-political structures are inherently a series of power relationships
and struggles among racial groups;
(I) promotes resentment between, or resentment of, individuals by virtue of their
personal identity characteristics;
(J) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual
because of the individual's race, color, ethnicity, sex, sexual orientation, national origin, or
gender identity;
(K) considers an individual's personal identity characteristics in determining receipt of
state financial aid or other state financial assistance, including a scholarship award or tuition
waiver; or
(L) is referred to or named diversity, equity, and inclusion.
(iii) "Prohibited discriminatory practice" does not include policies or procedures
required by state or federal law, including laws relating to prohibited discrimination or
harassment.
(d) "Student success and support" means an office, division, employment position, or
other unit of an institution established or maintained to provide support, guidance, and
resources that equip all students, including all students at higher risk of not completing a
certificate or degree, with experiences and opportunities for success in each student's academic
and career goals, and without excluding individuals on the basis of an individual's personal
identity characteristics.
(e) "Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et
seq.
(f) "Title VII" means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et
seq.
(g) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec.
et seq.
(2) An institution may not:
(a) engage in prohibited discriminatory practices;
 (b) take, express, or assert a position or opinion on subjects described in Subsection
67-27-105
(1)(b)(ii);
(c) establish or maintain an office, division, employment position, or other unit of an
institution established to implement, develop, plan, or promote campus policies, procedures,
practices, programs, or initiatives, regarding prohibited discriminatory practices; or
(d) employ or assign an employee or a third-party whose duties for an institution
include coordinating, creating, developing, designing, implementing, organizing, planning, or
promoting policies, programming, training, practices, activities, and procedures relating to
prohibited discriminatory practices.
(3) An institution shall:
(a) ensure that all students have access to programs providing student success and
support;
(b) publish the titles and syllabi of all mandatory courses, seminars, classes,
workshops, and training sessions on the institution's website in an online database readily
searchable by the public;
(c) annually train employees on the separation of personal political advocacy from an
institution's business and employment activities;
(d) develop strategies, including inviting speakers, to promote viewpoint diversity; and
(e) establish policies and procedures to include opportunities for education and
research on free speech and civic education.
(4) Beginning on or before July 1, 2025, the board shall report to the Higher Education
Appropriations Subcommittee on the status and allocation of appropriated funds for student
success and support.
(5) The Legislature shall, in a line item appropriation, appropriate ongoing funding to
support an institution's student success and support program in accordance with this section.
(6) (a) On or before January 1, 2025, the board shall contract with a third-party
contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to conduct a
campus expression climate survey of each institution:
(i) to assess student, faculty, and staff perceptions of and experiences with an
institution's campus environment that measures the student's, faculty member's, and staff
member's perception of and experience with an institution's campus environment; and
(ii) that measures the student's, faculty member's, and staff member's perception of and
experience with campus policy and practice regarding freedom of speech and academic
freedom at the institution.
(b) The board shall collect the results of each campus expression climate survey under
Subsection (6) and submit the results to the Office of Legislative Research and General
Counsel beginning on or before July 1.
(7) (a) The Office of Legislative Research and General Counsel shall provide a
summary report on the data collected from the campus expression climate surveys to the
Education Interim Committee on or before:
(i) November 1, 2027, for reports received in years 2025, 2026, and 2027;
(ii) November 1, 2030, for reports received in years 2028, 2029, and 2030; and
(iii) November 1, 2033, for reports received in years 2031, 2032, and 2033.
(b) On or before November 1, 2035, the Office of Legislative Research and General
Counsel shall provide a comprehensive report of the campus expression climate surveys to the
Education Interim Committee.
(8) Nothing in this section requires an individual to respond to a campus expression
climate survey.
(9) Nothing in this section limits or prohibits an institution's authority to establish
policies that:
(a) are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment;
(b) require disclosure of an employee's academic research, classroom teaching, or
coursework; or
(c) require for employment, tenure, or promotion to disclose or discuss the applicant's:
(i) research;
(ii) teaching agenda;
(iii) artistic creations; or
(iv) pedagogical approaches or experiences with students of all learning abilities.
(10) This section does not apply to:
(a) requirements necessary for athletic and accreditation compliance;
(b) academic research;
(c) academic course teaching in the classroom;
(d) a grant that would otherwise require:
(i) a department, office, division, or other unit of an institution to engage in a
prohibited discriminatory practice if the grant has been reviewed and approved by the
institution's board of trustees; or
(ii) an institution to engage in a prohibited discriminatory practice if the grant has been
reviewed and approved by the board;
(e) requirements necessary for an institution to establish or maintain eligibility for any
federal program; or
 (f) private scholarships administered by an institution.
(11) Notwithstanding any other provision of this part, the University of Utah may take
any action required for the University of Utah to comply with the terms of an agreement
entered into between the University of Utah and the Ute Indian Tribe before July 1, 2024.
(12) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an
institution of higher education's compliance with this section as follows:
(i) for 2025, on each institution of higher education; and
(ii) for 2026, and every year after, on one-half of the degree granting institutions of
higher education and one-half of the technical colleges.
(b) If the board identifies a violation of this section, the board shall:
(i) on or before 30 days after the day on which the board identifies the violation, work
with the institution to create a remediation plan; and
(ii) provide the institution 180 days after the day of the creation of the remediation plan
to cure the violation.
(13) On or before November 1 of each year, the board shall prepare and submit a report
to the Higher Education Appropriations Subcommittee on:
(a) the review process and each institution's compliance determination; or
(b) if a violation is identified, the remediation plan and progress under Subsection
(12)(b).
(14) On or before December 1 of each year, the Higher Education Appropriations
Subcommittee shall:
(a) report the findings under Subsections (4) and (13) to the Legislature; and
(b) make appropriation recommendations about an institution's compliance with this
section.
(15) The Legislature may withhold future state appropriations to an institution that fails
to cure a violation of this section within the time provided under Subsection (12)(b).
(16) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish a procedure for accepting and processing an
individual's complaint against an institution for an alleged violation of this section.
Section 4. Section 
53B-1-301
 is amended to read:
53B-1-301.
Reports to and actions of the Higher Education Appropriations
Subcommittee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Higher Education Appropriations Subcommittee:
(a) 
the reports described in Sections 
53B-1-116
, 
53B-1-117
, and 
53B-1-118
;
(b)
 the reports described in Sections 
34A-2-202.5
, 
53B-30-206
, and 
59-9-102.5
 by the
Rocky Mountain Center for Occupational and Environmental Health;
[
(b)
] 
(c)
 the report described in Section 
53B-7-101
 by the board on recommended
appropriations for higher education institutions, including the report described in Section
53B-8-104
 by the board on the effects of offering nonresident partial tuition scholarships;
[
(c)
] 
(d)
 the report described in Section 
53B-7-704
 by the Department of Workforce
Services and the Governor's Office of Economic Opportunity on targeted jobs;
[
(d)
] 
(e)
 the reports described in Section 
53B-7-705
 by the board on performance;
[
(e)
] 
(f)
 the report described in Section 
53B-8-201
 by the board on the Opportunity
Scholarship Program;
[
(f)
] 
(g)
 the report described in Section 
53B-8d-104
 by the Division of Child and
Family Services on tuition waivers for wards of the state;
[
(g)
] 
(h)
 the report described in Section 
53B-13a-103
 by the board on the Utah Promise
Program;
[
(h)
] 
(i)
 the report described in Section 
53B-17-201
 by the University of Utah
regarding the Miners' Hospital for Disabled Miners;
[
(i)
] 
(j)
 the report described in Section 
53B-26-202
 by the Medical Education Council
on projected demand for nursing professionals;
[
(j)
] 
(k)
 the report described in Section 
53B-35-202
 regarding the Higher Education
and Corrections Council; and
[
(k)
] 
(l)
 the report described in Section 
53E-10-308
 by the State Board of Education
and board on student participation in the concurrent enrollment program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Higher Education Appropriations Subcommittee:
(a) upon request, the information described in Section 
53B-8a-111
 submitted by the
Utah Educational Savings Plan;
(b) a proposal described in Section 
53B-26-202
 by an eligible program to respond to
projected demand for nursing professionals; and
(c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
on the fire and rescue training program described in Section 
53B-29-202
.
(3) In accordance with applicable provisions, the Higher Education Appropriations
Subcommittee shall complete the following:
(a) 
an appropriation recommendation described in Section 
53B-1-118
 regarding
compliance with Subsections 
53B-1-118
(5) and (14);
(b)
 as required by Section 
53B-7-703
, the review of performance funding described in
Section 
53B-7-703
;
[
(b)
] 
(c)
 an appropriation recommendation described in Section 
53B-26-202
 to fund a
proposal responding to projected demand for nursing professionals; and
[
(c)
] 
(d)
 review of the report described in Section 
63B-10-301
 by the University of
Utah on the status of a bond and bond payments specified in Section 
63B-10-301
.
Section 5. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
53B-33-302
 and the report
on research and activities described in Section 
53B-33-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-2-522
 regarding mental health screening
programs;
(l) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m) the report described in Section 
63N-20-107
 by the Governor's Office of Economic
Opportunity on UPSTART;
(n) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment;
(o) upon request, the report described in Section 
53F-5-219
 by the state board on the
Local Innovations Civics Education Pilot Program;
(p) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income;
(q) the report described in Section 
53B-35-202
 regarding the Higher Education and
Corrections Council;
(r) the report described in Section 
53G-7-221
 by the State Board of Education
regarding innovation plans;
(s) the annual report described in Section 
63A-2-502
 by the Educational Interpretation
and Translation Service Procurement Advisory Council; and
(t) the reports described in Section 
53F-6-412
 regarding the Utah Fits All Scholarship
Program.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) in 2027, 2030, 2033, and 2035, the reports described in Sections 
53B-1-116
,
53B-1-117
, and 
53B-1-118
;
[
(b)
] 
(c)
 the report described in Section 
53B-28-402
 by the Utah Board of Higher
Education on or before the Education Interim Committee's November 2021 meeting;
[
(c)
] 
(d)
 if required, the report described in Section 
53E-4-309
 by the state board
explaining the reasons for changing the grade level specification for the administration of
specific assessments;
[
(d)
] 
(e)
 if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
[
(e)
] 
(f)
 in 2022 and in 2023, on or before November 30, the report described in
Subsection 
53E-10-309
(5) related to the PRIME pilot program;
[
(f)
] 
(g)
 the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
[
(g)
] 
(h)
 if required, the report described in Section 
53F-2-513
 by the state board
evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
high poverty schools;
[
(h)
] 
(i)
 the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
[
(i)
] 
(j)
 upon request, a report described in Section 
53G-7-222
 by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative education
program;
[
(j)
] 
(k)
 the report described in Section 
53G-7-503
 by the state board regarding fees
that LEAs charge during the 2020-2021 school year;
[
(k)
] 
(l)
 the reports described in Section 
53G-11-304
 by the state board regarding
proposed rules and results related to educator exit surveys; and
[
(l)
] 
(m)
 the report described in Section 
26B-5-113
 by the Office of Substance Use and
Mental Health, the State Board of Education, and the Department of Health and Human
Service regarding recommendations related to Medicaid reimbursement for school-based health
services.
Section 6. Section 
53E-3-1101
 is enacted to read:
 53E-3-1101.
Prohibited discriminatory practices -- Restrictions -- Reporting.
(1) As used in this section, "prohibited discriminatory practice" means the same as that
term is defined in Section 
53B-1-118
.
(2) The state board may not:
(a) establish or maintain an office, division, or employment position established to
implement, develop, plan, or promote policies, procedures, practices, programs, or initiatives,
regarding prohibited discriminatory practices; or
(b) employ or assign an employee or a third-party whose duties for the state board
include coordinating, creating, developing, designing, implementing, organizing, planning, or
promoting policies, programming, training, practices, activities, and procedures relating to
prohibited discriminatory practices.
(3) Nothing in this section limits or prohibits the state board's authority to establish
policies that are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment.
(4) The state board shall provide an update to the Education Interim Committee and
Public Education Appropriations Subcommittee on the state board's compliance with this
section at or before:
(a) the Education Interim Committee's November interim committee meeting; and
(b) the Public Education Appropriations Subcommittee December interim
subcommittee meeting.
Section 7. Section 
53G-2-103
 is enacted to read:
 53G-2-103.
Prohibition on the use of certain submissions in public education --
Exceptions.
(1) As used in this section, "prohibited submission" means the same as that term is
defined in Section 
67-27-105
.
(2) Except as provided in Subsections (4) and (6), an LEA may not require, request,
solicit, or compel a prohibited submission as a certification or condition before taking action
with respect to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) compensation;
(v) seniority status;
(vi) tenure or continuing status;
(vii) promotion;
(viii) performance reviews;
(ix) transfer;
(x) termination; or
(xi) appointment;
(b) enrollment or graduation from the LEA;
(c) participation in LEA-sponsored programs; or
(d) qualification for or receipt of state financial aid or other state financial assistance.
(3) An LEA may not grant any form of preferential consideration to an individual who,
with or without solicitation from the LEA, provides a prohibited submission for consideration
for any action described in Subsection (2).
(4) If federal law requires an LEA to accept or require a prohibited submission, the
LEA:
(a) may accept the prohibited submission only to the extent required under federal law;
and
(b) shall limit consideration of the information contained in the prohibited submission
to the extent necessary to satisfy the requirement under federal law.
(5) For a required prohibited submission under Subsection (4), an LEA shall notify the
state board detailing the circumstances under which a prohibited submission under Subsection
(4) is required.
(6) Nothing in this section limits or prohibits an LEA's authority to establish policies
that:
(a) are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment; or
(b) require an applicant for employment, tenure, continuing status, or promotion to
disclose or discuss the applicant's:
(i) teaching record;
(ii) artistic creations; or
(iii) pedagogical approaches or experiences with students of all learning abilities.
(7) If the state board identifies a reported violation of this section, the state board shall
provide an update to the Education Interim Committee on an LEA's compliance with this
section at or before the Education Interim Committee's November interim committee meeting.
(8) An individual may bring a violation of this section to the state board in accordance
with the process described in Section 
53E-3-401
.
Section 8. Section 
53G-2-104
 is enacted to read:
 53G-2-104.
Prohibition on the use of certain training in public education --
Exceptions.
(1) As used in this section:
(a) "Prohibited training" means a mandatory instructional program and related
materials that an LEA requires the LEA's employees, prospective employees, students, or
prospective students, to attend that promote prohibited discriminatory practices as that term is
defined in Section 
53B-1-118
.
(b) "Prohibited training" includes an in-person or online seminar, discussion group,
workshop, other program, or related materials.
(2) An LEA may not require prohibited training.
(3) Nothing in this section limits or prohibits an LEA's authority to establish policies
that are necessary to comply with state or federal law, including laws relating to prohibited
discrimination or harassment.
(4) If the state board identifies a reported violation of this section, the state board shall
provide an update to the Education Interim Committee on an LEA's compliance with this
section at or before the Education Interim Committee's November interim committee meeting.
(5) An individual may bring a violation of this section to the state board in accordance
with the process described in Section 
53E-3-401
.
Section 9. Section 
53G-2-105
 is enacted to read:
 53G-2-105.
Prohibited discriminatory practices -- Restrictions -- Reporting.
(1) As used in this section, "prohibited discriminatory practice" means the same as that
term is defined in Section 
53B-1-118
.
(2) An LEA may not:
(a) engage in prohibited discriminatory practices;
(b) establish or maintain an office, division, employment position, or other unit of an
institution established to implement, develop, plan, or promote campus policies, procedures,
practices, programs, or initiatives, regarding prohibited discriminatory practices; or
(c) employ or assign an employee or a third-party whose duties for an institution
include coordinating, creating, developing, designing, implementing, organizing, planning, or
promoting policies, programming, training, practices, activities, and procedures relating to
prohibited discriminatory practices.
(3) An LEA shall ensure that all students have access to programs providing student
success and support, as that term is defined in Section 
53B-1-118
.
(4) Nothing in this section limits or prohibits an LEA's authority to establish policies
that are necessary to comply with state or federal law, including laws relating to prohibited
discrimination or harassment.
(5) If the state board identifies a reported violation of this section, the state board shall
provide an update to the Education Interim Committee and the Public Education
Appropriations Subcommittee on an LEA's compliance with this section at or before the
Education Interim Committee's November interim committee meeting.
(6) An individual may bring a violation of this section to the state board in accordance
with the process described in Section 
53E-3-401
.
Section 10. Section 
67-3-1
 is amended to read:
67-3-1.
Functions and duties.
(1) (a) The state auditor is the auditor of public accounts and is independent of any
executive or administrative officers of the state.
(b) The state auditor is not limited in the selection of personnel or in the determination
of the reasonable and necessary expenses of the state auditor's office.
(2) The state auditor shall examine and certify annually in respect to each fiscal year,
financial statements showing:
(a) the condition of the state's finances;
(b) the revenues received or accrued;
(c) expenditures paid or accrued;
(d) the amount of unexpended or unencumbered balances of the appropriations to the
agencies, departments, divisions, commissions, and institutions; and
(e) the cash balances of the funds in the custody of the state treasurer.
(3) (a) The state auditor shall:
(i) audit each permanent fund, each special fund, the General Fund, and the accounts of
any department of state government or any independent agency or public corporation as the law
requires, as the auditor determines is necessary, or upon request of the governor or the
Legislature;
(ii) perform the audits in accordance with generally accepted auditing standards and
other auditing procedures as promulgated by recognized authoritative bodies; and
(iii) as the auditor determines is necessary, conduct the audits to determine:
(A) honesty and integrity in fiscal affairs;
(B) accuracy and reliability of financial statements;
(C) effectiveness and adequacy of financial controls; and
(D) compliance with the law.
(b) If any state entity receives federal funding, the state auditor shall ensure that the
audit is performed in accordance with federal audit requirements.
(c) (i) The costs of the federal compliance portion of the audit may be paid from an
appropriation to the state auditor from the General Fund.
(ii) If an appropriation is not provided, or if the federal government does not
specifically provide for payment of audit costs, the costs of the federal compliance portions of
the audit shall be allocated on the basis of the percentage that each state entity's federal funding
bears to the total federal funds received by the state.
(iii) The allocation shall be adjusted to reflect any reduced audit time required to audit
funds passed through the state to local governments and to reflect any reduction in audit time
obtained through the use of internal auditors working under the direction of the state auditor.
(4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to
financial audits, and as the auditor determines is necessary, conduct performance and special
purpose audits, examinations, and reviews of any entity that receives public funds, including a
determination of any or all of the following:
(i) the honesty and integrity of all the entity's fiscal affairs;
(ii) whether the entity's administrators have faithfully complied with legislative intent;
(iii) whether the entity's operations have been conducted in an efficient, effective, and
cost-efficient manner;
(iv) whether the entity's programs have been effective in accomplishing the intended
objectives; and
(v) whether the entity's management, control, and information systems are adequate,
effective, and secure.
(b) The auditor may not conduct performance and special purpose audits,
examinations, and reviews of any entity that receives public funds if the entity:
(i) has an elected auditor; and
(ii) has, within the entity's last budget year, had the entity's financial statements or
performance formally reviewed by another outside auditor.
(5) The state auditor:
(a) shall administer any oath or affirmation necessary to the performance of the duties
of the auditor's office; and
(b) may:
(i) subpoena witnesses and documents, whether electronic or otherwise; and
(ii) examine into any matter that the auditor considers necessary.
(6) The state auditor may require all persons who have had the disposition or
management of any property of this state or its political subdivisions to submit statements
regarding the property at the time and in the form that the auditor requires.
(7) The state auditor shall:
(a) except where otherwise provided by law, institute suits in Salt Lake County in
relation to the assessment, collection, and payment of revenues against:
(i) persons who by any means have become entrusted with public money or property
and have failed to pay over or deliver the money or property; and
(ii) all debtors of the state;
(b) collect and pay into the state treasury all fees received by the state auditor;
(c) perform the duties of a member of all boards of which the state auditor is a member
by the constitution or laws of the state, and any other duties that are prescribed by the
constitution and by law;
(d) stop the payment of the salary of any state official or state employee who:
(i) refuses to settle accounts or provide required statements about the custody and
disposition of public funds or other state property;
(ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling
board or department head with respect to the manner of keeping prescribed accounts or funds;
or
(iii) fails to correct any delinquencies, improper procedures, and errors brought to the
official's or employee's attention;
(e) establish accounting systems, methods, and forms for public accounts in all taxing
or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
(f) superintend the contractual auditing of all state accounts;
(g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of
property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that
officials and employees in those taxing units comply with state laws and procedures in the
budgeting, expenditures, and financial reporting of public funds;
(h) subject to Subsection (9), withhold the disbursement of tax money from any county,
if necessary, to ensure that officials and employees in the county comply with Section
59-2-303.1
; and
(i) withhold state allocated funds or the disbursement of property taxes from a local
government entity or a limited purpose entity, as those terms are defined in Section 
67-1a-15
 if
the state auditor finds the withholding necessary to ensure that the entity registers and
maintains the entity's registration with the lieutenant governor, in accordance with Section
67-1a-15
.
(8) (a) Except as otherwise provided by law, the state auditor may not withhold funds
under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal
written notice of noncompliance from the auditor and has been given 60 days to make the
specified corrections.
(b) If, after receiving notice under Subsection (8)(a), a state or independent local
fee-assessing unit that exclusively assesses fees has not made corrections to comply with state
laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the
state auditor:
(i) shall provide a recommended timeline for corrective actions;
(ii) may prohibit the state or local fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a state or local fee-assessing unit from accessing money held in an
account of a financial institution by filing an action in district court requesting an order of the
court to prohibit a financial institution from providing the fee-assessing unit access to an
account.
(c) The state auditor shall remove a limitation on accessing funds under Subsection
(8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and
financial reporting of public funds.
(d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with
state law, the state auditor:
(i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to
comply;
(ii) may prohibit the taxing or fee-assessing unit from accessing money held by the
state; and
(iii) may prohibit a taxing or fee-assessing unit from accessing money held in an
account of a financial institution by:
(A) contacting the taxing or fee-assessing unit's financial institution and requesting that
the institution prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the taxing or fee-assessing unit access to an account.
(e) If the local taxing or fee-assessing unit adopts a budget in compliance with state
law, the state auditor shall eliminate a limitation on accessing funds described in Subsection
(8)(d).
(9) The state auditor may not withhold funds under Subsection (7)(h) until a county has
received formal written notice of noncompliance from the auditor and has been given 60 days
to make the specified corrections.
(10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state
auditor receives a notice of non-registration, as that term is defined in Section 
67-1a-15
.
(b) If the state auditor receives a notice of non-registration, the state auditor may
prohibit the local government entity or limited purpose entity, as those terms are defined in
Section 
67-1a-15
, from accessing:
(i) money held by the state; and
(ii) money held in an account of a financial institution by:
(A) contacting the entity's financial institution and requesting that the institution
prohibit access to the account; or
(B) filing an action in district court requesting an order of the court to prohibit a
financial institution from providing the entity access to an account.
(c) The state auditor shall remove the prohibition on accessing funds described in
Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in
Section 
67-1a-15
, from the lieutenant governor.
(11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the
state auditor:
(a) shall authorize a disbursement by a local government entity or limited purpose
entity, as those terms are defined in Section 
67-1a-15
, or a state or local taxing or fee-assessing
unit if the disbursement is necessary to:
(i) avoid a major disruption in the operations of the local government entity, limited
purpose entity, or state or local taxing or fee-assessing unit; or
(ii) meet debt service obligations; and
(b) may authorize a disbursement by a local government entity, limited purpose entity,
or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
(12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to
take temporary custody of public funds if an action is necessary to protect public funds from
being improperly diverted from their intended public purpose.
(b) If the state auditor seeks relief under Subsection (12)(a):
(i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8);
and
(ii) the state treasurer may hold the public funds in accordance with Section 
67-4-1
 if a
court orders the public funds to be protected from improper diversion from their public
purpose.
(13) The state auditor shall:
(a) establish audit guidelines and procedures for audits of local mental health and
substance abuse authorities and their contract providers, conducted pursuant to Title 17,
Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local
Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance Use and Mental
Health, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
Organizations, and Other Local Entities Act; and
(b) ensure that those guidelines and procedures provide assurances to the state that:
(i) state and federal funds appropriated to local mental health authorities are used for
mental health purposes;
(ii) a private provider under an annual or otherwise ongoing contract to provide
comprehensive mental health programs or services for a local mental health authority is in
compliance with state and local contract requirements and state and federal law;
(iii) state and federal funds appropriated to local substance abuse authorities are used
for substance abuse programs and services; and
(iv) a private provider under an annual or otherwise ongoing contract to provide
comprehensive substance abuse programs or services for a local substance abuse authority is in
compliance with state and local contract requirements, and state and federal law.
(14) (a) The state auditor may, in accordance with the auditor's responsibilities for
political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from
Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or
investigations of any political subdivision that are necessary to determine honesty and integrity
in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of
financial controls and compliance with the law.
(b) If the state auditor receives notice under Subsection 
11-41-104
(7) from the
Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may
initiate an audit or investigation of the public entity subject to the notice to determine
compliance with Section 
11-41-103
.
(15) (a) The state auditor may not audit work that the state auditor performed before
becoming state auditor.
(b) If the state auditor has previously been a responsible official in state government
whose work has not yet been audited, the Legislature shall:
(i) designate how that work shall be audited; and
(ii) provide additional funding for those audits, if necessary.
(16) The state auditor shall:
(a) with the assistance, advice, and recommendations of an advisory committee
appointed by the state auditor from among special district boards of trustees, officers, and
employees and special service district boards, officers, and employees:
(i) prepare a Uniform Accounting Manual for Special Districts that:
(A) prescribes a uniform system of accounting and uniform budgeting and reporting
procedures for special districts under Title 17B, Limited Purpose Local Government Entities -
Special Districts, and special service districts under Title 17D, Chapter 1, Special Service
District Act;
(B) conforms with generally accepted accounting principles; and
(C) prescribes reasonable exceptions and modifications for smaller districts to the
uniform system of accounting, budgeting, and reporting;
(ii) maintain the manual under this Subsection (16)(a) so that the manual continues to
reflect generally accepted accounting principles;
(iii) conduct a continuing review and modification of procedures in order to improve
them;
(iv) prepare and supply each district with suitable budget and reporting forms; and
(v) (A) prepare instructional materials, conduct training programs, and render other
services considered necessary to assist special districts and special service districts in
implementing the uniform accounting, budgeting, and reporting procedures; and
(B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title
63G, Chapter 22, State Training and Certification Requirements; and
(b) continually analyze and evaluate the accounting, budgeting, and reporting practices
and experiences of specific special districts and special service districts selected by the state
auditor and make the information available to all districts.
(17) (a) The following records in the custody or control of the state auditor are
protected records under Title 63G, Chapter 2, Government Records Access and Management
Act:
(i) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a past or present governmental
employee if the information or allegation cannot be corroborated by the state auditor through
other documents or evidence, and the records relating to the allegation are not relied upon by
the state auditor in preparing a final audit report;
(ii) records and audit workpapers to the extent the workpapers would disclose the
identity of an individual who during the course of an audit, communicated the existence of any
waste of public funds, property, or manpower, or a violation or suspected violation of a law,
rule, or regulation adopted under the laws of this state, a political subdivision of the state, or
any recognized entity of the United States, if the information was disclosed on the condition
that the identity of the individual be protected;
(iii) before an audit is completed and the final audit report is released, records or drafts
circulated to an individual who is not an employee or head of a governmental entity for the
individual's response or information;
(iv) records that would disclose an outline or part of any audit survey plans or audit
program; and
(v) requests for audits, if disclosure would risk circumvention of an audit.
(b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure
of records or information that relate to a violation of the law by a governmental entity or
employee to a government prosecutor or peace officer.
(c) The provisions of this Subsection (17) do not limit the authority otherwise given to
the state auditor to classify a document as public, private, controlled, or protected under Title
63G, Chapter 2, Government Records Access and Management Act.
(d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the
state auditor and the subject of an audit performed by the state auditor as to whether the state
auditor may release a record, as defined in Section 
63G-2-103
, to the public that the state
auditor gained access to in the course of the state auditor's audit but which the subject of the
audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records
Access and Management Act.
(ii) The state auditor may submit a record dispute to the State Records Committee,
created in Section 
63G-2-501
, for a determination of whether the state auditor may, in
conjunction with the state auditor's release of an audit report, release to the public the record
that is the subject of the record dispute.
(iii) The state auditor or the subject of the audit may seek judicial review of a State
Records Committee determination under Subsection (17)(d)(ii), as provided in Section
63G-2-404
.
(18) If the state auditor conducts an audit of an entity that the state auditor has
previously audited and finds that the entity has not implemented a recommendation made by
the state auditor in a previous audit, the state auditor shall notify the Legislative Management
Committee through the Legislative Management Committee's audit subcommittee that the
entity has not implemented that recommendation.
(19) The state auditor shall, with the advice and consent of the Senate, appoint the state
privacy officer described in Section 
67-3-13
.
(20) Except as provided in Subsection (21), the state auditor shall report, or ensure that
another government entity reports, on the financial, operational, and performance metrics for
the state system of higher education and the state system of public education, including metrics
in relation to students, programs, and schools within those systems.
(21) (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits
of:
(i) the scholarship granting organization for the Special Needs Opportunity Scholarship
Program, created in Section 
53E-7-402
;
(ii) the State Board of Education for the Carson Smith Scholarship Program, created in
Section 
53F-4-302
; and
(iii) the scholarship program manager for the Utah Fits All Scholarship Program,
created in Section 
53F-6-402
.
(b) Nothing in this subsection limits or impairs the authority of the State Board of
Education to administer the programs described in Subsection (21)(a).
(22) The state auditor shall, based on the information posted by the Office of
Legislative Research and General Counsel under Subsection 
36-12-12.1
(2), for each policy,
track and post the following information on the state auditor's website:
(a) the information posted under Subsections 
36-12-12.1
(2)(a) through (e);
(b) an indication regarding whether the policy is timely adopted, adopted late, or not
adopted;
(c) an indication regarding whether the policy complies with the requirements
established by law for the policy; and
(d) a link to the policy.
(23) (a) A legislator may request that the state auditor conduct an inquiry to determine
whether a government entity, government official, or government employee has complied with
a legal obligation directly imposed, by statute, on the government entity, government official,
or government employee.
(b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct
the inquiry requested.
(c) If the state auditor conducts the inquiry described in Subsection (23)(b), the state
auditor shall post the results of the inquiry on the state auditor's website.
(d) The state auditor may limit the inquiry described in this Subsection (23) to a simple
determination, without conducting an audit, regarding whether the obligation was fulfilled.
(24) The state auditor shall report compliance with Sections 
67-27-105
, 
67-27-106
, and
67-27-107
 by:
(a) establishing a process to receive and audit each alleged violation; and
(b) reporting to the Legislative Management Committee, upon request, regarding the
state auditor's findings and recommendations under this Subsection (24).
Section 11. Section 
67-27-105
 is enacted to read:
 67-27-105.
Prohibition on the use of certain submissions by governmental
employers -- Exceptions.
(1) As used in this section:
(a) (i) "Governmental employer" means any department, division, agency, commission,
board, council, committee, authority, municipality, county, political subdivision, or any other
institution of the state.
(ii) "Governmental employer" does not mean a local education agency or institution of
higher education.
(b) (i) "Prohibited submission" means a submission, statement, or document that
requires an individual to articulate the individual's position, view, contribution, effort, or
experience regarding a policy, program, or initiative that promotes differential treatment based
on an individual's personal identity characteristics, as that term is defined in Section
53B-1-118
.
(ii) "Prohibited submission" includes a submission, statement, or document that relates
to a policy, program, or initiative regarding:
(A) anti-racism;
(B) bias;
(C) critical race theory;
(D) implicit bias;
(E) intersectionality;
(F) prohibited discriminatory practice, as that term is defined in Section 
53B-1-118
; or
(G) racial privilege.
(iii) "Prohibited submission" does not include a submission, statement, or document
for an employment position if the submission, statement, or document relates to a bona fide
occupational qualification for the position.
(2) Except as provided in Subsection (4), a governmental employer may not require,
request, solicit, or compel a prohibited submission as a certification or condition before taking
action with respect to:
(a) employment, including decisions regarding:
(i) hiring;
(ii) terms of employment;
(iii) benefits;
(iv) compensation;
(v) seniority status;
(vi) tenure or continuing status;
(vii) promotion;
(viii) performance reviews;
(ix) transfer;
(x) termination; or
(xi) appointment; or
(b) admissions and aid, including:
(i) admission to any state program or course;
(ii) financial or other forms of state-administered aid or assistance; or
(iii) other benefits from the governmental employer for which an individual is eligible.
(3) A governmental employer may not grant any form of preferential consideration to
an individual who, with or 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 or require a prohibited
submission, the governmental employer:
(a) may accept the prohibited submission only to the extent required under federal law;
and
(b) shall limit consideration of the information contained in the prohibited submission
to the extent necessary to satisfy the requirement under federal law.
(5) Nothing in this section limits or prohibits a governmental employer's authority to
establish policies that are necessary to comply with state or federal law, including laws relating
to prohibited discrimination or harassment.
Section 12. Section 
67-27-106
 is enacted to read:
 67-27-106.
Prohibition on the use of certain training by governmental employers
-- Exceptions.
(1) As used in this section:
(a) "Governmental employer" means the same as that term is defined in Section
67-27-105
.
(b) (i) "Prohibited training" means a mandatory instructional program and related
materials that a governmental employer requires the governmental employer's current or
prospective employees to attend that promote prohibited discriminatory practices as that term is
defined in Section 
53B-1-118
.
(ii) "Prohibited training" includes an in-person or online seminar, discussion group,
workshop, other program, or related materials.
(2) A governmental employer may not require prohibited training.
(3) Nothing in this section limits or prohibits a governmental employer's authority to
establish policies that are necessary to comply with state or federal law, including laws relating
to prohibited discrimination or harassment.
Section 13. Section 
67-27-107
 is enacted to read:
 67-27-107.
Prohibited discriminatory practices -- Restrictions -- Reporting.
(1) As used in this section:
(a) "Executive agency director" means the executive agency director of an executive
department agency who, at the direction of the governor, carries out state business.
(b) "Governmental employer" means the same as that term is defined in Section
67-27-105
.
(c) "Personal identity characteristics" means the same as that term is defined in Section
53B-1-118
.
(d) "Prohibited discriminatory practice" means the same as that term is defined in
Section 
53B-1-118
.
(2) (a) This section does not apply to a federal grant or program that would otherwise
require a governmental employer to engage in a prohibited discriminatory practice if the grant
or program has been reviewed and approved by the governmental employer's executive
director, legislative body, or governing body, as that term is defined in Section 
10-1-104
.
(b) A governmental employer's executive director, legislative body, or governing body
shall report the reviewed and approved federal grant or program under Subsection (2)(a) to the
Executive Appropriations Committee.
(3) A governmental employer may not engage in prohibited discriminatory practices.
(4) Nothing in this section limits or prohibits a governmental employer from:
(a) as required or permitted by state law:
(i) establishing or maintaining an office, division, or employment position to
implement, develop, plan, or promote practices relating to personal identity characteristics if
the office, division, or employment position is not engaging in prohibited discriminatory
practices; or
(ii) employing or assigning an employee or a third-party whose duties for governmental
employer include coordinating, creating, developing, designing, implementing, organizing,
planning, or promoting policies, programming, training, practices, activities, and procedures
relating to personal identity characteristics if the employee or the third-party is not engaging in
prohibited discriminatory practices;
(b) establishing policies that are necessary to comply with state or federal law,
including laws relating to prohibited discrimination or harassment; or
(c) establishing policies that are necessary to comply with state law enacted on or
before July 1, 2024.
(5) (a) Beginning on July 1, 2024, each executive agency director shall conduct a
thorough review of existing agency programs and offices to determine if the program or office
is in compliance with Subsection (3).
(b) On or before August 1, 2025, each executive agency director shall report on the
compliance of agency programs and offices under Subsection (5)(a) to the governor.
(c) The governor shall provide the reports under Subsection (5)(b) to:
(i) the Government Operations Interim Committee at or before the November 2025,
interim committee meeting; and
(ii) the Legislative Management Committee upon request.
Section 14. 
Effective date.
This bill takes effect on July 1, 2024.