Text of UT HB 261 (2024)

H.B. 261 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: R. Bailey 6 6 01-11-24 3:55 PM 6 H.B. 261 1 EQUAL OPPORTUNITY INITIATIVES 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Katy Hall 5 Senate Sponsor: Keith Grover 6 7 LONG TITLE 8 General Description: 9 This bill prohibits an institution of higher education, the public education system, and a 10 governmental employer from taking certain actions and engaging in discriminatory 11 practices. 12 Highlighted Provisions: 13 This bill: 14 < defines terms; 15 < prohibits an institution of higher education, the public education system, and a 16 governmental employer from: 17 C requiring an individual, before, during, or after admission or employment, to 18 provide certain submissions or attend certain training that promotes differential 19 treatment; 20 C using an individual's certain characteristics in decisions regarding aspects of 21 employment or education; and 22 C engaging in certain practices; 23 < requires the Utah Board of Education (board), the State Board of Education (state 24 board), and the governor to ensure compliance with certain requirements; 25 < prohibits an institution of higher education, the state board, and a governmental 26 employer from establishing or maintaining an office that engages in certain 27 practices; *HB0261* H.B. 261 01-11-24 3:55 PM - 2 - 28 < requires an institution of higher education to: 29 C contract with a third party to conduct campus climate surveys; 30 C provide certain training; and 31 C collect and send the surveys to the Office of Legislative Research and General 32 Counsel (OLRGC); 33 < requires OLRGC to provide campus climate survey summaries to the Education 34 Interim Committee at certain times; 35 < provides for certain measures of legislative oversight; 36 < appropriates funding for a certain institution of higher education program; 37 < provides that an individual may submit a complaint for noncompliance: 38 C for an institution, the board; or 39 C for public education, the state board; 40 < provides limited exceptions to the prohibitions in this bill; and 41 < makes technical and conforming changes. 42 Money Appropriated in this Bill: 43 None 44 Other Special Clauses: 45 This bill provides a special effective date. 46 Utah Code Sections Affected: 47 AMENDS: 48 53B-1-301, as last amended by Laws of Utah 2023, Chapter 374 49 53E-1-201, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380 50 53E-1-202, as last amended by Laws of Utah 2023, Chapter 7 51 ENACTS: 52 53B-1-116, Utah Code Annotated 1953 53 53B-1-117, Utah Code Annotated 1953 54 53B-1-118, Utah Code Annotated 1953 55 53E-3-1101, Utah Code Annotated 1953 56 53G-2-103, Utah Code Annotated 1953 57 53G-2-104, Utah Code Annotated 1953 58 53G-2-105, Utah Code Annotated 1953 01-11-24 3:55 PM H.B. 261 - 3 - 59 67-1-18, Utah Code Annotated 1953 60 67-27-105, Utah Code Annotated 1953 61 67-27-106, Utah Code Annotated 1953 62 67-27-107, Utah Code Annotated 1953 63 64 Be it enacted by the Legislature of the state of Utah: 65 Section 1. Section 53B-1-116 is enacted to read: 66 53B-1-116. Prohibition on the use of certain submissions in higher education -- 67 Exceptions. 68 (1) As used in this section, "prohibited submission" means the same as that term is 69 defined in Section 67-27-105. 70 (2) Except as provided in Subsections (4) and (6), an institution may not require, 71 request, solicit, or compel a prohibited submission as a certification or condition before taking 72 action with respect to: 73 (a) employment, including decisions regarding: 74 (i) hiring; 75 (ii) terms of employment; 76 (iii) benefits; 77 (iv) compensation; 78 (v) seniority status; 79 (vi) tenure or continuing status; 80 (vii) promotion; 81 (viii) performance reviews; 82 (ix) transfer; 83 (x) termination; or 84 (xi) appointment; 85 (b) admission to, advancement in, or graduation from an institution or an academic 86 program; 87 (c) participation in an institution-sponsored program; or 88 (d) qualification for or receipt of state financial aid or other state financial assistance. 89 (3) An institution may not grant any form of preferential consideration to an individual H.B. 261 01-11-24 3:55 PM - 4 - 90 who, with or without solicitation from the institution, provides a prohibited submission for 91 consideration for any action described in Subsection (2). 92 (4) If federal law requires an institution to accept or require a prohibited submission, 93 the institution: 94 (a) may accept the prohibited submission only to the extent required under federal law; 95 and 96 (b) shall limit consideration of the information contained in the prohibited submission 97 to the extent necessary to satisfy the requirement under federal law. 98 (5) For a required prohibited submission under Subsection (4), an institution shall: 99 (a) prepare a report to the institution's governing board detailing the circumstances 100 under which a prohibited submission is required; and 101 (b) publish the report described in Subsection (5)(a) on the institution's governing 102 board website in a conspicuous location. 103 (6) Nothing in this section limits or prohibits an institution's authority to establish 104 policies that: 105 (a) are necessary to comply with state or federal law, including laws relating to 106 prohibited discrimination or harassment; 107 (b) require disclosure of an employee's academic research, classroom teaching, or 108 coursework; or 109 (c) require an applicant for employment, tenure, or promotion to disclose or discuss the 110 applicant's: 111 (i) research; 112 (ii) teaching agenda; 113 (iii) artistic creations; or 114 (iv) pedagogical approaches or experiences with students of all learning abilities. 115 (7) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 116 institution of higher education's compliance with this section as follows: 117 (i) for 2025, on each institution of higher education; and 118 (ii) for 2026, and every year after, on one-half of the degree granting institutions of 119 higher education and one-half of the technical colleges. 120 (b) If the board identifies a violation of this section, the board shall: 01-11-24 3:55 PM H.B. 261 - 5 - 121 (i) on or before 30 days after the day on which the board identifies the violation, work 122 with the institution to create a remediation plan; and 123 (ii) provide the institution 180 days after the day of the creation of the remediation plan 124 to cure the violation. 125 (8) On or before November 1 of each year, the board shall prepare and submit a report 126 to the Higher Education Appropriations Subcommittee on: 127 (a) the review process and each institution's compliance determination; or 128 (b) if a violation is identified, the remediation plan and progress under Subsection 129 (7)(b). 130 (9) The Legislature may withhold future state appropriations to an institution that fails 131 to cure a violation of this section within the time provided under Subsection (7)(b). 132 (10) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 133 Administrative Rulemaking Act, to establish a procedure for accepting and processing an 134 individual's complaint against an institution for an alleged violation of this section. 135 Section 2. Section 53B-1-117 is enacted to read: 136 53B-1-117. Prohibition on the use of certain training in higher education -- 137 Exceptions. 138 (1) As used in this section, "prohibited training" means the same as that term is defined 139 in Section 67-27-106. 140 (2) An institution may not require prohibited training. 141 (3) An institution shall annually train the institution's faculty and staff on academic 142 freedom and freedom of speech in accordance with state or federal laws. 143 (4) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 144 institution of higher education's compliance with this section as follows: 145 (i) for 2025, on each institution of higher education; and 146 (ii) for 2026, and every year after, on one-half of the institutions of higher education 147 and one-half of the technical colleges. 148 (b) If the board identifies a violation of this section, the board shall: 149 (i) on or before 30 days after the day on which the board identifies the violation, work 150 with the institution to create a remediation plan; and 151 (ii) provide the institution 180 days after the day of the creation of the remediation plan H.B. 261 01-11-24 3:55 PM - 6 - 152 to cure the violation. 153 (5) On or before November 1 of each year, the board shall prepare and submit a report 154 to the Higher Education Appropriations Subcommittee on: 155 (a) the review process and each institution's compliance determination; or 156 (b) if a violation is identified, the remediation plan and progress under Subsection 157 (4)(b). 158 (6) The Legislature may withhold future state appropriations to an institution that fails 159 to cure a violation of this section within the time provided under Subsection (4)(b). 160 (7) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 161 Administrative Rulemaking Act, to establish a procedure for accepting and processing an 162 individual's complaint against an institution for an alleged violation of this section. 163 Section 3. Section 53B-1-118 is enacted to read: 164 53B-1-118. Prohibited discriminatory practices -- Restrictions -- Campus climate 165 survey -- Exceptions. 166 (1) As used in this section: 167 (a) "Personal identity characteristics" means an individual's race, color, ethnicity, sex, 168 sexual orientation, national origin, religion, or gender identity. 169 (b) (i) "Prohibited discriminatory practice" means engaging in or maintaining a policy, 170 procedure, practice, program, office, initiative, or required training that, based on an 171 individual's personal identity characteristics: 172 (A) promotes the differential treatment of an individual; 173 (B) influences the employment decisions of an individual other than through the use of 174 neutral hiring processes with regard to personal identity characteristics and in accordance with 175 federal law; 176 (C) influences an individual's admission to, advancement in, or graduation from an 177 institution, the public education system, or an academic program; or 178 (D) influences an individual's participation in an institution-sponsored or public 179 education system-sponsored program. 180 (ii) "Prohibited discriminatory practice" also means engaging in or maintaining a 181 policy, procedure, practice, program, office, initiative, or required training that: 182 (A) asserts directly or indirectly that one personal identity characteristic is inherently 01-11-24 3:55 PM H.B. 261 - 7 - 183 superior or inferior to another personal identity characteristic; 184 (B) asserts directly or indirectly that an individual, by virtue of the individual's 185 personal identity characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, 186 or a victim, whether consciously or unconsciously; 187 (C) asserts directly or indirectly that an individual should be discriminated against, 188 receive adverse treatment, be advanced, or receive beneficial treatment because of the 189 individual's personal identity characteristics; 190 (D) asserts directly or indirectly that an individual's moral character is determined by 191 the individual's personal identity characteristics; 192 (E) asserts directly or indirectly that an individual, by virtue of the individual's personal 193 identity characteristics, bears responsibility for actions committed in the past by other 194 individuals with the same personal identity characteristics; 195 (F) asserts directly or indirectly that an individual should feel discomfort, guilt, 196 anguish, or other psychological distress solely because of the individual's personal identity 197 characteristics; 198 (G) asserts directly or indirectly that meritocracy is inherently racist or sexist; 199 (H) asserts directly or indirectly that socio-political structures are inherently a series of 200 power relationships and struggles among racial groups; 201 (I) promotes resentment between, or resentment of, individuals by virtue of their 202 personal identity characteristics; 203 (J) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual 204 because of the individual's race, color, ethnicity, sex, sexual orientation, national origin, or 205 gender identity; or 206 (K) considers an individual's personal identity characteristics in determining receipt of 207 state financial aid or other state financial assistance. 208 (c) "Prohibited discriminatory practice" does not include policies or procedures 209 required by: 210 (i) state law consistent with this chapter, including laws related to prohibited 211 discrimination or harassment; or 212 (ii) federal law, including laws relating to prohibited discrimination or harassment. 213 (2) "Student success and support" means an office, division, employment position, or H.B. 261 01-11-24 3:55 PM - 8 - 214 other unit of an institution established or maintained to provide support, guidance, and 215 resources that equip all students, including all students at higher risk of not completing a 216 certificate or degree, with experiences and opportunities for success in each student's academic 217 and career goals, and without excluding individuals on the basis of an individual's personal 218 identity characteristics. 219 (3) An institution may not: 220 (a) take, express, or assert a position or opinion on subjects described in Subsection 221 67-27-105(1)(b)(ii); 222 (b) establish or maintain an office, division, employment position, or other unit of an 223 institution established to implement, develop, plan, or promote campus policies, procedures, 224 practices, programs, or initiatives, regarding prohibited discriminatory practices; or 225 (c) employ or assign an employee or a third-party whose duties for an institution 226 include coordinating, creating, developing, designing, implementing, organizing, planning, or 227 promoting policies, programming, training, practices, activities, and procedures relating to 228 prohibited discriminatory practices. 229 (4) An institution shall: 230 (a) ensure that all students have access to programs providing student success and 231 support; 232 (b) publish the titles and syllabi of all mandatory courses, seminars, classes, 233 workshops, and training sessions on the institution's website in an online database readily 234 searchable by the public; 235 (c) annually train employees on the separation of personal political advocacy from an 236 institution's business and employment activities; 237 (d) develop strategies to promote viewpoint diversity; and 238 (e) establish policies and procedures to include opportunities for education and 239 research on free speech and civic education. 240 (5) Beginning on or before July 1, 2025, the board shall report to the Higher Education 241 Appropriations Subcommittee on the status and allocation of appropriated funds for student 242 success and support. 243 (6) The Legislature shall, in a line item appropriation, appropriate ongoing funding to 244 support an institution's student success and support program in accordance with this section. 01-11-24 3:55 PM H.B. 261 - 9 - 245 (7) (a) On or before January 1, 2025, the board shall contract with a third-party 246 contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to conduct a 247 campus expression climate survey of each institution: 248 (i) to assess student, faculty, and staff perceptions of and experiences with an 249 institution's campus environment that measures the student's, faculty member's, and staff 250 member's perception of and experience with an institution's campus environment; and 251 (ii) that measures the student's, faculty member's, and staff member's perception of and 252 experience with campus policy and practice regarding freedom of speech and academic 253 freedom at the institution. 254 (b) The board shall collect the results of each campus expression climate survey under 255 Subsection (5) and submit the results to the Office of Legislative Research and General 256 Counsel beginning on or before July 1. 257 (8) (a) The Office of Legislative Research and General Counsel shall provide a 258 summary report on the data collected from the campus expression climate surveys to the 259 Education Interim Committee on or before: 260 (i) November 1, 2027, for reports received in years 2025, 2026, and 2027; 261 (ii) November 1, 2030, for reports received in years 2028, 2029, and 2030; and 262 (iii) November 1, 2033, for reports received in years 2031, 2032, and 2033. 263 (b) On or before November 1, 2035, the Office of Legislative Research and General 264 Counsel shall provide a comprehensive report of the campus expression climate surveys to the 265 Education Interim Committee. 266 (9) Nothing in this section requires an individual to respond to a campus expression 267 climate survey. 268 (10) Nothing in this section limits or prohibits an institution's authority to establish 269 policies that: 270 (a) are necessary to comply with state or federal law, including laws relating to 271 prohibited discrimination or harassment; 272 (b) require disclosure of an employee's academic research, classroom teaching, or 273 coursework; or 274 (c) require for employment, tenure, or promotion to disclose or discuss the applicant's: 275 (i) research; H.B. 261 01-11-24 3:55 PM - 10 - 276 (ii) teaching agenda; 277 (iii) artistic creations; or 278 (iv) pedagogical approaches or experiences with students of all learning abilities. 279 (11) This section does not apply to: 280 (a) requirements necessary for athletic and accreditation compliance; 281 (b) academic research; 282 (c) academic course teaching in the classroom; or 283 (d) a grant that would otherwise require: 284 (i) a department, office, division, or other unit of an institution to engage in a 285 prohibited discriminatory practice if the grant has been reviewed and approved by the 286 institution's board of trustees; or 287 (ii) an institution to engage in a prohibited discriminatory practice if the grant has been 288 reviewed and approved by the board. 289 (12) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 290 institution of higher education's compliance with this section as follows: 291 (i) for 2025, on each institution of higher education; and 292 (ii) for 2026, and every year after, on one-half of the degree granting institutions of 293 higher education and one-half of the technical colleges. 294 (b) If the board identifies a violation of this section, the board shall: 295 (i) on or before 30 days after the day on which the board identifies the violation, work 296 with the institution to create a remediation plan; and 297 (ii) provide the institution 180 days after the day of the creation of the remediation plan 298 to cure the violation. 299 (13) On or before November 1 of each year, the board shall prepare and submit a report 300 to the Higher Education Appropriations Subcommittee on: 301 (a) the review process and each institution's compliance determination; or 302 (b) if a violation is identified, the remediation plan and progress under Subsection 303 (12)(b). 304 (14) On or before December 1 of each year, the Higher Education Appropriations 305 Subcommittee shall: 306 (a) report the findings under Subsections (5) and (13) to the Legislature; and 01-11-24 3:55 PM H.B. 261 - 11 - 307 (b) make appropriation recommendations about an institution's compliance with this 308 section. 309 (15) The Legislature may withhold future state appropriations to an institution that fails 310 to cure a violation of this section within the time provided under Subsection (12)(b). 311 (16) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 312 Administrative Rulemaking Act, to establish a procedure for accepting and processing an 313 individual's complaint against an institution for an alleged violation of this section. 314 Section 4. Section 53B-1-301 is amended to read: 315 53B-1-301. Reports to and actions of the Higher Education Appropriations 316 Subcommittee. 317 (1) In accordance with applicable provisions and Section 68-3-14, the following 318 recurring reports are due to the Higher Education Appropriations Subcommittee: 319 (a) the reports described in Sections 53B-1-116, 53B-1-117, and 53B-1-118; 320 (b) the reports described in Sections 34A-2-202.5, 53B-30-206, and 59-9-102.5 by the 321 Rocky Mountain Center for Occupational and Environmental Health; 322 [(b)] (c) the report described in Section 53B-7-101 by the board on recommended 323 appropriations for higher education institutions, including the report described in Section 324 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships; 325 [(c)] (d) the report described in Section 53B-7-704 by the Department of Workforce 326 Services and the Governor's Office of Economic Opportunity on targeted jobs; 327 [(d)] (e) the reports described in Section 53B-7-705 by the board on performance; 328 [(e)] (f) the report described in Section 53B-8-201 by the board on the Opportunity 329 Scholarship Program; 330 [(f)] (g) the report described in Section 53B-8d-104 by the Division of Child and 331 Family Services on tuition waivers for wards of the state; 332 [(g)] (h) the report described in Section 53B-13a-103 by the board on the Utah Promise 333 Program; 334 [(h)] (i) the report described in Section 53B-17-201 by the University of Utah 335 regarding the Miners' Hospital for Disabled Miners; 336 [(i)] (j) the report described in Section 53B-26-202 by the Medical Education Council 337 on projected demand for nursing professionals; H.B. 261 01-11-24 3:55 PM - 12 - 338 [(j)] (k) the report described in Section 53B-35-202 regarding the Higher Education 339 and Corrections Council; and 340 [(k)] (l) the report described in Section 53E-10-308 by the State Board of Education 341 and board on student participation in the concurrent enrollment program. 342 (2) In accordance with applicable provisions and Section 68-3-14, the following 343 occasional reports are due to the Higher Education Appropriations Subcommittee: 344 (a) upon request, the information described in Section 53B-8a-111 submitted by the 345 Utah Educational Savings Plan; 346 (b) a proposal described in Section 53B-26-202 by an eligible program to respond to 347 projected demand for nursing professionals; and 348 (c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board 349 on the fire and rescue training program described in Section 53B-29-202. 350 (3) In accordance with applicable provisions, the Higher Education Appropriations 351 Subcommittee shall complete the following: 352 (a) an appropriation recommendation described in Section 53B-1-118 regarding 353 compliance with Subsections 53B-1-118(5) and (13); 354 (b) as required by Section 53B-7-703, the review of performance funding described in 355 Section 53B-7-703; 356 [(b)] (c) an appropriation recommendation described in Section 53B-26-202 to fund a 357 proposal responding to projected demand for nursing professionals; and 358 [(c)] (d) review of the report described in Section 63B-10-301 by the University of 359 Utah on the status of a bond and bond payments specified in Section 63B-10-301. 360 Section 5. Section 53E-1-201 is amended to read: 361 53E-1-201. Reports to and action required of the Education Interim Committee. 362 (1) In accordance with applicable provisions and Section 68-3-14, the following 363 recurring reports are due to the Education Interim Committee: 364 (a) the report described in Section 9-22-109 by the STEM Action Center Board, 365 including the information described in Section 9-22-113 on the status of the computer science 366 initiative and Section 9-22-114 on the Computing Partnerships Grants Program; 367 (b) the prioritized list of data research described in Section 53B-33-302 and the report 368 on research and activities described in Section 53B-33-304 by the Utah Data Research Center; 01-11-24 3:55 PM H.B. 261 - 13 - 369 (c) the report described in Section 35A-15-303 by the State Board of Education on 370 preschool programs; 371 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education 372 on career and technical education issues and addressing workforce needs; 373 (e) the annual report of the Utah Board of Higher Education described in Section 374 53B-1-402; 375 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education 376 regarding activities related to campus safety; 377 (g) the State Superintendent's Annual Report by the state board described in Section 378 53E-1-203; 379 (h) the annual report described in Section 53E-2-202 by the state board on the strategic 380 plan to improve student outcomes; 381 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for 382 the Deaf and the Blind; 383 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective, 384 Actionable, and Dynamic Education director on research and other activities; 385 (k) the report described in Section 53F-2-522 regarding mental health screening 386 programs; 387 (l) the report described in Section 53F-4-203 by the state board and the independent 388 evaluator on an evaluation of early interactive reading software; 389 (m) the report described in Section 63N-20-107 by the Governor's Office of Economic 390 Opportunity on UPSTART; 391 (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board 392 related to grants for professional learning and grants for an elementary teacher preparation 393 assessment; 394 (o) upon request, the report described in Section 53F-5-219 by the state board on the 395 Local Innovations Civics Education Pilot Program; 396 (p) the report described in Section 53F-5-405 by the State Board of Education 397 regarding an evaluation of a partnership that receives a grant to improve educational outcomes 398 for students who are low income; 399 (q) the report described in Section 53B-35-202 regarding the Higher Education and H.B. 261 01-11-24 3:55 PM - 14 - 400 Corrections Council; 401 (r) the reports described in Sections 53G-2-103, 53E-2-104, and 53G-2-105 regarding 402 compliance with Sections 53G-2-103, 53E-2-104, and 53G-2-105; 403 [(r)] (s) the report described in Section 53G-7-221 by the State Board of Education 404 regarding innovation plans; 405 [(s)] (t) the annual report described in Section 63A-2-502 by the Educational 406 Interpretation and Translation Service Procurement Advisory Council; and 407 [(t)] (u) the reports described in Section 53F-6-412 regarding the Utah Fits All 408 Scholarship Program. 409 (2) In accordance with applicable provisions and Section 68-3-14, the following 410 occasional reports are due to the Education Interim Committee: 411 (a) the report described in Section 35A-15-303 by the School Readiness Board by 412 November 30, 2020, on benchmarks for certain preschool programs; 413 (b) in 2027, 2030, 2033, and 2035, the reports described in Sections 53B-1-116, 414 53B-1-117, and 53B-1-118; 415 [(b)] (c) the report described in Section 53B-28-402 by the Utah Board of Higher 416 Education on or before the Education Interim Committee's November 2021 meeting; 417 [(c)] (d) if required, the report described in Section 53E-4-309 by the state board 418 explaining the reasons for changing the grade level specification for the administration of 419 specific assessments; 420 [(d)] (e) if required, the report described in Section 53E-5-210 by the state board of an 421 adjustment to the minimum level that demonstrates proficiency for each statewide assessment; 422 [(e)] (f) in 2022 and in 2023, on or before November 30, the report described in 423 Subsection 53E-10-309(5) related to the PRIME pilot program; 424 [(f)] (g) the report described in Section 53E-10-702 by Utah Leading through Effective, 425 Actionable, and Dynamic Education; 426 [(g)] (h) if required, the report described in Section 53F-2-513 by the state board 427 evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in 428 high poverty schools; 429 [(h)] (i) the report described in Section 53F-5-210 by the state board on the Educational 430 Improvement Opportunities Outside of the Regular School Day Grant Program; 01-11-24 3:55 PM H.B. 261 - 15 - 431 [(i)] (j) upon request, a report described in Section 53G-7-222 by an LEA regarding 432 expenditure of a percentage of state restricted funds to support an innovative education 433 program; 434 [(j)] (k) the report described in Section 53G-7-503 by the state board regarding fees 435 that LEAs charge during the 2020-2021 school year; 436 [(k)] (l) the reports described in Section 53G-11-304 by the state board regarding 437 proposed rules and results related to educator exit surveys; and 438 [(l)] (m) the report described in Section 26B-5-113 by the Office of Substance Use and 439 Mental Health, the State Board of Education, and the Department of Health and Human 440 Service regarding recommendations related to Medicaid reimbursement for school-based health 441 services. 442 Section 6. Section 53E-1-202 is amended to read: 443 53E-1-202. Reports to and action required of the Public Education 444 Appropriations Subcommittee. 445 (1) In accordance with applicable provisions and Section 68-3-14, the following 446 recurring reports are due to the Public Education Appropriations Subcommittee: 447 (a) the State Superintendent's Annual Report by the state board described in Section 448 53E-1-203; 449 (b) the report described in Section 53E-3-1101; 450 [(b)] (c) the report described in Section 53E-10-703 by the Utah Leading through 451 Effective, Actionable, and Dynamic Education director on research and other activities; and 452 [(c)] (d) the report by the STEM Action Center Board described in Section 9-22-109, 453 including the information described in Section 9-22-113 on the status of the computer science 454 initiative. 455 (2) In accordance with applicable provisions, the Public Education Appropriations 456 Subcommittee shall complete, if required, the study described in Section 53F-4-304 of 457 scholarship payments. 458 Section 7. Section 53E-3-1101 is enacted to read: 459 53E-3-1101. Prohibited discriminatory practices -- Restrictions - Reporting. 460 (1) As used in this section, "prohibited discriminatory practice" means the same as that 461 term is defined in Section 53B-1-118. H.B. 261 01-11-24 3:55 PM - 16 - 462 (2) The state board may not: 463 (a) establish or maintain an office, division, or employment position established to 464 implement, develop, plan, or promote policies, procedures, practices, programs, or initiatives, 465 regarding prohibited discriminatory practices; or 466 (b) employ or assign an employee or a third-party whose duties for the state board 467 include coordinating, creating, developing, designing, implementing, organizing, planning, or 468 promoting policies, programming, training, practices, activities, and procedures relating to 469 prohibited discriminatory practices. 470 (3) Nothing in this section limits or prohibits the state board's authority to establish 471 policies that are necessary to comply with state or federal law, including laws relating to 472 prohibited discrimination or harassment. 473 (4) The state board shall report to the Education Interim Committee and Public 474 Education Appropriations Subcommittee on the state board's compliance with this section at or 475 before: 476 (a) the Education Interim Committee's November interim committee meeting; and 477 (b) the Public Education Appropriations Subcommittee December interim 478 subcommittee meeting. 479 Section 8. Section 53G-2-103 is enacted to read: 480 53G-2-103. Prohibition on the use of certain submissions in public education -- 481 Exceptions. 482 (1) As used in this section, "prohibited submission" means the same as that term is 483 defined in Section 67-27-105. 484 (2) Except as provided in Subsections (4) and (6), an LEA or district school may not 485 require, request, solicit, or compel a prohibited submission as a certification or condition before 486 taking action with respect to: 487 (a) employment, including decisions regarding: 488 (i) hiring; 489 (ii) terms of employment; 490 (iii) benefits; 491 (iv) compensation; 492 (v) seniority status; 01-11-24 3:55 PM H.B. 261 - 17 - 493 (vi) tenure or continuing status; 494 (vii) promotion; 495 (viii) performance reviews; 496 (ix) transfer; 497 (x) termination; or 498 (xi) appointment; 499 (b) enrollment or graduation from the LEA or district school; 500 (c) participation in LEA- or district school-sponsored programs; or 501 (d) qualification for or receipt of state financial aid or other state financial assistance. 502 (3) An LEA or district school may not grant any form of preferential consideration to 503 an individual who, with or without solicitation from the LEA or district school, provides a 504 prohibited submission for consideration for any action described in Subsection (2). 505 (4) If federal law requires an LEA or district school to accept or require a prohibited 506 submission, the LEA or district school: 507 (a) may accept the prohibited submission only to the extent required under federal law; 508 and 509 (b) shall limit consideration of the information contained in the prohibited submission 510 to the extent necessary to satisfy the requirement under federal law. 511 (5) For a required prohibited submission under Subsection (4), an LEA shall: 512 (a) prepare a report to the local school board detailing the circumstances under which a 513 prohibited submission under Subsection (4) is required; and 514 (b) publish the report described in Subsection (5)(a) on the local school board website 515 in a conspicuous location. 516 (6) Nothing in this section limits or prohibits an LEA's or district school's authority to 517 establish policies that: 518 (a) are necessary to comply with state or federal law, including laws relating to 519 prohibited discrimination or harassment; or 520 (b) require an applicant for employment, tenure, continuing status, or promotion to 521 disclose or discuss the applicant's: 522 (i) teaching record; 523 (ii) artistic creations; or H.B. 261 01-11-24 3:55 PM - 18 - 524 (iii) pedagogical approaches or experiences with students of all learning abilities. 525 (7) The state board shall report to the Education Interim Committee on an LEA's and 526 district school's compliance with this section at or before the Education Interim Committee's 527 November interim committee meeting. 528 (8) An individual may bring a violation of this section to the state board in accordance 529 with the process described in Section 53E-3-401. 530 Section 9. Section 53G-2-104 is enacted to read: 531 53G-2-104. Prohibition on the use of certain training in public education -- 532 Exceptions. 533 (1) As used in this section, "prohibited training" means the same as that term is defined 534 in Section 67-25-106. 535 (2) An LEA or district school may not require prohibited training. 536 (3) The state board shall report to the Education Interim Committee on an LEA's and 537 district school's compliance with this section at or before the Education Interim Committee's 538 November interim committee meeting. 539 (4) An individual may bring a violation of this section to the state board in accordance 540 with the process described in Section 53E-3-401. 541 Section 10. Section 53G-2-105 is enacted to read: 542 53G-2-105. Prohibited discriminatory practices -- Restrictions - Reporting. 543 (1) As used in this section, "prohibited discriminatory practice" means the same as that 544 term is defined in Section 53B-1-118. 545 (2) An LEA or district school may not engage in prohibited discriminatory practices. 546 (3) Nothing in this section limits or prohibits an LEA or district school from 547 establishing policies that are necessary to comply with state or federal law, including laws 548 relating to prohibited discrimination or harassment. 549 (4) The state board shall report to the Education Interim Committee and the Public 550 Education Appropriations Subcommittee on an LEA's and district school's compliance with 551 this section at or before the Education Interim Committee's November interim committee 552 meeting. 553 (5) An individual may bring a violation of this section to the state board in accordance 554 with the process described in Section 53E-3-401. 01-11-24 3:55 PM H.B. 261 - 19 - 555 Section 11. Section 67-1-18 is enacted to read: 556 67-1-18. Oversight of governmental employer compliance. 557 (1) As used in this section, "governmental employer" means the same as that term is 558 defined in Section 67-27-105. 559 (2) The governor shall ensure that a governmental employer complies with the 560 provisions of Sections 67-27-105, 67-27-106, and 67-27-107. 561 Section 12. Section 67-27-105 is enacted to read: 562 67-27-105. Prohibition on the use of certain submissions by governmental 563 employers -- Exceptions. 564 (1) As used in this section: 565 (a) (i) "Governmental employer" means any department, division, agency, commission, 566 board, council, committee, authority, municipalities, counties, political subdivisions, or any 567 other institution of the state. 568 (ii) "Government employer" does not mean a local education agency, district school, or 569 institution of higher education. 570 (b) (i) "Prohibited submission" means a submission, statement, or document that 571 requires an individual to articulate the individual's position, view, contribution, effort, or 572 experience regarding a policy, program, or initiative that promotes differential treatment based 573 on an individual's personal identity characteristics, as that term is defined in Section 574 53B-1-118. 575 (ii) "Prohibited submission" includes a submission, statement, or document that relates 576 to a policy, program, or initiative regarding: 577 (A) anti-racism; 578 (B) bias; 579 (C) critical race theory; 580 (D) implicit bias; 581 (E) intersectionality; 582 (F) prohibited discriminatory practice, as that term is defined in Section 53B-1-118; or 583 (G) racial privilege. 584 (iii) "Prohibited submission" does not include a submission, statement, or document 585 for an employment position if the submission, statement, or document relates to a bona fide H.B. 261 01-11-24 3:55 PM - 20 - 586 occupational qualification for the position. 587 (2) Except as provided in Subsection (4), a governmental employer may not require, 588 request, solicit, or compel a prohibited submission as a certification or condition before taking 589 action with respect to: 590 (a) employment, including decisions regarding: 591 (i) hiring; 592 (ii) terms of employment; 593 (iii) benefits; 594 (iv) compensation; 595 (v) seniority status; 596 (vi) tenure or continuing status; 597 (vii) promotion; 598 (viii) performance reviews; 599 (ix) transfer; 600 (x) termination; or 601 (xi) appointment; or 602 (b) admissions and aid, including: 603 (i) admission to any state program or course; 604 (ii) financial or other forms of state-administered aid or assistance; and 605 (iii) other benefits from the governmental employer for which an individual is eligible. 606 (3) A governmental employer may not grant any form of preferential consideration to 607 an individual who, with or without solicitation from the governmental employer, provides a 608 prohibited submission for any action described in Subsection (2). 609 (4) If federal law requires a governmental employer to accept or require a prohibited 610 submission, the governmental employer: 611 (a) may accept the prohibited submission only to the extent required under federal law; 612 and 613 (b) shall limit consideration of the information contained in the prohibited submission 614 to the extent necessary to satisfy the requirement under federal law. 615 (5) Nothing in this section prohibits a governmental employer from: 616 (a) requiring compliance with state or federal law, including laws relating to prohibited 01-11-24 3:55 PM H.B. 261 - 21 - 617 discrimination or harassment; or 618 (b) enforcing state law, including state or federal laws relating to prohibited 619 discrimination or harassment. 620 Section 13. Section 67-27-106 is enacted to read: 621 67-27-106. Prohibition on the use of certain training by governmental employers 622 -- Exceptions. 623 (1) As used in this section: 624 (a) "Prohibited training" means a mandatory instructional program and related 625 materials that a governmental employer requires the governmental employer's current or 626 prospective employees to attend that promote prohibited discriminatory practices as that term is 627 defined in Section 53B-1-118. 628 (b) "Prohibited training" includes an in-person or online seminar, discussion group, 629 workshop, other program, or related materials. 630 (c) "Prohibited training" does not include human resource training for employees that 631 is necessary to comply with state law or federal law. 632 (2) A governmental employer may not require prohibited training. 633 Section 14. Section 67-27-107 is enacted to read: 634 67-27-107. Prohibited discriminatory practices -- Restrictions -- Reporting. 635 (1) As used in this section, "prohibited discriminatory practice" means the same as that 636 term is defined in Section 53B-1-118. 637 (2) A governmental employer may not: 638 (a) establish or maintain an office, division, or employment position to implement, 639 develop, plan, or promote prohibited discriminatory practices; or 640 (b) employ or assign an employee or a third-party whose duties include coordinating, 641 creating, developing, designing, implementing, organizing, planning, or promoting prohibited 642 discriminatory practices. 643 (3) Nothing in this section limits or prohibits a governmental employer's authority to 644 establish policies that are necessary to comply with state or federal law, including laws relating 645 to prohibited discrimination or harassment. 646 Section 15. Effective date. 647 This bill takes effect on July 1, 2024.

Enrolled Copy H.B. 261 1 EQUAL OPPORTUNITY INITIATIVES 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Katy Hall 5 Senate Sponsor: Keith Grover 6 7 LONG TITLE 8 General Description: 9 This bill prohibits an institution of higher education, the public education system, and a 10 governmental employer from taking certain actions and engaging in discriminatory 11 practices. 12 Highlighted Provisions: 13 This bill: 14 < defines terms; 15 < prohibits an institution of higher education, the public education system, and a 16 governmental employer from: 17 C requiring an individual, before, during, or after admission or employment, to 18 provide certain submissions or attend certain training that promotes differential 19 treatment; 20 C using an individual's certain characteristics in decisions regarding aspects of 21 employment or education; and 22 C engaging in certain practices; 23 < requires the Utah Board of Higher Education (board), the State Board of Education 24 (state board), the state auditor, and executive agency directors to review and report 25 compliance with certain requirements; 26 < prohibits an institution of higher education, the state board, and a governmental 27 employer from establishing or maintaining an office that engages in certain 28 practices; 29 < requires an institution of higher education to: H.B. 261 Enrolled Copy - 2 - 30 C contract with a third party to conduct campus climate surveys; 31 C provide certain training; and 32 C collect and send the surveys to the Office of Legislative Research and General 33 Counsel (OLRGC); 34 < requires OLRGC to provide campus climate survey summaries to the Education 35 Interim Committee at certain times; 36 < provides for certain measures of legislative oversight; 37 < appropriates funding for a certain institution of higher education program; 38 < provides that an individual may submit a complaint for noncompliance to: 39 C for an institution, the board; or 40 C for public education, the state board; 41 < provides limited exceptions to the prohibitions in this bill; and 42 < makes technical and conforming changes. 43 Money Appropriated in this Bill: 44 None 45 Other Special Clauses: 46 This bill provides a special effective date. 47 Utah Code Sections Affected: 48 AMENDS: 49 53B-1-301, as last amended by Laws of Utah 2023, Chapter 374 50 53E-1-201, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380 51 67-3-1, as last amended by Laws of Utah 2023, Chapters 16, 330, 353, and 480 52 ENACTS: 53 53B-1-116, Utah Code Annotated 1953 54 53B-1-117, Utah Code Annotated 1953 55 53B-1-118, Utah Code Annotated 1953 56 53E-3-1101, Utah Code Annotated 1953 57 53G-2-103, Utah Code Annotated 1953 Enrolled Copy H.B. 261 - 3 - 58 53G-2-104, Utah Code Annotated 1953 59 53G-2-105, Utah Code Annotated 1953 60 67-27-105, Utah Code Annotated 1953 61 67-27-106, Utah Code Annotated 1953 62 67-27-107, Utah Code Annotated 1953 63 64 Be it enacted by the Legislature of the state of Utah: 65 Section 1. Section 53B-1-116 is enacted to read: 66 53B-1-116. Prohibition on the use of certain submissions in higher education -- 67 Exceptions. 68 (1) As used in this section, "prohibited submission" means the same as that term is 69 defined in Section 67-27-105. 70 (2) Except as provided in Subsections (4) and (6), an institution may not require, 71 request, solicit, or compel a prohibited submission as a certification or condition before taking 72 action with respect to: 73 (a) employment, including decisions regarding: 74 (i) hiring; 75 (ii) terms of employment; 76 (iii) benefits; 77 (iv) compensation; 78 (v) seniority status; 79 (vi) tenure or continuing status; 80 (vii) promotion; 81 (viii) performance reviews; 82 (ix) transfer; 83 (x) termination; or 84 (xi) appointment; 85 (b) admission to, advancement in, or graduation from an institution or an academic H.B. 261 Enrolled Copy - 4 - 86 program; 87 (c) participation in an institution-sponsored program; or 88 (d) qualification for or receipt of state financial aid or other state financial assistance. 89 (3) An institution may not grant any form of preferential consideration to an individual 90 who, with or without solicitation from the institution, provides a prohibited submission for 91 consideration for any action described in Subsection (2). 92 (4) If federal law requires an institution to accept or require a prohibited submission, 93 the institution: 94 (a) may accept the prohibited submission only to the extent required under federal law; 95 and 96 (b) shall limit consideration of the information contained in the prohibited submission 97 to the extent necessary to satisfy the requirement under federal law. 98 (5) For a required prohibited submission under Subsection (4), an institution shall: 99 (a) prepare a report to the institution's governing board detailing the circumstances 100 under which a prohibited submission is required; and 101 (b) publish the report described in Subsection (5)(a) on the institution's governing 102 board website in a conspicuous location. 103 (6) Nothing in this section limits or prohibits an institution's authority to establish 104 policies that: 105 (a) are necessary to comply with state or federal law, including laws relating to 106 prohibited discrimination or harassment; 107 (b) require disclosure of an employee's academic research, classroom teaching, or 108 coursework; or 109 (c) require an applicant for employment, tenure, or promotion to disclose or discuss the 110 applicant's: 111 (i) research; 112 (ii) teaching agenda; 113 (iii) artistic creations; or Enrolled Copy H.B. 261 - 5 - 114 (iv) pedagogical approaches or experiences with students of all learning abilities. 115 (7) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 116 institution of higher education's compliance with this section as follows: 117 (i) for 2025, on each institution of higher education; and 118 (ii) for 2026, and every year after, on one-half of the degree granting institutions of 119 higher education and one-half of the technical colleges. 120 (b) If the board identifies a violation of this section, the board shall: 121 (i) on or before 30 days after the day on which the board identifies the violation, work 122 with the institution to create a remediation plan; and 123 (ii) provide the institution 180 days after the day of the creation of the remediation plan 124 to cure the violation. 125 (8) On or before November 1 of each year, the board shall prepare and submit a report 126 to the Higher Education Appropriations Subcommittee on: 127 (a) the review process and each institution's compliance determination; or 128 (b) if a violation is identified, the remediation plan and progress under Subsection 129 (7)(b). 130 (9) The Legislature may withhold future state appropriations to an institution that fails 131 to cure a violation of this section within the time provided under Subsection (7)(b). 132 (10) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 133 Administrative Rulemaking Act, to establish a procedure for accepting and processing an 134 individual's complaint against an institution for an alleged violation of this section. 135 Section 2. Section 53B-1-117 is enacted to read: 136 53B-1-117. Prohibition on the use of certain training in higher education -- 137 Exceptions. 138 (1) As used in this section: 139 (a) "Prohibited training" means a mandatory instructional program and related 140 materials that an institution requires the institution's employees, prospective employees, 141 students, or prospective students, to attend that promote prohibited discriminatory practices as H.B. 261 Enrolled Copy - 6 - 142 that term is defined in Section 53B-1-118. 143 (b) "Prohibited training" includes an in-person or online seminar, discussion group, 144 workshop, other program, or related materials. 145 (2) An institution may not require prohibited training. 146 (3) An institution shall annually train the institution's faculty and staff on academic 147 freedom and freedom of speech in accordance with state or federal law. 148 (4) Nothing in this section limits or prohibits an institution's authority to establish 149 policies that are necessary to comply with state or federal law, including laws relating to 150 prohibited discrimination or harassment. 151 (5) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 152 institution of higher education's compliance with this section as follows: 153 (i) for 2025, on each institution of higher education; and 154 (ii) for 2026, and every year after, on one-half of the institutions of higher education 155 and one-half of the technical colleges. 156 (b) If the board identifies a violation of this section, the board shall: 157 (i) on or before 30 days after the day on which the board identifies the violation, work 158 with the institution to create a remediation plan; and 159 (ii) provide the institution 180 days after the day of the creation of the remediation plan 160 to cure the violation. 161 (6) On or before November 1 of each year, the board shall prepare and submit a report 162 to the Higher Education Appropriations Subcommittee on: 163 (a) the review process and each institution's compliance determination; or 164 (b) if a violation is identified, the remediation plan and progress under Subsection 165 (5)(b). 166 (7) The Legislature may withhold future state appropriations to an institution that fails 167 to cure a violation of this section within the time provided under Subsection (5)(b). 168 (8) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 169 Administrative Rulemaking Act, to establish a procedure for accepting and processing an Enrolled Copy H.B. 261 - 7 - 170 individual's complaint against an institution for an alleged violation of this section. 171 Section 3. Section 53B-1-118 is enacted to read: 172 53B-1-118. Prohibited discriminatory practices -- Restrictions -- Campus climate 173 survey -- Exceptions. 174 (1) As used in this section: 175 (a) "Important government interest" means a governmental purpose relating to athletic 176 competition or athletic safety in public education or privacy. 177 (b) "Personal identity characteristics" means an individual's race, color, ethnicity, sex, 178 sexual orientation, national origin, religion, or gender identity. 179 (c) (i) "Prohibited discriminatory practice" means engaging in or maintaining a policy, 180 procedure, practice, program, office, initiative, or required training that, based on an 181 individual's personal identity characteristics: 182 (A) promotes the differential treatment of an individual without an important 183 government interest; 184 (B) influences the employment decisions of an individual other than through the use of 185 neutral hiring processes with regard to personal identity characteristics and in accordance with 186 federal law; 187 (C) influences an individual's admission to, advancement in, or graduation from an 188 institution, the public education system, or an academic program; or 189 (D) influences an individual's participation in an institution-sponsored or public 190 education system-sponsored program. 191 (ii) "Prohibited discriminatory practice" also means engaging in or maintaining a 192 policy, procedure, practice, program, office, initiative, or required training that: 193 (A) asserts that one personal identity characteristic is inherently superior or inferior to 194 another personal identity characteristic; 195 (B) asserts that an individual, by virtue of the individual's personal identity 196 characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim, 197 whether consciously or unconsciously; H.B. 261 Enrolled Copy - 8 - 198 (C) asserts that an individual should be discriminated against in violation of Title VI, 199 Title VII, and Title IX, receive adverse treatment, be advanced, or receive beneficial treatment 200 because of the individual's personal identity characteristics; 201 (D) asserts that an individual's moral character is determined by the individual's 202 personal identity characteristics; 203 (E) asserts that an individual, by virtue of the individual's personal identity 204 characteristics, bears responsibility for actions committed in the past by other individuals with 205 the same personal identity characteristics; 206 (F) asserts that an individual should feel discomfort, guilt, anguish, or other 207 psychological distress solely because of the individual's personal identity characteristics; 208 (G) asserts that meritocracy is inherently racist or sexist; 209 (H) asserts that socio-political structures are inherently a series of power relationships 210 and struggles among racial groups; 211 (I) promotes resentment between, or resentment of, individuals by virtue of their 212 personal identity characteristics; 213 (J) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual 214 because of the individual's race, color, ethnicity, sex, sexual orientation, national origin, or 215 gender identity; 216 (K) considers an individual's personal identity characteristics in determining receipt of 217 state financial aid or other state financial assistance, including a scholarship award or tuition 218 waiver; or 219 (L) is referred to or named diversity, equity, and inclusion. 220 (iii) "Prohibited discriminatory practice" does not include policies or procedures 221 required by state or federal law, including laws relating to prohibited discrimination or 222 harassment. 223 (d) "Student success and support" means an office, division, employment position, or 224 other unit of an institution established or maintained to provide support, guidance, and 225 resources that equip all students, including all students at higher risk of not completing a Enrolled Copy H.B. 261 - 9 - 226 certificate or degree, with experiences and opportunities for success in each student's academic 227 and career goals, and without excluding individuals on the basis of an individual's personal 228 identity characteristics. 229 (e) "Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et 230 seq. 231 (f) "Title VII" means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et 232 seq. 233 (g) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 234 1681 et seq. 235 (2) An institution may not: 236 (a) engage in prohibited discriminatory practices; 237 (b) take, express, or assert a position or opinion on subjects described in Subsection 238 67-27-105(1)(b)(ii); 239 (c) establish or maintain an office, division, employment position, or other unit of an 240 institution established to implement, develop, plan, or promote campus policies, procedures, 241 practices, programs, or initiatives, regarding prohibited discriminatory practices; or 242 (d) employ or assign an employee or a third-party whose duties for an institution 243 include coordinating, creating, developing, designing, implementing, organizing, planning, or 244 promoting policies, programming, training, practices, activities, and procedures relating to 245 prohibited discriminatory practices. 246 (3) An institution shall: 247 (a) ensure that all students have access to programs providing student success and 248 support; 249 (b) publish the titles and syllabi of all mandatory courses, seminars, classes, 250 workshops, and training sessions on the institution's website in an online database readily 251 searchable by the public; 252 (c) annually train employees on the separation of personal political advocacy from an 253 institution's business and employment activities; H.B. 261 Enrolled Copy - 10 - 254 (d) develop strategies, including inviting speakers, to promote viewpoint diversity; and 255 (e) establish policies and procedures to include opportunities for education and 256 research on free speech and civic education. 257 (4) Beginning on or before July 1, 2025, the board shall report to the Higher Education 258 Appropriations Subcommittee on the status and allocation of appropriated funds for student 259 success and support. 260 (5) The Legislature shall, in a line item appropriation, appropriate ongoing funding to 261 support an institution's student success and support program in accordance with this section. 262 (6) (a) On or before January 1, 2025, the board shall contract with a third-party 263 contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to conduct a 264 campus expression climate survey of each institution: 265 (i) to assess student, faculty, and staff perceptions of and experiences with an 266 institution's campus environment that measures the student's, faculty member's, and staff 267 member's perception of and experience with an institution's campus environment; and 268 (ii) that measures the student's, faculty member's, and staff member's perception of and 269 experience with campus policy and practice regarding freedom of speech and academic 270 freedom at the institution. 271 (b) The board shall collect the results of each campus expression climate survey under 272 Subsection (6) and submit the results to the Office of Legislative Research and General 273 Counsel beginning on or before July 1. 274 (7) (a) The Office of Legislative Research and General Counsel shall provide a 275 summary report on the data collected from the campus expression climate surveys to the 276 Education Interim Committee on or before: 277 (i) November 1, 2027, for reports received in years 2025, 2026, and 2027; 278 (ii) November 1, 2030, for reports received in years 2028, 2029, and 2030; and 279 (iii) November 1, 2033, for reports received in years 2031, 2032, and 2033. 280 (b) On or before November 1, 2035, the Office of Legislative Research and General 281 Counsel shall provide a comprehensive report of the campus expression climate surveys to the Enrolled Copy H.B. 261 - 11 - 282 Education Interim Committee. 283 (8) Nothing in this section requires an individual to respond to a campus expression 284 climate survey. 285 (9) Nothing in this section limits or prohibits an institution's authority to establish 286 policies that: 287 (a) are necessary to comply with state or federal law, including laws relating to 288 prohibited discrimination or harassment; 289 (b) require disclosure of an employee's academic research, classroom teaching, or 290 coursework; or 291 (c) require for employment, tenure, or promotion to disclose or discuss the applicant's: 292 (i) research; 293 (ii) teaching agenda; 294 (iii) artistic creations; or 295 (iv) pedagogical approaches or experiences with students of all learning abilities. 296 (10) This section does not apply to: 297 (a) requirements necessary for athletic and accreditation compliance; 298 (b) academic research; 299 (c) academic course teaching in the classroom; 300 (d) a grant that would otherwise require: 301 (i) a department, office, division, or other unit of an institution to engage in a 302 prohibited discriminatory practice if the grant has been reviewed and approved by the 303 institution's board of trustees; or 304 (ii) an institution to engage in a prohibited discriminatory practice if the grant has been 305 reviewed and approved by the board; 306 (e) requirements necessary for an institution to establish or maintain eligibility for any 307 federal program; or 308 (f) private scholarships administered by an institution. 309 (11) Notwithstanding any other provision of this part, the University of Utah may take H.B. 261 Enrolled Copy - 12 - 310 any action required for the University of Utah to comply with the terms of an agreement 311 entered into between the University of Utah and the Ute Indian Tribe before July 1, 2024. 312 (12) (a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 313 institution of higher education's compliance with this section as follows: 314 (i) for 2025, on each institution of higher education; and 315 (ii) for 2026, and every year after, on one-half of the degree granting institutions of 316 higher education and one-half of the technical colleges. 317 (b) If the board identifies a violation of this section, the board shall: 318 (i) on or before 30 days after the day on which the board identifies the violation, work 319 with the institution to create a remediation plan; and 320 (ii) provide the institution 180 days after the day of the creation of the remediation plan 321 to cure the violation. 322 (13) On or before November 1 of each year, the board shall prepare and submit a report 323 to the Higher Education Appropriations Subcommittee on: 324 (a) the review process and each institution's compliance determination; or 325 (b) if a violation is identified, the remediation plan and progress under Subsection 326 (12)(b). 327 (14) On or before December 1 of each year, the Higher Education Appropriations 328 Subcommittee shall: 329 (a) report the findings under Subsections (4) and (13) to the Legislature; and 330 (b) make appropriation recommendations about an institution's compliance with this 331 section. 332 (15) The Legislature may withhold future state appropriations to an institution that fails 333 to cure a violation of this section within the time provided under Subsection (12)(b). 334 (16) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 335 Administrative Rulemaking Act, to establish a procedure for accepting and processing an 336 individual's complaint against an institution for an alleged violation of this section. 337 Section 4. Section 53B-1-301 is amended to read: Enrolled Copy H.B. 261 - 13 - 338 53B-1-301. Reports to and actions of the Higher Education Appropriations 339 Subcommittee. 340 (1) In accordance with applicable provisions and Section 68-3-14, the following 341 recurring reports are due to the Higher Education Appropriations Subcommittee: 342 (a) the reports described in Sections 53B-1-116, 53B-1-117, and 53B-1-118; 343 (b) the reports described in Sections 34A-2-202.5, 53B-30-206, and 59-9-102.5 by the 344 Rocky Mountain Center for Occupational and Environmental Health; 345 [(b)] (c) the report described in Section 53B-7-101 by the board on recommended 346 appropriations for higher education institutions, including the report described in Section 347 53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships; 348 [(c)] (d) the report described in Section 53B-7-704 by the Department of Workforce 349 Services and the Governor's Office of Economic Opportunity on targeted jobs; 350 [(d)] (e) the reports described in Section 53B-7-705 by the board on performance; 351 [(e)] (f) the report described in Section 53B-8-201 by the board on the Opportunity 352 Scholarship Program; 353 [(f)] (g) the report described in Section 53B-8d-104 by the Division of Child and 354 Family Services on tuition waivers for wards of the state; 355 [(g)] (h) the report described in Section 53B-13a-103 by the board on the Utah Promise 356 Program; 357 [(h)] (i) the report described in Section 53B-17-201 by the University of Utah 358 regarding the Miners' Hospital for Disabled Miners; 359 [(i)] (j) the report described in Section 53B-26-202 by the Medical Education Council 360 on projected demand for nursing professionals; 361 [(j)] (k) the report described in Section 53B-35-202 regarding the Higher Education 362 and Corrections Council; and 363 [(k)] (l) the report described in Section 53E-10-308 by the State Board of Education 364 and board on student participation in the concurrent enrollment program. 365 (2) In accordance with applicable provisions and Section 68-3-14, the following H.B. 261 Enrolled Copy - 14 - 366 occasional reports are due to the Higher Education Appropriations Subcommittee: 367 (a) upon request, the information described in Section 53B-8a-111 submitted by the 368 Utah Educational Savings Plan; 369 (b) a proposal described in Section 53B-26-202 by an eligible program to respond to 370 projected demand for nursing professionals; and 371 (c) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board 372 on the fire and rescue training program described in Section 53B-29-202. 373 (3) In accordance with applicable provisions, the Higher Education Appropriations 374 Subcommittee shall complete the following: 375 (a) an appropriation recommendation described in Section 53B-1-118 regarding 376 compliance with Subsections 53B-1-118(5) and (14); 377 (b) as required by Section 53B-7-703, the review of performance funding described in 378 Section 53B-7-703; 379 [(b)] (c) an appropriation recommendation described in Section 53B-26-202 to fund a 380 proposal responding to projected demand for nursing professionals; and 381 [(c)] (d) review of the report described in Section 63B-10-301 by the University of 382 Utah on the status of a bond and bond payments specified in Section 63B-10-301. 383 Section 5. Section 53E-1-201 is amended to read: 384 53E-1-201. Reports to and action required of the Education Interim Committee. 385 (1) In accordance with applicable provisions and Section 68-3-14, the following 386 recurring reports are due to the Education Interim Committee: 387 (a) the report described in Section 9-22-109 by the STEM Action Center Board, 388 including the information described in Section 9-22-113 on the status of the computer science 389 initiative and Section 9-22-114 on the Computing Partnerships Grants Program; 390 (b) the prioritized list of data research described in Section 53B-33-302 and the report 391 on research and activities described in Section 53B-33-304 by the Utah Data Research Center; 392 (c) the report described in Section 35A-15-303 by the State Board of Education on 393 preschool programs; Enrolled Copy H.B. 261 - 15 - 394 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education 395 on career and technical education issues and addressing workforce needs; 396 (e) the annual report of the Utah Board of Higher Education described in Section 397 53B-1-402; 398 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education 399 regarding activities related to campus safety; 400 (g) the State Superintendent's Annual Report by the state board described in Section 401 53E-1-203; 402 (h) the annual report described in Section 53E-2-202 by the state board on the strategic 403 plan to improve student outcomes; 404 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for 405 the Deaf and the Blind; 406 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective, 407 Actionable, and Dynamic Education director on research and other activities; 408 (k) the report described in Section 53F-2-522 regarding mental health screening 409 programs; 410 (l) the report described in Section 53F-4-203 by the state board and the independent 411 evaluator on an evaluation of early interactive reading software; 412 (m) the report described in Section 63N-20-107 by the Governor's Office of Economic 413 Opportunity on UPSTART; 414 (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board 415 related to grants for professional learning and grants for an elementary teacher preparation 416 assessment; 417 (o) upon request, the report described in Section 53F-5-219 by the state board on the 418 Local Innovations Civics Education Pilot Program; 419 (p) the report described in Section 53F-5-405 by the State Board of Education 420 regarding an evaluation of a partnership that receives a grant to improve educational outcomes 421 for students who are low income; H.B. 261 Enrolled Copy - 16 - 422 (q) the report described in Section 53B-35-202 regarding the Higher Education and 423 Corrections Council; 424 (r) the report described in Section 53G-7-221 by the State Board of Education 425 regarding innovation plans; 426 (s) the annual report described in Section 63A-2-502 by the Educational Interpretation 427 and Translation Service Procurement Advisory Council; and 428 (t) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship 429 Program. 430 (2) In accordance with applicable provisions and Section 68-3-14, the following 431 occasional reports are due to the Education Interim Committee: 432 (a) the report described in Section 35A-15-303 by the School Readiness Board by 433 November 30, 2020, on benchmarks for certain preschool programs; 434 (b) in 2027, 2030, 2033, and 2035, the reports described in Sections 53B-1-116, 435 53B-1-117, and 53B-1-118; 436 [(b)] (c) the report described in Section 53B-28-402 by the Utah Board of Higher 437 Education on or before the Education Interim Committee's November 2021 meeting; 438 [(c)] (d) if required, the report described in Section 53E-4-309 by the state board 439 explaining the reasons for changing the grade level specification for the administration of 440 specific assessments; 441 [(d)] (e) if required, the report described in Section 53E-5-210 by the state board of an 442 adjustment to the minimum level that demonstrates proficiency for each statewide assessment; 443 [(e)] (f) in 2022 and in 2023, on or before November 30, the report described in 444 Subsection 53E-10-309(5) related to the PRIME pilot program; 445 [(f)] (g) the report described in Section 53E-10-702 by Utah Leading through Effective, 446 Actionable, and Dynamic Education; 447 [(g)] (h) if required, the report described in Section 53F-2-513 by the state board 448 evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in 449 high poverty schools; Enrolled Copy H.B. 261 - 17 - 450 [(h)] (i) the report described in Section 53F-5-210 by the state board on the Educational 451 Improvement Opportunities Outside of the Regular School Day Grant Program; 452 [(i)] (j) upon request, a report described in Section 53G-7-222 by an LEA regarding 453 expenditure of a percentage of state restricted funds to support an innovative education 454 program; 455 [(j)] (k) the report described in Section 53G-7-503 by the state board regarding fees 456 that LEAs charge during the 2020-2021 school year; 457 [(k)] (l) the reports described in Section 53G-11-304 by the state board regarding 458 proposed rules and results related to educator exit surveys; and 459 [(l)] (m) the report described in Section 26B-5-113 by the Office of Substance Use and 460 Mental Health, the State Board of Education, and the Department of Health and Human 461 Service regarding recommendations related to Medicaid reimbursement for school-based health 462 services. 463 Section 6. Section 53E-3-1101 is enacted to read: 464 53E-3-1101. Prohibited discriminatory practices -- Restrictions -- Reporting. 465 (1) As used in this section, "prohibited discriminatory practice" means the same as that 466 term is defined in Section 53B-1-118. 467 (2) The state board may not: 468 (a) establish or maintain an office, division, or employment position established to 469 implement, develop, plan, or promote policies, procedures, practices, programs, or initiatives, 470 regarding prohibited discriminatory practices; or 471 (b) employ or assign an employee or a third-party whose duties for the state board 472 include coordinating, creating, developing, designing, implementing, organizing, planning, or 473 promoting policies, programming, training, practices, activities, and procedures relating to 474 prohibited discriminatory practices. 475 (3) Nothing in this section limits or prohibits the state board's authority to establish 476 policies that are necessary to comply with state or federal law, including laws relating to 477 prohibited discrimination or harassment. H.B. 261 Enrolled Copy - 18 - 478 (4) The state board shall provide an update to the Education Interim Committee and 479 Public Education Appropriations Subcommittee on the state board's compliance with this 480 section at or before: 481 (a) the Education Interim Committee's November interim committee meeting; and 482 (b) the Public Education Appropriations Subcommittee December interim 483 subcommittee meeting. 484 Section 7. Section 53G-2-103 is enacted to read: 485 53G-2-103. Prohibition on the use of certain submissions in public education -- 486 Exceptions. 487 (1) As used in this section, "prohibited submission" means the same as that term is 488 defined in Section 67-27-105. 489 (2) Except as provided in Subsections (4) and (6), an LEA may not require, request, 490 solicit, or compel a prohibited submission as a certification or condition before taking action 491 with respect to: 492 (a) employment, including decisions regarding: 493 (i) hiring; 494 (ii) terms of employment; 495 (iii) benefits; 496 (iv) compensation; 497 (v) seniority status; 498 (vi) tenure or continuing status; 499 (vii) promotion; 500 (viii) performance reviews; 501 (ix) transfer; 502 (x) termination; or 503 (xi) appointment; 504 (b) enrollment or graduation from the LEA; 505 (c) participation in LEA-sponsored programs; or Enrolled Copy H.B. 261 - 19 - 506 (d) qualification for or receipt of state financial aid or other state financial assistance. 507 (3) An LEA may not grant any form of preferential consideration to an individual who, 508 with or without solicitation from the LEA, provides a prohibited submission for consideration 509 for any action described in Subsection (2). 510 (4) If federal law requires an LEA to accept or require a prohibited submission, the 511 LEA: 512 (a) may accept the prohibited submission only to the extent required under federal law; 513 and 514 (b) shall limit consideration of the information contained in the prohibited submission 515 to the extent necessary to satisfy the requirement under federal law. 516 (5) For a required prohibited submission under Subsection (4), an LEA shall notify the 517 state board detailing the circumstances under which a prohibited submission under Subsection 518 (4) is required. 519 (6) Nothing in this section limits or prohibits an LEA's authority to establish policies 520 that: 521 (a) are necessary to comply with state or federal law, including laws relating to 522 prohibited discrimination or harassment; or 523 (b) require an applicant for employment, tenure, continuing status, or promotion to 524 disclose or discuss the applicant's: 525 (i) teaching record; 526 (ii) artistic creations; or 527 (iii) pedagogical approaches or experiences with students of all learning abilities. 528 (7) If the state board identifies a reported violation of this section, the state board shall 529 provide an update to the Education Interim Committee on an LEA's compliance with this 530 section at or before the Education Interim Committee's November interim committee meeting. 531 (8) An individual may bring a violation of this section to the state board in accordance 532 with the process described in Section 53E-3-401. 533 Section 8. Section 53G-2-104 is enacted to read: H.B. 261 Enrolled Copy - 20 - 534 53G-2-104. Prohibition on the use of certain training in public education -- 535 Exceptions. 536 (1) As used in this section: 537 (a) "Prohibited training" means a mandatory instructional program and related 538 materials that an LEA requires the LEA's employees, prospective employees, students, or 539 prospective students, to attend that promote prohibited discriminatory practices as that term is 540 defined in Section 53B-1-118. 541 (b) "Prohibited training" includes an in-person or online seminar, discussion group, 542 workshop, other program, or related materials. 543 (2) An LEA may not require prohibited training. 544 (3) Nothing in this section limits or prohibits an LEA's authority to establish policies 545 that are necessary to comply with state or federal law, including laws relating to prohibited 546 discrimination or harassment. 547 (4) If the state board identifies a reported violation of this section, the state board shall 548 provide an update to the Education Interim Committee on an LEA's compliance with this 549 section at or before the Education Interim Committee's November interim committee meeting. 550 (5) An individual may bring a violation of this section to the state board in accordance 551 with the process described in Section 53E-3-401. 552 Section 9. Section 53G-2-105 is enacted to read: 553 53G-2-105. Prohibited discriminatory practices -- Restrictions -- Reporting. 554 (1) As used in this section, "prohibited discriminatory practice" means the same as that 555 term is defined in Section 53B-1-118. 556 (2) An LEA may not: 557 (a) engage in prohibited discriminatory practices; 558 (b) establish or maintain an office, division, employment position, or other unit of an 559 institution established to implement, develop, plan, or promote campus policies, procedures, 560 practices, programs, or initiatives, regarding prohibited discriminatory practices; or 561 (c) employ or assign an employee or a third-party whose duties for an institution Enrolled Copy H.B. 261 - 21 - 562 include coordinating, creating, developing, designing, implementing, organizing, planning, or 563 promoting policies, programming, training, practices, activities, and procedures relating to 564 prohibited discriminatory practices. 565 (3) An LEA shall ensure that all students have access to programs providing student 566 success and support, as that term is defined in Section 53B-1-118. 567 (4) Nothing in this section limits or prohibits an LEA's authority to establish policies 568 that are necessary to comply with state or federal law, including laws relating to prohibited 569 discrimination or harassment. 570 (5) If the state board identifies a reported violation of this section, the state board shall 571 provide an update to the Education Interim Committee and the Public Education 572 Appropriations Subcommittee on an LEA's compliance with this section at or before the 573 Education Interim Committee's November interim committee meeting. 574 (6) An individual may bring a violation of this section to the state board in accordance 575 with the process described in Section 53E-3-401. 576 Section 10. Section 67-3-1 is amended to read: 577 67-3-1. Functions and duties. 578 (1) (a) The state auditor is the auditor of public accounts and is independent of any 579 executive or administrative officers of the state. 580 (b) The state auditor is not limited in the selection of personnel or in the determination 581 of the reasonable and necessary expenses of the state auditor's office. 582 (2) The state auditor shall examine and certify annually in respect to each fiscal year, 583 financial statements showing: 584 (a) the condition of the state's finances; 585 (b) the revenues received or accrued; 586 (c) expenditures paid or accrued; 587 (d) the amount of unexpended or unencumbered balances of the appropriations to the 588 agencies, departments, divisions, commissions, and institutions; and 589 (e) the cash balances of the funds in the custody of the state treasurer. H.B. 261 Enrolled Copy - 22 - 590 (3) (a) The state auditor shall: 591 (i) audit each permanent fund, each special fund, the General Fund, and the accounts of 592 any department of state government or any independent agency or public corporation as the law 593 requires, as the auditor determines is necessary, or upon request of the governor or the 594 Legislature; 595 (ii) perform the audits in accordance with generally accepted auditing standards and 596 other auditing procedures as promulgated by recognized authoritative bodies; and 597 (iii) as the auditor determines is necessary, conduct the audits to determine: 598 (A) honesty and integrity in fiscal affairs; 599 (B) accuracy and reliability of financial statements; 600 (C) effectiveness and adequacy of financial controls; and 601 (D) compliance with the law. 602 (b) If any state entity receives federal funding, the state auditor shall ensure that the 603 audit is performed in accordance with federal audit requirements. 604 (c) (i) The costs of the federal compliance portion of the audit may be paid from an 605 appropriation to the state auditor from the General Fund. 606 (ii) If an appropriation is not provided, or if the federal government does not 607 specifically provide for payment of audit costs, the costs of the federal compliance portions of 608 the audit shall be allocated on the basis of the percentage that each state entity's federal funding 609 bears to the total federal funds received by the state. 610 (iii) The allocation shall be adjusted to reflect any reduced audit time required to audit 611 funds passed through the state to local governments and to reflect any reduction in audit time 612 obtained through the use of internal auditors working under the direction of the state auditor. 613 (4) (a) Except as provided in Subsection (4)(b), the state auditor shall, in addition to 614 financial audits, and as the auditor determines is necessary, conduct performance and special 615 purpose audits, examinations, and reviews of any entity that receives public funds, including a 616 determination of any or all of the following: 617 (i) the honesty and integrity of all the entity's fiscal affairs; Enrolled Copy H.B. 261 - 23 - 618 (ii) whether the entity's administrators have faithfully complied with legislative intent; 619 (iii) whether the entity's operations have been conducted in an efficient, effective, and 620 cost-efficient manner; 621 (iv) whether the entity's programs have been effective in accomplishing the intended 622 objectives; and 623 (v) whether the entity's management, control, and information systems are adequate, 624 effective, and secure. 625 (b) The auditor may not conduct performance and special purpose audits, 626 examinations, and reviews of any entity that receives public funds if the entity: 627 (i) has an elected auditor; and 628 (ii) has, within the entity's last budget year, had the entity's financial statements or 629 performance formally reviewed by another outside auditor. 630 (5) The state auditor: 631 (a) shall administer any oath or affirmation necessary to the performance of the duties 632 of the auditor's office; and 633 (b) may: 634 (i) subpoena witnesses and documents, whether electronic or otherwise; and 635 (ii) examine into any matter that the auditor considers necessary. 636 (6) The state auditor may require all persons who have had the disposition or 637 management of any property of this state or its political subdivisions to submit statements 638 regarding the property at the time and in the form that the auditor requires. 639 (7) The state auditor shall: 640 (a) except where otherwise provided by law, institute suits in Salt Lake County in 641 relation to the assessment, collection, and payment of revenues against: 642 (i) persons who by any means have become entrusted with public money or property 643 and have failed to pay over or deliver the money or property; and 644 (ii) all debtors of the state; 645 (b) collect and pay into the state treasury all fees received by the state auditor; H.B. 261 Enrolled Copy - 24 - 646 (c) perform the duties of a member of all boards of which the state auditor is a member 647 by the constitution or laws of the state, and any other duties that are prescribed by the 648 constitution and by law; 649 (d) stop the payment of the salary of any state official or state employee who: 650 (i) refuses to settle accounts or provide required statements about the custody and 651 disposition of public funds or other state property; 652 (ii) refuses, neglects, or ignores the instruction of the state auditor or any controlling 653 board or department head with respect to the manner of keeping prescribed accounts or funds; 654 or 655 (iii) fails to correct any delinquencies, improper procedures, and errors brought to the 656 official's or employee's attention; 657 (e) establish accounting systems, methods, and forms for public accounts in all taxing 658 or fee-assessing units of the state in the interest of uniformity, efficiency, and economy; 659 (f) superintend the contractual auditing of all state accounts; 660 (g) subject to Subsection (8)(a), withhold state allocated funds or the disbursement of 661 property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that 662 officials and employees in those taxing units comply with state laws and procedures in the 663 budgeting, expenditures, and financial reporting of public funds; 664 (h) subject to Subsection (9), withhold the disbursement of tax money from any county, 665 if necessary, to ensure that officials and employees in the county comply with Section 666 59-2-303.1; and 667 (i) withhold state allocated funds or the disbursement of property taxes from a local 668 government entity or a limited purpose entity, as those terms are defined in Section 67-1a-15 if 669 the state auditor finds the withholding necessary to ensure that the entity registers and 670 maintains the entity's registration with the lieutenant governor, in accordance with Section 671 67-1a-15. 672 (8) (a) Except as otherwise provided by law, the state auditor may not withhold funds 673 under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal Enrolled Copy H.B. 261 - 25 - 674 written notice of noncompliance from the auditor and has been given 60 days to make the 675 specified corrections. 676 (b) If, after receiving notice under Subsection (8)(a), a state or independent local 677 fee-assessing unit that exclusively assesses fees has not made corrections to comply with state 678 laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the 679 state auditor: 680 (i) shall provide a recommended timeline for corrective actions; 681 (ii) may prohibit the state or local fee-assessing unit from accessing money held by the 682 state; and 683 (iii) may prohibit a state or local fee-assessing unit from accessing money held in an 684 account of a financial institution by filing an action in district court requesting an order of the 685 court to prohibit a financial institution from providing the fee-assessing unit access to an 686 account. 687 (c) The state auditor shall remove a limitation on accessing funds under Subsection 688 (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and 689 financial reporting of public funds. 690 (d) If a local taxing or fee-assessing unit has not adopted a budget in compliance with 691 state law, the state auditor: 692 (i) shall provide notice to the taxing or fee-assessing unit of the unit's failure to 693 comply; 694 (ii) may prohibit the taxing or fee-assessing unit from accessing money held by the 695 state; and 696 (iii) may prohibit a taxing or fee-assessing unit from accessing money held in an 697 account of a financial institution by: 698 (A) contacting the taxing or fee-assessing unit's financial institution and requesting that 699 the institution prohibit access to the account; or 700 (B) filing an action in district court requesting an order of the court to prohibit a 701 financial institution from providing the taxing or fee-assessing unit access to an account. H.B. 261 Enrolled Copy - 26 - 702 (e) If the local taxing or fee-assessing unit adopts a budget in compliance with state 703 law, the state auditor shall eliminate a limitation on accessing funds described in Subsection 704 (8)(d). 705 (9) The state auditor may not withhold funds under Subsection (7)(h) until a county has 706 received formal written notice of noncompliance from the auditor and has been given 60 days 707 to make the specified corrections. 708 (10) (a) The state auditor may not withhold funds under Subsection (7)(i) until the state 709 auditor receives a notice of non-registration, as that term is defined in Section 67-1a-15. 710 (b) If the state auditor receives a notice of non-registration, the state auditor may 711 prohibit the local government entity or limited purpose entity, as those terms are defined in 712 Section 67-1a-15, from accessing: 713 (i) money held by the state; and 714 (ii) money held in an account of a financial institution by: 715 (A) contacting the entity's financial institution and requesting that the institution 716 prohibit access to the account; or 717 (B) filing an action in district court requesting an order of the court to prohibit a 718 financial institution from providing the entity access to an account. 719 (c) The state auditor shall remove the prohibition on accessing funds described in 720 Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in 721 Section 67-1a-15, from the lieutenant governor. 722 (11) Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the 723 state auditor: 724 (a) shall authorize a disbursement by a local government entity or limited purpose 725 entity, as those terms are defined in Section 67-1a-15, or a state or local taxing or fee-assessing 726 unit if the disbursement is necessary to: 727 (i) avoid a major disruption in the operations of the local government entity, limited 728 purpose entity, or state or local taxing or fee-assessing unit; or 729 (ii) meet debt service obligations; and Enrolled Copy H.B. 261 - 27 - 730 (b) may authorize a disbursement by a local government entity, limited purpose entity, 731 or state or local taxing or fee-assessing unit as the state auditor determines is appropriate. 732 (12) (a) The state auditor may seek relief under the Utah Rules of Civil Procedure to 733 take temporary custody of public funds if an action is necessary to protect public funds from 734 being improperly diverted from their intended public purpose. 735 (b) If the state auditor seeks relief under Subsection (12)(a): 736 (i) the state auditor is not required to exhaust the procedures in Subsection (7) or (8); 737 and 738 (ii) the state treasurer may hold the public funds in accordance with Section 67-4-1 if a 739 court orders the public funds to be protected from improper diversion from their public 740 purpose. 741 (13) The state auditor shall: 742 (a) establish audit guidelines and procedures for audits of local mental health and 743 substance abuse authorities and their contract providers, conducted pursuant to Title 17, 744 Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local 745 Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance Use and Mental 746 Health, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal 747 Organizations, and Other Local Entities Act; and 748 (b) ensure that those guidelines and procedures provide assurances to the state that: 749 (i) state and federal funds appropriated to local mental health authorities are used for 750 mental health purposes; 751 (ii) a private provider under an annual or otherwise ongoing contract to provide 752 comprehensive mental health programs or services for a local mental health authority is in 753 compliance with state and local contract requirements and state and federal law; 754 (iii) state and federal funds appropriated to local substance abuse authorities are used 755 for substance abuse programs and services; and 756 (iv) a private provider under an annual or otherwise ongoing contract to provide 757 comprehensive substance abuse programs or services for a local substance abuse authority is in H.B. 261 Enrolled Copy - 28 - 758 compliance with state and local contract requirements, and state and federal law. 759 (14) (a) The state auditor may, in accordance with the auditor's responsibilities for 760 political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from 761 Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or 762 investigations of any political subdivision that are necessary to determine honesty and integrity 763 in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of 764 financial controls and compliance with the law. 765 (b) If the state auditor receives notice under Subsection 11-41-104(7) from the 766 Governor's Office of Economic Opportunity on or after July 1, 2024, the state auditor may 767 initiate an audit or investigation of the public entity subject to the notice to determine 768 compliance with Section 11-41-103. 769 (15) (a) The state auditor may not audit work that the state auditor performed before 770 becoming state auditor. 771 (b) If the state auditor has previously been a responsible official in state government 772 whose work has not yet been audited, the Legislature shall: 773 (i) designate how that work shall be audited; and 774 (ii) provide additional funding for those audits, if necessary. 775 (16) The state auditor shall: 776 (a) with the assistance, advice, and recommendations of an advisory committee 777 appointed by the state auditor from among special district boards of trustees, officers, and 778 employees and special service district boards, officers, and employees: 779 (i) prepare a Uniform Accounting Manual for Special Districts that: 780 (A) prescribes a uniform system of accounting and uniform budgeting and reporting 781 procedures for special districts under Title 17B, Limited Purpose Local Government Entities - 782 Special Districts, and special service districts under Title 17D, Chapter 1, Special Service 783 District Act; 784 (B) conforms with generally accepted accounting principles; and 785 (C) prescribes reasonable exceptions and modifications for smaller districts to the Enrolled Copy H.B. 261 - 29 - 786 uniform system of accounting, budgeting, and reporting; 787 (ii) maintain the manual under this Subsection (16)(a) so that the manual continues to 788 reflect generally accepted accounting principles; 789 (iii) conduct a continuing review and modification of procedures in order to improve 790 them; 791 (iv) prepare and supply each district with suitable budget and reporting forms; and 792 (v) (A) prepare instructional materials, conduct training programs, and render other 793 services considered necessary to assist special districts and special service districts in 794 implementing the uniform accounting, budgeting, and reporting procedures; and 795 (B) ensure that any training described in Subsection (16)(a)(v)(A) complies with Title 796 63G, Chapter 22, State Training and Certification Requirements; and 797 (b) continually analyze and evaluate the accounting, budgeting, and reporting practices 798 and experiences of specific special districts and special service districts selected by the state 799 auditor and make the information available to all districts. 800 (17) (a) The following records in the custody or control of the state auditor are 801 protected records under Title 63G, Chapter 2, Government Records Access and Management 802 Act: 803 (i) records that would disclose information relating to allegations of personal 804 misconduct, gross mismanagement, or illegal activity of a past or present governmental 805 employee if the information or allegation cannot be corroborated by the state auditor through 806 other documents or evidence, and the records relating to the allegation are not relied upon by 807 the state auditor in preparing a final audit report; 808 (ii) records and audit workpapers to the extent the workpapers would disclose the 809 identity of an individual who during the course of an audit, communicated the existence of any 810 waste of public funds, property, or manpower, or a violation or suspected violation of a law, 811 rule, or regulation adopted under the laws of this state, a political subdivision of the state, or 812 any recognized entity of the United States, if the information was disclosed on the condition 813 that the identity of the individual be protected; H.B. 261 Enrolled Copy - 30 - 814 (iii) before an audit is completed and the final audit report is released, records or drafts 815 circulated to an individual who is not an employee or head of a governmental entity for the 816 individual's response or information; 817 (iv) records that would disclose an outline or part of any audit survey plans or audit 818 program; and 819 (v) requests for audits, if disclosure would risk circumvention of an audit. 820 (b) The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure 821 of records or information that relate to a violation of the law by a governmental entity or 822 employee to a government prosecutor or peace officer. 823 (c) The provisions of this Subsection (17) do not limit the authority otherwise given to 824 the state auditor to classify a document as public, private, controlled, or protected under Title 825 63G, Chapter 2, Government Records Access and Management Act. 826 (d) (i) As used in this Subsection (17)(d), "record dispute" means a dispute between the 827 state auditor and the subject of an audit performed by the state auditor as to whether the state 828 auditor may release a record, as defined in Section 63G-2-103, to the public that the state 829 auditor gained access to in the course of the state auditor's audit but which the subject of the 830 audit claims is not subject to disclosure under Title 63G, Chapter 2, Government Records 831 Access and Management Act. 832 (ii) The state auditor may submit a record dispute to the State Records Committee, 833 created in Section 63G-2-501, for a determination of whether the state auditor may, in 834 conjunction with the state auditor's release of an audit report, release to the public the record 835 that is the subject of the record dispute. 836 (iii) The state auditor or the subject of the audit may seek judicial review of a State 837 Records Committee determination under Subsection (17)(d)(ii), as provided in Section 838 63G-2-404. 839 (18) If the state auditor conducts an audit of an entity that the state auditor has 840 previously audited and finds that the entity has not implemented a recommendation made by 841 the state auditor in a previous audit, the state auditor shall notify the Legislative Management Enrolled Copy H.B. 261 - 31 - 842 Committee through the Legislative Management Committee's audit subcommittee that the 843 entity has not implemented that recommendation. 844 (19) The state auditor shall, with the advice and consent of the Senate, appoint the state 845 privacy officer described in Section 67-3-13. 846 (20) Except as provided in Subsection (21), the state auditor shall report, or ensure that 847 another government entity reports, on the financial, operational, and performance metrics for 848 the state system of higher education and the state system of public education, including metrics 849 in relation to students, programs, and schools within those systems. 850 (21) (a) Notwithstanding Subsection (20), the state auditor shall conduct regular audits 851 of: 852 (i) the scholarship granting organization for the Special Needs Opportunity Scholarship 853 Program, created in Section 53E-7-402; 854 (ii) the State Board of Education for the Carson Smith Scholarship Program, created in 855 Section 53F-4-302; and 856 (iii) the scholarship program manager for the Utah Fits All Scholarship Program, 857 created in Section 53F-6-402. 858 (b) Nothing in this subsection limits or impairs the authority of the State Board of 859 Education to administer the programs described in Subsection (21)(a). 860 (22) The state auditor shall, based on the information posted by the Office of 861 Legislative Research and General Counsel under Subsection 36-12-12.1(2), for each policy, 862 track and post the following information on the state auditor's website: 863 (a) the information posted under Subsections 36-12-12.1(2)(a) through (e); 864 (b) an indication regarding whether the policy is timely adopted, adopted late, or not 865 adopted; 866 (c) an indication regarding whether the policy complies with the requirements 867 established by law for the policy; and 868 (d) a link to the policy. 869 (23) (a) A legislator may request that the state auditor conduct an inquiry to determine H.B. 261 Enrolled Copy - 32 - 870 whether a government entity, government official, or government employee has complied with 871 a legal obligation directly imposed, by statute, on the government entity, government official, 872 or government employee. 873 (b) The state auditor may, upon receiving a request under Subsection (23)(a), conduct 874 the inquiry requested. 875 (c) If the state auditor conducts the inquiry described in Subsection (23)(b), the state 876 auditor shall post the results of the inquiry on the state auditor's website. 877 (d) The state auditor may limit the inquiry described in this Subsection (23) to a simple 878 determination, without conducting an audit, regarding whether the obligation was fulfilled. 879 (24) The state auditor shall report compliance with Sections 67-27-105, 67-27-106, and 880 67-27-107 by: 881 (a) establishing a process to receive and audit each alleged violation; and 882 (b) reporting to the Legislative Management Committee, upon request, regarding the 883 state auditor's findings and recommendations under this Subsection (24). 884 Section 11. Section 67-27-105 is enacted to read: 885 67-27-105. Prohibition on the use of certain submissions by governmental 886 employers -- Exceptions. 887 (1) As used in this section: 888 (a) (i) "Governmental employer" means any department, division, agency, commission, 889 board, council, committee, authority, municipality, county, political subdivision, or any other 890 institution of the state. 891 (ii) "Governmental employer" does not mean a local education agency or institution of 892 higher education. 893 (b) (i) "Prohibited submission" means a submission, statement, or document that 894 requires an individual to articulate the individual's position, view, contribution, effort, or 895 experience regarding a policy, program, or initiative that promotes differential treatment based 896 on an individual's personal identity characteristics, as that term is defined in Section 897 53B-1-118. Enrolled Copy H.B. 261 - 33 - 898 (ii) "Prohibited submission" includes a submission, statement, or document that relates 899 to a policy, program, or initiative regarding: 900 (A) anti-racism; 901 (B) bias; 902 (C) critical race theory; 903 (D) implicit bias; 904 (E) intersectionality; 905 (F) prohibited discriminatory practice, as that term is defined in Section 53B-1-118; or 906 (G) racial privilege. 907 (iii) "Prohibited submission" does not include a submission, statement, or document 908 for an employment position if the submission, statement, or document relates to a bona fide 909 occupational qualification for the position. 910 (2) Except as provided in Subsection (4), a governmental employer may not require, 911 request, solicit, or compel a prohibited submission as a certification or condition before taking 912 action with respect to: 913 (a) employment, including decisions regarding: 914 (i) hiring; 915 (ii) terms of employment; 916 (iii) benefits; 917 (iv) compensation; 918 (v) seniority status; 919 (vi) tenure or continuing status; 920 (vii) promotion; 921 (viii) performance reviews; 922 (ix) transfer; 923 (x) termination; or 924 (xi) appointment; or 925 (b) admissions and aid, including: H.B. 261 Enrolled Copy - 34 - 926 (i) admission to any state program or course; 927 (ii) financial or other forms of state-administered aid or assistance; or 928 (iii) other benefits from the governmental employer for which an individual is eligible. 929 (3) A governmental employer may not grant any form of preferential consideration to 930 an individual who, with or without solicitation from the governmental employer, provides a 931 prohibited submission for any action described in Subsection (2). 932 (4) If federal law requires a governmental employer to accept or require a prohibited 933 submission, the governmental employer: 934 (a) may accept the prohibited submission only to the extent required under federal law; 935 and 936 (b) shall limit consideration of the information contained in the prohibited submission 937 to the extent necessary to satisfy the requirement under federal law. 938 (5) Nothing in this section limits or prohibits a governmental employer's authority to 939 establish policies that are necessary to comply with state or federal law, including laws relating 940 to prohibited discrimination or harassment. 941 Section 12. Section 67-27-106 is enacted to read: 942 67-27-106. Prohibition on the use of certain training by governmental employers 943 -- Exceptions. 944 (1) As used in this section: 945 (a) "Governmental employer" means the same as that term is defined in Section 946 67-27-105. 947 (b) (i) "Prohibited training" means a mandatory instructional program and related 948 materials that a governmental employer requires the governmental employer's current or 949 prospective employees to attend that promote prohibited discriminatory practices as that term is 950 defined in Section 53B-1-118. 951 (ii) "Prohibited training" includes an in-person or online seminar, discussion group, 952 workshop, other program, or related materials. 953 (2) A governmental employer may not require prohibited training. Enrolled Copy H.B. 261 - 35 - 954 (3) Nothing in this section limits or prohibits a governmental employer's authority to 955 establish policies that are necessary to comply with state or federal law, including laws relating 956 to prohibited discrimination or harassment. 957 Section 13. Section 67-27-107 is enacted to read: 958 67-27-107. Prohibited discriminatory practices -- Restrictions -- Reporting. 959 (1) As used in this section: 960 (a) "Executive agency director" means the executive agency director of an executive 961 department agency who, at the direction of the governor, carries out state business. 962 (b) "Governmental employer" means the same as that term is defined in Section 963 67-27-105. 964 (c) "Personal identity characteristics" means the same as that term is defined in Section 965 53B-1-118. 966 (d) "Prohibited discriminatory practice" means the same as that term is defined in 967 Section 53B-1-118. 968 (2) (a) This section does not apply to a federal grant or program that would otherwise 969 require a governmental employer to engage in a prohibited discriminatory practice if the grant 970 or program has been reviewed and approved by the governmental employer's executive 971 director, legislative body, or governing body, as that term is defined in Section 10-1-104. 972 (b) A governmental employer's executive director, legislative body, or governing body 973 shall report the reviewed and approved federal grant or program under Subsection (2)(a) to the 974 Executive Appropriations Committee. 975 (3) A governmental employer may not engage in prohibited discriminatory practices. 976 (4) Nothing in this section limits or prohibits a governmental employer from: 977 (a) as required or permitted by state law: 978 (i) establishing or maintaining an office, division, or employment position to 979 implement, develop, plan, or promote practices relating to personal identity characteristics if 980 the office, division, or employment position is not engaging in prohibited discriminatory 981 practices; or H.B. 261 Enrolled Copy - 36 - 982 (ii) employing or assigning an employee or a third-party whose duties for governmental 983 employer include coordinating, creating, developing, designing, implementing, organizing, 984 planning, or promoting policies, programming, training, practices, activities, and procedures 985 relating to personal identity characteristics if the employee or the third-party is not engaging in 986 prohibited discriminatory practices; 987 (b) establishing policies that are necessary to comply with state or federal law, 988 including laws relating to prohibited discrimination or harassment; or 989 (c) establishing policies that are necessary to comply with state law enacted on or 990 before July 1, 2024. 991 (5) (a) Beginning on July 1, 2024, each executive agency director shall conduct a 992 thorough review of existing agency programs and offices to determine if the program or office 993 is in compliance with Subsection (3). 994 (b) On or before August 1, 2025, each executive agency director shall report on the 995 compliance of agency programs and offices under Subsection (5)(a) to the governor. 996 (c) The governor shall provide the reports under Subsection (5)(b) to: 997 (i) the Government Operations Interim Committee at or before the November 2025, 998 interim committee meeting; and 999 (ii) the Legislative Management Committee upon request. 1000 Section 14. Effective date. 1001 This bill takes effect on July 1, 2024.