Text of UT HB 87 (2014)

H.B. 87 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: T.J. Nuttall 6 6 01-29-14 1:19 PM 6 H.B. 87 1 GENDER AMENDMENTS 2 2014 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Michael S. Kennedy 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill defines "gender" for the Utah Code and amends and enacts provisions relating 10 to gender. 11 Highlighted Provisions: 12 This bill: 13 < defines "gender" for the Utah Code; 14 < defines other terms; 15 < prohibits a student from using a gender-segregated public school bathroom that does 16 not correspond to the student's phenotype; 17 < requires a school district or charter school board to provide reasonable bathroom 18 accommodations upon request of certain students; 19 < requires a local school board or charter school governing board to establish a certain 20 policy; and 21 < makes technical changes. 22 Money Appropriated in this Bill: 23 None 24 Other Special Clauses: 25 This bill provides an effective date. 26 Utah Code Sections Affected: 27 AMENDS: *HB0087* H.B. 87 01-29-14 1:19 PM - 2 - 28 11-25-12, as enacted by Laws of Utah 1977, Chapter 276 29 13-7-1, as last amended by Laws of Utah 2010, Chapter 378 30 13-7-3, as last amended by Laws of Utah 1973, Chapter 18 31 17-28-2.6, as last amended by Laws of Utah 2001, Chapter 73 32 17-33-3, as last amended by Laws of Utah 2001, Chapter 73 33 26-1-7.5, as last amended by Laws of Utah 2011, Chapter 297 34 26-8a-501, as enacted by Laws of Utah 1999, Chapter 141 35 30-1-2, as last amended by Laws of Utah 1999, Chapter 15 36 30-3-10, as last amended by Laws of Utah 2013, Chapter 22 37 31A-22-405, as last amended by Laws of Utah 2002, Chapter 308 38 34A-5-104, as last amended by Laws of Utah 2012, Chapter 369 39 34A-5-106, as last amended by Laws of Utah 2013, Chapter 278 40 34A-5-107, as last amended by Laws of Utah 2008, Chapter 382 41 35A-8-703, as renumbered and amended by Laws of Utah 2012, Chapter 212 42 53-10-406, as last amended by Laws of Utah 2010, Chapter 405 43 53A-11-1304, as renumbered and amended by Laws of Utah 2008, Chapter 3 44 53A-15-205, as last amended by Laws of Utah 2013, Chapter 167 45 53B-13a-104, as last amended by Laws of Utah 2011, Chapter 11 46 58-31b-502, as last amended by Laws of Utah 2012, Chapter 234 47 67-19-3.1, as last amended by Laws of Utah 2010, Chapter 249 48 67-19-18, as last amended by Laws of Utah 2010, Chapter 249 49 68-3-12.5, as last amended by Laws of Utah 2011, Chapter 366 50 78A-6-505, as renumbered and amended by Laws of Utah 2008, Chapter 3 51 78B-14-311 (Superseded 07/01/15), as renumbered and amended by Laws of Utah 52 2008, Chapter 3 53 78B-14-311 (Effective 07/01/15), as last amended by Laws of Utah 2011, Chapter 412 54 ENACTS: 55 53A-11-1501, Utah Code Annotated 1953 56 57 Be it enacted by the Legislature of the state of Utah: 58 Section 1. Section 11-25-12 is amended to read: 01-29-14 1:19 PM H.B. 87 - 3 - 59 11-25-12. Equal opportunity requirements. 60 The agency shall require that any residence which is rehabilitated with financing 61 obtained under this part shall, until that financing is repaid, be open, upon sale or rental of any 62 portion thereof, to all regardless of race, creed, color, [sex] gender, marital status, or national 63 origin. The agency shall also require that contractors and subcontractors engaged in residential 64 rehabilitation financed under this part shall provide equal opportunity for employment, without 65 discrimination as to race, color, creed, [sex] gender, marital status, or national origin. All 66 contracts and subcontracts for residential rehabilitation financed under this part shall be let 67 without discrimination as to race, color, creed, [sex] gender, marital status, or national origin. 68 Section 2. Section 13-7-1 is amended to read: 69 13-7-1. Policy and purposes of act. 70 It is hereby declared that the practice of discrimination on the basis of race, color, [sex] 71 gender, religion, ancestry, or national origin in business establishments or places of public 72 accommodation or in enterprises regulated by the state endangers the health, safety, and general 73 welfare of this state and its inhabitants; and that such discrimination in business establishments 74 or places of public accommodation or in enterprises regulated by the state, violates the public 75 policy of this state. It is the purpose of this act to assure all citizens full and equal availability 76 of all goods, services and facilities offered by business establishments and places of public 77 accommodation and enterprises regulated by the state without discrimination because of race, 78 color, [sex] gender, religion, ancestry, or national origin. The rules of common law that 79 statutes in derogation thereof shall be strictly construed has no application to this act. This act 80 shall be liberally construed with a view to promote the policy and purposes of the act and to 81 promote justice. The remedies provided herein are not exclusive but are in addition to any 82 other remedies available at law or equity. 83 Section 3. Section 13-7-3 is amended to read: 84 13-7-3. Equal right in business establishments, places of public accommodation, 85 and enterprises regulated by the state. 86 All persons within the jurisdiction of this state are free and equal and are entitled to full 87 and equal accommodations, advantages, facilities, privileges, goods and services in all business 88 establishments and in all places of public accommodation, and by all enterprises regulated by 89 the state of every kind whatsoever, without discrimination on the basis of race, color, [sex] H.B. 87 01-29-14 1:19 PM - 4 - 90 gender, religion, ancestry or national origin. Nothing in this act shall be construed to deny any 91 person the right to regulate the operation of a business establishment or place of public 92 accommodation or an enterprise regulated by the state in a manner which applies uniformly to 93 all persons without regard to race, color, [sex] gender, religion, ancestry, or national origin; or 94 to deny any religious organization the right to regulate the operation and procedures of its 95 establishments. 96 Section 4. Section 17-28-2.6 is amended to read: 97 17-28-2.6. Merit principles. 98 The County Fire Civil Service System shall be established and administered in a 99 manner that will provide for the effective implementation of the following merit principles: 100 (1) recruiting, selecting, and advancing employees on the basis of their relative ability, 101 knowledge, and skills, including open consideration of qualified applicants for initial 102 appointment; 103 (2) provision of equitable and adequate job classification and compensation systems, 104 including pay and benefits programs; 105 (3) training of employees as needed to assure high-quality performance; 106 (4) retention of employees on the basis of the adequacy of their performance and 107 separation of employees whose inadequate performance cannot be corrected; 108 (5) fair treatment of applicants and employees in all aspects of personal administration 109 without regard to race, color, religion, [sex] gender, national origin, political affiliation, age, or 110 disability, and with proper regard for their privacy and constitutional rights as citizens; 111 (6) provision of information to employees regarding their political rights and 112 prohibited practices under the Hatch Act; and 113 (7) provision of a formal procedure for processing the appeals and grievances of 114 employees without discrimination, coercion, restraint, or reprisal. 115 Section 5. Section 17-33-3 is amended to read: 116 17-33-3. Merit principles. 117 It is the policy of this state that each county may establish a personnel system 118 administered in a manner that will provide for the effective implementation of the following 119 merit principles: 120 (1) recruiting, selecting, and advancing employees on the basis of their relative ability, 01-29-14 1:19 PM H.B. 87 - 5 - 121 knowledge, and skills, including open consideration of qualified applicants for initial 122 appointment; 123 (2) provision of equitable and adequate compensation; 124 (3) training of employees as needed to assure high-quality performance; 125 (4) retention of employees on the basis of the adequacy of their performance, and 126 separation of employees whose inadequate performance cannot be corrected; 127 (5) fair treatment of applicants and employees in all aspects of personnel 128 administration without regard to race, color, religion, [sex] gender, national origin, political 129 affiliation, age, or disability, and with proper regard for their privacy and constitutional rights 130 as citizens; 131 (6) provision of information to employees regarding their political rights and 132 prohibited practices under the Hatch Act; and 133 (7) provision of a formal procedure for processing the appeals and grievances of 134 employees without discrimination, coercion, restraint, or reprisal. 135 Section 6. Section 26-1-7.5 is amended to read: 136 26-1-7.5. Health advisory council. 137 (1) (a) There is created the Utah Health Advisory Council, comprised of nine persons 138 appointed by the governor. 139 (b) The governor shall ensure that: 140 (i) members of the council: 141 (A) broadly represent the public interest; 142 (B) have an interest in or knowledge of public health, environmental health, health 143 planning, health care financing, or health care delivery systems; and 144 (C) include health professionals; 145 (ii) the majority of the membership are nonhealth professionals; 146 (iii) no more than five persons are from the same political party; and 147 (iv) geography, [sex] gender, and ethnicity balance are considered when selecting the 148 members. 149 (2) (a) Except as required by Subsection (2)(b), members of the council shall be 150 appointed to four-year terms. 151 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the H.B. 87 01-29-14 1:19 PM - 6 - 152 time of appointment or reappointment, adjust the length of terms to ensure that the terms of 153 council members are staggered so that approximately half of the council is appointed every two 154 years. 155 (c) Terms of office for subsequent appointments shall commence on July 1 of the year 156 in which the appointment occurs. 157 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall 158 be appointed for the unexpired term. 159 (b) No person shall be appointed to the council for more than two consecutive terms. 160 (c) The chair of the council shall be appointed by the governor from the membership of 161 the council. 162 (4) The council shall meet at least quarterly or more frequently as determined necessary 163 by the chair. A quorum for conducting business shall consist of four members of the council. 164 (5) A member may not receive compensation or benefits for the member's service, but, 165 at the executive director's discretion, may receive per diem and travel expenses in accordance 166 with: 167 (a) Section 63A-3-106; 168 (b) Section 63A-3-107; and 169 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 170 63A-3-107. 171 (6) The council shall be empowered to advise the department on any subject deemed to 172 be appropriate by the council except that the council may not become involved in 173 administrative matters. The council shall also advise the department as requested by the 174 executive director. 175 (7) The executive director shall ensure that the council has adequate staff support and 176 shall provide any available information requested by the council necessary for their 177 deliberations. The council shall observe confidential requirements placed on the department in 178 the use of such information. 179 Section 7. Section 26-8a-501 is amended to read: 180 26-8a-501. Discrimination. 181 (1) No person licensed, certified, or designated pursuant to this chapter may 182 discriminate in the provision of emergency medical services on the basis of race, [sex] gender, 01-29-14 1:19 PM H.B. 87 - 7 - 183 color, creed, or prior inquiry as to ability to pay. 184 (2) This chapter does not authorize or require medical assistance or transportation over 185 the objection of an individual on religious grounds. 186 Section 8. Section 30-1-2 is amended to read: 187 30-1-2. Marriages prohibited and void. 188 The following marriages are prohibited and declared void: 189 (1) when there is a husband or wife living, from whom the person marrying has not 190 been divorced; 191 (2) when the male or female is under 18 years of age unless consent is obtained as 192 provided in Section 30-1-9; 193 (3) when the male or female is under 14 years of age or, beginning May 3, 1999, when 194 the male or female is under 16 years of age at the time the parties attempt to enter into the 195 marriage; however, exceptions may be made for a person 15 years of age, under conditions set 196 in accordance with Section 30-1-9; 197 (4) between a divorced person and any person other than the one from whom the 198 divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until 199 after the affirmance of the decree; and 200 (5) between persons of the same [sex] gender. 201 Section 9. Section 30-3-10 is amended to read: 202 30-3-10. Custody of children in case of separation or divorce -- Custody 203 consideration. 204 (1) If a husband and wife having minor children are separated, or their marriage is 205 declared void or dissolved, the court shall make an order for the future care and custody of the 206 minor children as it considers appropriate. 207 (a) In determining any form of custody, including a change in custody, the court shall 208 consider the best interests of the child without preference for either the mother or father solely 209 because of the [biological sex] gender of the parent and, among other factors the court finds 210 relevant, the following: 211 (i) the past conduct and demonstrated moral standards of each of the parties; 212 (ii) which parent is most likely to act in the best interest of the child, including 213 allowing the child frequent and continuing contact with the noncustodial parent; H.B. 87 01-29-14 1:19 PM - 8 - 214 (iii) the extent of bonding between the parent and child, meaning the depth, quality, 215 and nature of the relationship between a parent and child; and 216 (iv) those factors outlined in Section 30-3-10.2. 217 (b) There shall be a rebuttable presumption that joint legal custody, as defined in 218 Section 30-3-10.1, is in the best interest of the child, except in cases where there is: 219 (i) domestic violence in the home or in the presence of the child; 220 (ii) special physical or mental needs of a parent or child, making joint legal custody 221 unreasonable; 222 (iii) physical distance between the residences of the parents, making joint decision 223 making impractical in certain circumstances; or 224 (iv) any other factor the court considers relevant including those listed in this section 225 and Section 30-3-10.2. 226 (c) The person who desires joint legal custody shall file a proposed parenting plan in 227 accordance with Sections 30-3-10.8 and 30-3-10.9. A presumption for joint legal custody may 228 be rebutted by a showing by a preponderance of the evidence that it is not in the best interest of 229 the child. 230 (d) The children may not be required by either party to testify unless the trier of fact 231 determines that extenuating circumstances exist that would necessitate the testimony of the 232 children be heard and there is no other reasonable method to present their testimony. 233 (e) The court may inquire of the children and take into consideration the children's 234 desires regarding future custody or parent-time schedules, but the expressed desires are not 235 controlling and the court may determine the children's custody or parent-time otherwise. The 236 desires of a child 14 years of age or older shall be given added weight, but is not the single 237 controlling factor. 238 (f) If interviews with the children are conducted by the court pursuant to Subsection 239 (1)(e), they shall be conducted by the judge in camera. The prior consent of the parties may be 240 obtained but is not necessary if the court finds that an interview with the children is the only 241 method to ascertain the child's desires regarding custody. 242 (2) In awarding custody, the court shall consider, among other factors the court finds 243 relevant, which parent is most likely to act in the best interests of the child, including allowing 244 the child frequent and continuing contact with the noncustodial parent as the court finds 01-29-14 1:19 PM H.B. 87 - 9 - 245 appropriate. 246 (3) If the court finds that one parent does not desire custody of the child, the court shall 247 take that evidence into consideration in determining whether to award custody to the other 248 parent. 249 (4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a 250 parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining 251 whether a substantial change has occurred for the purpose of modifying an award of custody. 252 (b) If a court takes a parent's disability into account in awarding custody or determining 253 whether a substantial change has occurred for the purpose of modifying an award of custody, 254 the parent with a disability may rebut any evidence, presumption, or inference arising from the 255 disability by showing that: 256 (i) the disability does not significantly or substantially inhibit the parent's ability to 257 provide for the physical and emotional needs of the child at issue; or 258 (ii) the parent with a disability has sufficient human, monetary, or other resources 259 available to supplement the parent's ability to provide for the physical and emotional needs of 260 the child at issue. 261 (c) Nothing in this section may be construed to apply to adoption proceedings under 262 Title 78B, Chapter 6, Part 1, Utah Adoption Act. 263 (5) This section establishes neither a preference nor a presumption for or against joint 264 physical custody or sole physical custody, but allows the court and the family the widest 265 discretion to choose a parenting plan that is in the best interest of the child. 266 Section 10. Section 31A-22-405 is amended to read: 267 31A-22-405. Misstated age or gender. 268 (1) For purposes of this section, "gender" is not as defined in Section 68-3-12.5. 269 [(1)] (2) Subject to Subsection [(2)] (3), if the age or gender of the person whose life is 270 at risk is misstated in an application for a policy of life insurance, and the error is not adjusted 271 during the person's lifetime, the amount payable under the policy is what the premium paid 272 would have purchased if the age or gender had been stated correctly. 273 [(2)] (3) If the person whose life is at risk was, at the time the insurance was applied 274 for, beyond the maximum age limit designated by the insurer, the insurer shall refund at least 275 the amount of the premiums collected under the policy. H.B. 87 01-29-14 1:19 PM - 10 - 276 Section 11. Section 34A-5-104 is amended to read: 277 34A-5-104. Powers. 278 (1) (a) The commission has jurisdiction over the subject of employment practices and 279 discrimination made unlawful by this chapter. 280 (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and 281 for the enforcement of this chapter. 282 (2) The division may: 283 (a) appoint and prescribe the duties of investigators and other employees and agents 284 that it considers necessary for the enforcement of this chapter; 285 (b) receive, reject, investigate, and pass upon complaints alleging: 286 (i) discrimination in: 287 (A) employment; 288 (B) apprenticeship programs; 289 (C) on-the-job training programs; and 290 (D) vocational schools; or 291 (ii) the existence of a discriminatory or prohibited employment practice by: 292 (A) a person; 293 (B) an employer; 294 (C) an employment agency; 295 (D) a labor organization; 296 (E) the employees or members of an employment agency or labor organization; 297 (F) a joint apprenticeship committee; and 298 (G) vocational school; 299 (c) investigate and study the existence, character, causes, and extent of discrimination 300 in employment, apprenticeship programs, on-the-job training programs, and vocational schools 301 in this state by: 302 (i) employers; 303 (ii) employment agencies; 304 (iii) labor organizations; 305 (iv) joint apprenticeship committees; and 306 (v) vocational schools; 01-29-14 1:19 PM H.B. 87 - 11 - 307 (d) formulate plans for the elimination of discrimination by educational or other 308 means; 309 (e) hold hearings upon complaint made against: 310 (i) a person; 311 (ii) an employer; 312 (iii) an employment agency; 313 (iv) a labor organization; 314 (v) the employees or members of an employment agency or labor organization; 315 (vi) a joint apprenticeship committee; or 316 (vii) a vocational school; 317 (f) issue publications and reports of investigations and research that: 318 (i) promote good will among the various racial, religious, and ethnic groups of the 319 state; and 320 (ii) minimize or eliminate discrimination in employment because of race, color, [sex] 321 gender, religion, national origin, age, or disability; 322 (g) prepare and transmit to the governor, at least once each year, reports describing: 323 (i) its proceedings, investigations, and hearings; 324 (ii) the outcome of those hearings; 325 (iii) decisions the division has rendered; and 326 (iv) the other work performed by the division; 327 (h) recommend policies to the governor, and submit recommendation to employers, 328 employment agencies, and labor organizations to implement those policies; 329 (i) recommend any legislation concerning discrimination because of race, [sex] gender, 330 color, national origin, religion, age, or disability to the governor that it considers necessary; and 331 (j) within the limits of any appropriations made for its operation, cooperate with other 332 agencies or organizations, both public and private, in the planning and conducting of 333 educational programs designed to eliminate discriminatory practices prohibited under this 334 chapter. 335 (3) The division shall investigate alleged discriminatory practices involving officers or 336 employees of state government if requested to do so by the Career Service Review Office. 337 (4) (a) In any hearing held under this chapter, the division may: H.B. 87 01-29-14 1:19 PM - 12 - 338 (i) subpoena witnesses and compel their attendance at the hearing; 339 (ii) administer oaths and take the testimony of any person under oath; and 340 (iii) compel any person to produce for examination any books, papers, or other 341 information relating to the matters raised by the complaint. 342 (b) The division director or a hearing examiner appointed by the division director may 343 conduct hearings. 344 (c) If a witness fails or refuses to obey a subpoena issued by the division, the division 345 may petition the district court to enforce the subpoena. 346 (d) In the event a witness asserts a privilege against self-incrimination, testimony and 347 evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of 348 Immunity. 349 Section 12. Section 34A-5-106 is amended to read: 350 34A-5-106. Discriminatory or prohibited employment practices -- Permitted 351 practices. 352 (1) It is a discriminatory or prohibited employment practice to take any action 353 described in Subsections (1)(a) through (f). 354 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate 355 any person, or to retaliate against, harass, or discriminate in matters of compensation or in 356 terms, privileges, and conditions of employment against any person otherwise qualified, 357 because of: 358 (A) race; 359 (B) color; 360 (C) [sex] gender; 361 (D) pregnancy, childbirth, or pregnancy-related conditions; 362 (E) age, if the individual is 40 years of age or older; 363 (F) religion; 364 (G) national origin; or 365 (H) disability. 366 (ii) A person may not be considered "otherwise qualified," unless that person possesses 367 the following required by an employer for any particular job, job classification, or position: 368 (A) education; 01-29-14 1:19 PM H.B. 87 - 13 - 369 (B) training; 370 (C) ability, with or without reasonable accommodation; 371 (D) moral character; 372 (E) integrity; 373 (F) disposition to work; 374 (G) adherence to reasonable rules and regulations; and 375 (H) other job related qualifications required by an employer. 376 (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means 377 the payment of differing wages or salaries to employees having substantially equal experience, 378 responsibilities, and skill for the particular job. 379 (B) Notwithstanding Subsection (1)(a)(iii)(A): 380 (I) nothing in this chapter prevents increases in pay as a result of longevity with the 381 employer, if the salary increases are uniformly applied and available to all employees on a 382 substantially proportional basis; and 383 (II) nothing in this section prohibits an employer and employee from agreeing to a rate 384 of pay or work schedule designed to protect the employee from loss of Social Security payment 385 or benefits if the employee is eligible for those payments. 386 (b) An employment agency may not: 387 (i) refuse to list and properly classify for employment, or refuse to refer an individual 388 for employment, in a known available job for which the individual is otherwise qualified, 389 because of: 390 (A) race; 391 (B) color; 392 (C) [sex] gender; 393 (D) pregnancy, childbirth, or pregnancy-related conditions; 394 (E) religion; 395 (F) national origin; 396 (G) age, if the individual is 40 years of age or older; or 397 (H) disability; or 398 (ii) comply with a request from an employer for referral of applicants for employment 399 if the request indicates either directly or indirectly that the employer discriminates in H.B. 87 01-29-14 1:19 PM - 14 - 400 employment on account of: 401 (A) race; 402 (B) color; 403 (C) [sex] gender; 404 (D) pregnancy, childbirth, or pregnancy-related conditions; 405 (E) religion; 406 (F) national origin; 407 (G) age, if the individual is 40 years of age or older; or 408 (H) disability. 409 (c) A labor organization may not exclude any individual otherwise qualified from full 410 membership rights in the labor organization, expel the individual from membership in the labor 411 organization, or otherwise discriminate against or harass any of the labor organization's 412 members in full employment of work opportunity, or representation, because of: 413 (i) race; 414 (ii) [sex] gender; 415 (iii) pregnancy, childbirth, or pregnancy-related conditions; 416 (iv) religion; 417 (v) national origin; 418 (vi) age, if the individual is 40 years of age or older; or 419 (vii) disability. 420 (d) Unless based upon a bona fide occupational qualification, or required by and given 421 to an agency of government for security reasons, an employer, employment agency, or labor 422 organization may not print, or circulate, or cause to be printed or circulated, any statement, 423 advertisement, or publication, use any form of application for employment or membership, or 424 make any inquiry in connection with prospective employment or membership that expresses, 425 either directly or indirectly: 426 (i) any limitation, specification, or discrimination as to: 427 (A) race; 428 (B) color; 429 (C) religion; 430 (D) [sex] gender; 01-29-14 1:19 PM H.B. 87 - 15 - 431 (E) pregnancy, childbirth, or pregnancy-related conditions; 432 (F) national origin; 433 (G) age, if the individual is 40 years of age or older; or 434 (H) disability; or 435 (ii) the intent to make any limitation, specification, or discrimination described in 436 Subsection (1)(d)(i). 437 (e) A person, whether or not an employer, an employment agency, a labor organization, 438 or the employees or members of an employer, employment agency, or labor organization, may 439 not: 440 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a 441 discriminatory or prohibited employment practice; 442 (ii) obstruct or prevent any person from complying with this chapter, or any order 443 issued under this chapter; or 444 (iii) attempt, either directly or indirectly, to commit any act prohibited in this section. 445 (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational 446 school, providing, coordinating, or controlling apprenticeship programs, or providing, 447 coordinating, or controlling on-the-job-training programs, instruction, training, or retraining 448 programs may not: 449 (A) deny to, or withhold from, any qualified person, the right to be admitted to, or 450 participate in any apprenticeship training program, on-the-job-training program, or other 451 occupational instruction, training or retraining program because of: 452 (I) race; 453 (II) color; 454 (III) [sex] gender; 455 (IV) pregnancy, childbirth, or pregnancy-related conditions; 456 (V) religion; 457 (VI) national origin; 458 (VII) age, if the individual is 40 years of age or older; or 459 (VIII) disability; 460 (B) discriminate against or harass any qualified person in that person's pursuit of 461 programs described in Subsection (1)(f)(i)(A), or to discriminate against such a person in the H.B. 87 01-29-14 1:19 PM - 16 - 462 terms, conditions, or privileges of programs described in Subsection (1)(f)(i)(A), because of: 463 (I) race; 464 (II) color; 465 (III) [sex] gender; 466 (IV) pregnancy, childbirth, or pregnancy-related conditions; 467 (V) religion; 468 (VI) national origin; 469 (VII) age, if the individual is 40 years of age or older; or 470 (VIII) disability; or 471 (C) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or 472 published, any notice or advertisement relating to employment by the employer, or membership 473 in or any classification or referral for employment by a labor organization, or relating to any 474 classification or referral for employment by an employment agency, indicating any preference, 475 limitation, specification, or discrimination based on: 476 (I) race; 477 (II) color; 478 (III) [sex] gender; 479 (IV) pregnancy, childbirth, or pregnancy-related conditions; 480 (V) religion; 481 (VI) national origin; 482 (VII) age, if the individual is 40 years of age or older; or 483 (VIII) disability. 484 (ii) Notwithstanding Subsection (1)(f)(i)(C), if the following is a bona fide 485 occupational qualification for employment, a notice or advertisement described in Subsection 486 (1)(f)(i)(C) may indicate a preference, limitation, specification, or discrimination based on: 487 (A) race; 488 (B) color; 489 (C) religion; 490 (D) [sex] gender; 491 (E) pregnancy, childbirth, or pregnancy-related conditions; 492 (F) age; 01-29-14 1:19 PM H.B. 87 - 17 - 493 (G) national origin; or 494 (H) disability. 495 (2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to 496 prevent: 497 (a) the termination of employment of an individual who, with or without reasonable 498 accommodation, is physically, mentally, or emotionally unable to perform the duties required 499 by that individual's employment; 500 (b) the variance of insurance premiums or coverage on account of age; or 501 (c) a restriction on the activities of individuals licensed by the liquor authority with 502 respect to persons under 21 years of age. 503 (3) (a) It is not a discriminatory or prohibited employment practice: 504 (i) for an employer to hire and employ employees, for an employment agency to 505 classify or refer for employment any individual, for a labor organization to classify its 506 membership or to classify or refer for employment any individual or for an employer, labor 507 organization, or joint labor-management committee controlling apprenticeship or other training 508 or retraining programs to admit or employ any individual in any such program, on the basis of 509 religion, [sex] gender, pregnancy, childbirth, or pregnancy-related conditions, age, national 510 origin, or disability in those certain instances where religion, [sex] gender, pregnancy, 511 childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, 512 national origin, or disability is a bona fide occupational qualification reasonably necessary to 513 the normal operation of that particular business or enterprise; 514 (ii) for a school, college, university, or other educational institution to hire and employ 515 employees of a particular religion if: 516 (A) the school, college, university, or other educational institution is, in whole or in 517 substantial part, owned, supported, controlled, or managed by a particular religious corporation, 518 association, or society; or 519 (B) the curriculum of the school, college, university, or other educational institution is 520 directed toward the propagation of a particular religion; 521 (iii) for an employer to give preference in employment to: 522 (A) the employer's: 523 (I) spouse; H.B. 87 01-29-14 1:19 PM - 18 - 524 (II) child; or 525 (III) son-in-law or daughter-in-law; 526 (B) any person for whom the employer is or would be liable to furnish financial 527 support if those persons were unemployed; 528 (C) any person to whom the employer during the preceding six months has furnished 529 more than one-half of total financial support regardless of whether or not the employer was or 530 is legally obligated to furnish support; or 531 (D) any person whose education or training was substantially financed by the employer 532 for a period of two years or more. 533 (b) Nothing in this chapter applies to any business or enterprise on or near an Indian 534 reservation with respect to any publicly announced employment practice of the business or 535 enterprise under which preferential treatment is given to any individual because that individual 536 is a native American Indian living on or near an Indian reservation. 537 (c) Nothing in this chapter shall be interpreted to require any employer, employment 538 agency, labor organization, vocational school, joint labor-management committee, or 539 apprenticeship program subject to this chapter to grant preferential treatment to any individual 540 or to any group because of the race, color, religion, [sex] gender, age, national origin, or 541 disability of the individual or group on account of an imbalance which may exist with respect 542 to the total number or percentage of persons of any race, color, religion, [sex] gender, age, 543 national origin, or disability employed by any employer, referred or classified for employment 544 by an employment agency or labor organization, admitted to membership or classified by any 545 labor organization, or admitted to or employed in, any apprenticeship or other training 546 program, in comparison with the total number or percentage of persons of that race, color, 547 religion, [sex] gender, age, national origin, or disability in any community or county or in the 548 available work force in any community or county. 549 (4) It is not a discriminatory or prohibited practice with respect to age to observe the 550 terms of a bona fide seniority system or any bona fide employment benefit plan such as a 551 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this 552 chapter, except that no such employee benefit plan shall excuse the failure to hire an individual. 553 (5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, a 554 person may not be subject to involuntary termination or retirement from employment on the 01-29-14 1:19 PM H.B. 87 - 19 - 555 basis of age alone, if the individual is 40 years of age or older, except: 556 (a) under Subsection (6); and 557 (b) when age is a bona fide occupational qualification. 558 (6) Nothing in this section prohibits compulsory retirement of an employee who has 559 attained at least 65 years of age, and who, for the two-year period immediately before 560 retirement, is employed in a bona fide executive or a high policymaking position, if: 561 (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit 562 from the employee's employer's pension, profit-sharing, savings, or deferred compensation 563 plan, or any combination of those plans; and 564 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000. 565 Section 13. Section 34A-5-107 is amended to read: 566 34A-5-107. Procedure for aggrieved person to file claim -- Investigations -- 567 Adjudicative proceedings -- Settlement -- Reconsideration -- Determination. 568 (1) (a) Any person claiming to be aggrieved by a discriminatory or prohibited 569 employment practice may, or that person's attorney or agent may, make, sign, and file with the 570 division a request for agency action. 571 (b) Every request for agency action shall be verified under oath or affirmation. 572 (c) A request for agency action made under this section shall be filed within 180 days 573 after the alleged discriminatory or prohibited employment practice occurred. 574 (d) The division may transfer a request for agency action filed with the division 575 pursuant to this section to the federal Equal Employment Opportunity Commission in 576 accordance with the provisions of any work-share agreement that is: 577 (i) between the division and the Equal Employment Opportunity Commission; and 578 (ii) in effect on the day on which the request for agency action is transferred. 579 (2) Any employer, labor organization, joint apprenticeship committee, or vocational 580 school who has an employee or member who refuses or threatens to refuse to comply with this 581 chapter may file with the division a request for agency action asking the division for assistance 582 to obtain the employee's or member's compliance by conciliation or other remedial action. 583 (3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the 584 division shall promptly assign an investigator to attempt a settlement between the parties by 585 conference, conciliation, or persuasion. H.B. 87 01-29-14 1:19 PM - 20 - 586 (b) If no settlement is reached, the investigator shall make a prompt impartial 587 investigation of all allegations made in the request for agency action. 588 (c) The division and its staff, agents, and employees: 589 (i) shall conduct every investigation in fairness to all parties and agencies involved; 590 and 591 (ii) may not attempt a settlement between the parties if it is clear that no discriminatory 592 or prohibited employment practice has occurred. 593 (d) An aggrieved party may withdraw the request for agency action prior to the 594 issuance of a final order. 595 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator 596 uncovers insufficient evidence during the investigation to support the allegations of a 597 discriminatory or prohibited employment practice set out in the request for agency action, the 598 investigator shall formally report these findings to the director or the director's designee. 599 (b) Upon receipt of the investigator's report described in Subsection (4)(a), the director 600 or the director's designee may issue a determination and order for dismissal of the adjudicative 601 proceeding. 602 (c) A party may make a written request to the Division of Adjudication for an 603 evidentiary hearing to review de novo the director's or the director's designee's determination 604 and order within 30 days of the date the determination and order for dismissal is issued. 605 (d) If the director or the director's designee receives no timely request for a hearing, the 606 determination and order issued by the director or the director's designee becomes the final order 607 of the commission. 608 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator 609 uncovers sufficient evidence during the investigation to support the allegations of a 610 discriminatory or prohibited employment practice set out in the request for agency action, the 611 investigator shall formally report these findings to the director or the director's designee. 612 (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the 613 director or the director's designee may issue a determination and order based on the 614 investigator's report. 615 (ii) A determination and order issued under this Subsection (5)(b) shall: 616 (A) direct the respondent to cease any discriminatory or prohibited employment 01-29-14 1:19 PM H.B. 87 - 21 - 617 practice; and 618 (B) provide relief to the aggrieved party as the director or the director's designee 619 determines is appropriate. 620 (c) A party may file a written request to the Division of Adjudication for an evidentiary 621 hearing to review de novo the director's or the director's designee's determination and order 622 within 30 days of the date the determination and order is issued. 623 (d) If the director or the director's designee receives no timely request for a hearing, the 624 determination and order issued by the director or the director's designee in accordance with 625 Subsection (5)(b) becomes the final order of the commission. 626 (6) In any adjudicative proceeding to review the director's or the director's designee's 627 determination that a prohibited employment practice has occurred, the division shall present the 628 factual and legal basis of the determination or order issued under Subsection (5). 629 (7) (a) Prior to commencement of an evidentiary hearing: 630 (i) the party filing the request for agency action may reasonably and fairly amend any 631 allegation; and 632 (ii) the respondent may amend its answer. 633 (b) An amendment permitted under this Subsection (7) may be made: 634 (i) during or after a hearing; and 635 (ii) only with permission of the presiding officer. 636 (8) (a) If, upon all the evidence at a hearing, the presiding officer finds that a 637 respondent has not engaged in a discriminatory or prohibited employment practice, the 638 presiding officer shall issue an order dismissing the request for agency action containing the 639 allegation of a discriminatory or prohibited employment practice. 640 (b) The presiding officer may order that the respondent be reimbursed by the 641 complaining party for the respondent's attorneys' fees and costs. 642 (9) If upon all the evidence at the hearing, the presiding officer finds that a respondent 643 has engaged in a discriminatory or prohibited employment practice, the presiding officer shall 644 issue an order requiring the respondent to: 645 (a) cease any discriminatory or prohibited employment practice; and 646 (b) provide relief to the complaining party, including: 647 (i) reinstatement; H.B. 87 01-29-14 1:19 PM - 22 - 648 (ii) back pay and benefits; 649 (iii) attorneys' fees; and 650 (iv) costs. 651 (10) Conciliation between the parties is to be urged and facilitated at all stages of the 652 adjudicative process. 653 (11) (a) Either party may file with the Division of Adjudication a written request for 654 review before the commissioner or Appeals Board of the order issued by the presiding officer 655 in accordance with: 656 (i) Section 63G-4-301; and 657 (ii) Chapter 1, Part 3, Adjudicative Proceedings. 658 (b) If there is no timely request for review, the order issued by the presiding officer 659 becomes the final order of the commission. 660 (12) An order of the commission under Subsection (11)(a) is subject to judicial review 661 as provided in: 662 (a) Section 63G-4-403; and 663 (b) Chapter 1, Part 3, Adjudicative Proceedings. 664 (13) The commission shall have authority to make rules concerning procedures under 665 this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 666 (14) The commission and its staff may not divulge or make public any information 667 gained from any investigation, settlement negotiation, or proceeding before the commission 668 except as provided in Subsections (14)(a) through (d). 669 (a) Information used by the director or the director's designee in making any 670 determination may be provided to all interested parties for the purpose of preparation for and 671 participation in proceedings before the commission. 672 (b) General statistical information may be disclosed provided the identities of the 673 individuals or parties are not disclosed. 674 (c) Information may be disclosed for inspection by the attorney general or other legal 675 representatives of the state or the commission. 676 (d) Information may be disclosed for information and reporting requirements of the 677 federal government. 678 (15) The procedures contained in this section are the exclusive remedy under state law 01-29-14 1:19 PM H.B. 87 - 23 - 679 for employment discrimination based upon: 680 (a) race; 681 (b) color; 682 (c) [sex] gender; 683 (d) retaliation; 684 (e) pregnancy, childbirth, or pregnancy-related conditions; 685 (f) age; 686 (g) religion; 687 (h) national origin; or 688 (i) disability. 689 (16) (a) The commencement of an action under federal law for relief based upon any 690 act prohibited by this chapter bars the commencement or continuation of any adjudicative 691 proceeding before the commission in connection with the same claims under this chapter. 692 (b) The transfer of a request for agency action to the Equal Employment Opportunity 693 Commission in accordance with Subsection (1)(d) is considered the commencement of an 694 action under federal law for purposes of Subsection (16)(a). 695 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the 696 exclusive remedy provision set forth in Subsection (15). 697 Section 14. Section 35A-8-703 is amended to read: 698 35A-8-703. Definitions. 699 As used in this part the following words and terms have the following meanings, unless 700 a different meaning clearly appears from the context: 701 (1) "Bonds," "notes," and "other obligations" mean any bonds, notes, debentures, 702 interim certificates, or other evidences of financial indebtedness of the corporation authorized 703 to be issued under the provisions of this part. 704 (2) "Construction loan" means a short-term advance of money for the purpose of 705 constructing residential housing for low and moderate income persons. 706 (3) "Corporation" means the Utah Housing Corporation created by Section 35A-8-704, 707 which, prior to July 1, 2001, was named the Utah Housing Finance Agency. 708 (4) "Employee of the corporation" means an individual who is employed by the 709 corporation but who is not a trustee of the corporation. H.B. 87 01-29-14 1:19 PM - 24 - 710 (5) "Financial assistance" includes: 711 (a) a loan, whether interest or noninterest bearing, secured or unsecured; 712 (b) a loan that converts to a grant upon the occurrence of specified conditions; 713 (c) a development loan; 714 (d) a grant; 715 (e) an award; 716 (f) a subsidy; 717 (g) a guarantee; 718 (h) a warranty; 719 (i) a lease; 720 (j) a payment on behalf of a borrower of an amount usually paid by a borrower, 721 including a down payment; 722 (k) any other form of financial assistance that helps provide affordable housing for low 723 and moderate income persons; or 724 (l) any combination of Subsections (5)(a) through (k). 725 (6) "Housing development" means a residential housing project, which includes 726 residential housing for low and moderate income persons. 727 (7) "Housing sponsor" includes a person who constructs, develops, rehabilitates, 728 purchases, or owns a housing development that is or will be subject to legally enforceable 729 restrictive covenants that require the housing development to provide, at least in part, 730 residential housing to low and moderate income persons, including a local public body, a 731 nonprofit, limited profit, or for profit corporation, a limited partnership, a limited liability 732 company, a joint venture, a subsidiary of the corporation, or any subsidiary of the subsidiary, a 733 cooperative, a mutual housing organization, or any other type of entity or arrangement that 734 helps provide affordable housing for low and moderate income persons. 735 (8) "Interest rate contract" means interest rate exchange contracts, interest rate floor 736 contracts, interest rate ceiling contracts, and other similar contracts authorized in a resolution 737 or policy adopted or approved by the trustees. 738 (9) "Local public body" means the state, a municipality, county, district, or other 739 subdivision or instrumentality of the state, including a redevelopment agency and a housing 740 authority created under Part 4, Housing Authorities. 01-29-14 1:19 PM H.B. 87 - 25 - 741 (10) "Low and moderate income persons" means persons, irrespective of race, religion, 742 creed, national origin, or [sex] gender, as determined by the corporation to require such 743 assistance as is made available by this part on account of insufficient personal or family income 744 taking into consideration factors, including: 745 (a) the amount of income that persons and families have available for housing needs; 746 (b) the size of family; 747 (c) whether a person is a single head of household; 748 (d) the cost and condition of available residential housing; and 749 (e) the ability of persons and families to compete successfully in the normal private 750 housing market and to pay the amounts at which private enterprise is providing decent, safe, 751 and sanitary housing. 752 (11) "Mortgage" means a mortgage, deed of trust, or other instrument securing a 753 mortgage loan and constituting a lien on real property (the property being held in fee simple or 754 on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of 755 not less than the term for repayment of the mortgage loan secured by the mortgage) improved 756 or to be improved by residential housing, creating a lien which may be first priority or 757 subordinate. 758 (12) "Mortgage lender" means a bank, trust company, savings and loan association, 759 credit union, mortgage banker, or other financial institution authorized to transact business in 760 the state, a local public body, or any other entity, profit or nonprofit, that makes mortgage 761 loans. 762 (13) "Mortgage loan" means a loan secured by a mortgage, which loan may bear 763 interest at either a fixed or variable rate or which may be noninterest bearing, the proceeds of 764 which are used for the purpose of financing the construction, development, rehabilitation, or 765 purchase of residential housing for low and moderate income persons, including low and 766 moderate income persons who: 767 (a) are first-time homebuyers; 768 (b) are single heads of household; 769 (c) are elderly; 770 (d) are homeless; or 771 (e) have a disability. H.B. 87 01-29-14 1:19 PM - 26 - 772 (14) "Rehabilitation" includes the reconstruction, rehabilitation, improvement, and 773 repair of residential housing. 774 (15) "Residential housing" means a specific work or improvement within the state 775 undertaken primarily to provide dwelling accommodations, including land, buildings, and 776 improvements to land and buildings, whether in one to four family units or multifamily units, 777 and other incidental or appurtenant nonhousing facilities, or as otherwise specified by the 778 agency. 779 (16) "State" means the state of Utah. 780 (17) "State housing credit ceiling" means the amount specified in Subsection 781 42(h)(3)(C) of the Internal Revenue Code for each calendar year. 782 Section 15. Section 53-10-406 is amended to read: 783 53-10-406. DNA specimen analysis -- Bureau responsibilities. 784 (1) The bureau shall: 785 (a) administer and oversee the DNA specimen collection process; 786 (b) store all DNA specimens received and other physical evidence obtained from 787 analysis of those specimens; 788 (c) analyze the specimens to establish the genetic profile of the donor or to otherwise 789 determine the identity of persons or contract with other qualified public or private laboratories 790 to conduct the analysis; 791 (d) maintain a criminal identification data base containing information derived from 792 DNA analysis; 793 (e) utilize the specimens to create statistical population frequency data bases, provided 794 that genetic profiles or other information in a population frequency data base may not be 795 identified with specific individuals; 796 (f) ensure that the DNA identification system does not provide information allowing 797 prediction of genetic disease or predisposition to illness; 798 (g) ensure that only DNA markers routinely used or accepted in the field of forensic 799 science are used to establish the [gender] sex and unique individual identification of the donor; 800 (h) utilize only those DNA analysis procedures that are consistent with, and do not 801 exceed, procedures established and used by the Federal Bureau of Investigation for the forensic 802 analysis of DNA; 01-29-14 1:19 PM H.B. 87 - 27 - 803 (i) destroy a DNA specimen obtained under this part if criminal charges have not been 804 filed within 90 days after booking for an alleged offense under Subsection 53-10-403(2)(c); 805 and 806 (j) make rules in accordance with Title 63G, Chapter 3, Utah Administrative 807 Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA 808 specimens and for storing and destroying DNA specimens and other physical evidence and 809 criminal identification information obtained from the analysis. 810 (2) Procedures for DNA analysis may include all techniques which the Department of 811 Public Safety determines are accurate and reliable in establishing identity, including but not 812 limited to, analysis of DNA, antigen antibodies, polymorphic enzymes, or polymorphic 813 proteins. 814 (3) (a) In accordance with Section 63G-2-305, all DNA specimens received shall be 815 classified as protected. 816 (b) The Department of Public Safety may not transfer or disclose any DNA specimen, 817 physical evidence, or criminal identification information obtained, stored, or maintained under 818 this section, except under its provisions. 819 (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if 820 it determines that there is a reasonable likelihood that the inspection would prejudice a pending 821 criminal investigation. 822 (5) The department shall adopt procedures governing the inspection of records, DNA 823 specimens, and challenges to the accuracy of records. The procedures shall accommodate the 824 need to preserve the materials from contamination and destruction. 825 (6) A person whose DNA specimen has been obtained under this part may, personally 826 or through a legal representative, submit to the court a motion for a court order requiring the 827 destruction of the person's DNA specimen and any criminal identification record created in 828 connection with that specimen if: 829 (a) (i) a final judgment reverses the conviction, judgment, or order that created an 830 obligation to provide a DNA specimen; or 831 (ii) all charges arising from the same criminal episode for which the DNA specimen 832 was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final judgment of 833 dismissal or acquittal; and H.B. 87 01-29-14 1:19 PM - 28 - 834 (b) the department determines that the person has not otherwise become obligated to 835 submit a DNA specimen as a result of any separate conviction or juvenile adjudication for any 836 offense listed in Subsection 53-10-403(2). 837 (7) A court order issued under Subsection (6) may be accompanied by a written notice 838 to the person advising that state law provides for expungement of criminal charges if the charge 839 is resolved by a final judgment of dismissal or acquittal. 840 (8) Upon receipt of a court order for destruction pursuant to Subsection (6) and receipt 841 of a certified copy of the court order reversing the conviction, judgment, or order, a certified 842 copy of a court order to set aside the conviction, or a certified copy of the dismissal or acquittal 843 of the charge regarding which the person was arrested, the Department of Public Safety shall 844 destroy any specimen received from the person, any physical evidence obtained from that 845 specimen, and any criminal identification records pertaining to the person, unless prohibited 846 under Subsection (6)(b). 847 (9) The department is not required to destroy any item of physical evidence obtained 848 from a DNA specimen if evidence relating to another person subject to the provisions of 849 Sections 53-10-404 and 53-10-405 would as a result be destroyed. 850 (10) A DNA specimen, physical evidence, or criminal identification record may not be 851 affected by an order to set aside a conviction, except under the provisions of this section. 852 (11) If funding is not available for analysis of any of the DNA specimens collected 853 under this part, the bureau shall store the collected specimens until funding is made available 854 for analysis through state or federal funds. 855 (12) (a) (i) A person who, due to the person's employment or authority, has possession 856 of or access to individually identifiable DNA information contained in the state criminal 857 identification database or the state DNA specimen repository may not willfully disclose the 858 information in any manner to any individual, agency, or entity that is not entitled under this 859 part to receive the information. 860 (ii) A person may not willfully obtain individually identifiable DNA information from 861 the state criminal identification database or the state DNA repository other than as authorized 862 by this part. 863 (iii) A person may not willfully analyze a DNA specimen for any purpose, or to obtain 864 any information other than as required under this part. 01-29-14 1:19 PM H.B. 87 - 29 - 865 (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a 866 DNA specimen when destruction is required by this part or by court order. 867 (b) (i) A person who violates Subsection (12)(a)(i), (ii), or (iii) is guilty of a third 868 degree felony. 869 (ii) A person who violates Subsection (12)(a)(iv) is guilty of a class B misdemeanor. 870 Section 16. Section 53A-11-1304 is amended to read: 871 53A-11-1304. Admissibility of evidence in civil and criminal actions. 872 (1) Evidence relating to violations of this part which is seized by school authorities 873 acting alone, on their own authority, and not in conjunction with or at the behest of law 874 enforcement authorities is admissible in civil and criminal actions. 875 (2) A search under this section must be based on at least a reasonable belief that the 876 search will turn up evidence of a violation of this part. The measures adopted for the search 877 must be reasonably related to the objectives of the search and not excessively intrusive in light 878 of the circumstances, including the age and [sex] gender of the person involved and the nature 879 of the infraction. 880 Section 17. Section 53A-11-1501 is enacted to read: 881 Part 15. Student Accommodations 882 53A-11-1501. Gender-segregated bathrooms in public schools. 883 (1) (a) "Bathroom" means a room intended for more than one occupant at a time that: 884 (i) contains a toilet or a urinal; or 885 (ii) is used by occupants to undress and dress. 886 (b) "Gender identity" means an individual's own opinion of whether the individual is: 887 (i) male; 888 (ii) female; 889 (iii) neither male nor female; 890 (iv) both male and female; or 891 (v) another designation. 892 (2) A student may not use a public school's gender-segregated bathroom if the 893 bathroom does not correspond to the student's gender. 894 (3) A school district or charter school shall make available to a student reasonable 895 alternate bathroom accommodations if: H.B. 87 01-29-14 1:19 PM - 30 - 896 (a) the student's consistently-asserted gender identity does not strictly correspond to the 897 student's gender; and 898 (b) the student requests alternate bathroom accommodations. 899 (4) A local school board or charter school governing board shall establish a policy in 900 accordance with this section. 901 Section 18. Section 53A-15-205 is amended to read: 902 53A-15-205. Disability Determination Services Advisory Council -- Membership 903 -- Duties -- Requirements for DDDS. 904 (1) As used in this section, "council" means the Disability Determination Services 905 Advisory Council created in Subsection (2). 906 (2) There is created the Disability Determination Services Advisory Council to act as 907 an advisory council to the State Board of Education regarding the Division of Disability 908 Determination Services (DDDS) established under Chapter 24, Part 5, Division of Disability 909 Determination Services. 910 (3) The council is composed of the following members: 911 (a) the administrator of DDDS; 912 (b) a representative of the United States Department of Health and Human Services, 913 Social Security Administration, appointed by the board; and 914 (c) nine persons, appointed by the board in accordance with Subsections (5) and (6), 915 who represent a cross section of: 916 (i) persons with disabilities; 917 (ii) advocates for persons with disabilities; 918 (iii) health care providers; 919 (iv) representatives of allied state and local agencies; and 920 (v) representatives of the general public. 921 (4) The members appointed under Subsections (3)(a) and (3)(b) serve as nonvoting 922 members of the council. 923 (5) In appointing the members described in Subsection (3)(c), the board shall: 924 (a) solicit nominations from organizations and agencies that represent the interests of 925 members described in that subsection; and 926 (b) make every effort to create a balance in terms of geography, [sex] gender, race, 01-29-14 1:19 PM H.B. 87 - 31 - 927 ethnicity, and type of both mental and physical disabilities. 928 (6) (a) In making initial appointments of members described in Subsection (3)(c), the 929 board shall appoint three members for two-year terms, three members for four-year terms, and 930 three members for six-year terms. All subsequent appointments are for four years. 931 (b) The board shall fill any vacancy that occurs on the council for any reason by 932 appointing a person for the unexpired term of the vacated member. 933 (c) Council members are eligible for one reappointment and serve until their successors 934 are appointed. 935 (7) Five voting members of the council constitute a quorum. The action of a majority 936 of a quorum represents the action of the council. 937 (8) Members of the council serve without compensation but may be reimbursed for 938 expenses incurred in the performance of their official duties. 939 (9) (a) The council shall annually elect a chairperson from among the membership 940 described, and shall adopt bylaws governing its activities. 941 (b) The chairperson shall set the meeting agenda. 942 (10) The council shall: 943 (a) advise DDDS and the Social Security Administration regarding its practices and 944 policies on the determination of claims for Social Security disability benefits; 945 (b) participate in the development of new internal practices and procedures of DDDS 946 and policies of the Social Security Administration regarding the evaluation of disability claims; 947 (c) recommend changes to practices and policies to ensure that DDDS is responsive to 948 individuals with a disability; 949 (d) review the DDDS budget to ensure that it is adequate to effectively evaluate 950 disability claims and to meet the needs of persons with disabilities who have claims pending 951 with DDDS; and 952 (e) review and recommend changes to policies and practices of allied state and federal 953 agencies, health care providers, and private community organizations. 954 (11) The council shall annually report to the board regarding its activities. 955 (12) (a) To assist the council in its duties, DDDS shall provide the necessary staff 956 assistance to enable the council to make timely and effective recommendations. 957 (b) Staff assistance may include: H.B. 87 01-29-14 1:19 PM - 32 - 958 (i) distributing meeting agendas; 959 (ii) advising the chairpersons of the council regarding relevant items for council 960 discussion; and 961 (iii) providing reports, documents, budgets, memorandums, statutes, and regulations 962 regarding the management of DDDS. 963 (c) Staff assistance shall include maintaining minutes. 964 Section 19. Section 53B-13a-104 is amended to read: 965 53B-13a-104. Guidelines for administration of the program. 966 (1) The board shall use the guidelines set forth in this section to develop and 967 administer the program. 968 (2) (a) The board shall allocate money appropriated for the program to institutions to 969 provide for either need-based grants or need-based work-study stipends, giving strong 970 emphasis to need-based work-study stipends. 971 (b) Need-based grants or need-based work-study stipends are the only forms of student 972 financial assistance for which program money may be used. 973 (c) The board may not use program money for administrative costs or overhead. 974 (d) An institution may not use more than 3% of its program money for administrative 975 costs or overhead. 976 (3) The board shall design the program to utilize a packaging approach that ensures 977 that institutions combine loans, grants, employment, and family and individual contributions 978 toward financing the cost of attendance at a postsecondary institution. 979 (4) The board shall: 980 (a) use an appropriate need analysis system to determine a student's financial need for 981 the purpose of awarding a program grant or work-study stipend; and 982 (b) base the criteria for awarding program funds to an institution or eligible student on 983 assisting only the most financially needy students. 984 (5) The total sum of a program grant, a work-study stipend, other financial aid from 985 any source, and the expected family and personal contribution, may not exceed the cost of 986 attendance for an eligible student at an institution for a fiscal year. 987 (6) The board shall establish annually the minimum and maximum amounts for a 988 program grant and a work-study stipend for the fiscal year. 01-29-14 1:19 PM H.B. 87 - 33 - 989 (7) An institution shall award a program grant or work-study stipend on an annual basis 990 but distribute the money one quarter or semester at a time, with continuing awards contingent 991 upon the eligible student maintaining satisfactory academic progress as defined by the 992 institution in published policies or rules. 993 (8) An institution shall award all program money without regard to an applicant's race, 994 creed, color, religion, [sex] gender, or ancestry. 995 (9) Students receiving financial assistance under the program are required to apply the 996 money toward the cost of attendance at the institution attended, as established pursuant to 997 board rules. 998 (10) The board shall adopt policies to implement this chapter and to ensure sound 999 fiduciary administration of program money to accomplish program objectives. 1000 (11) The board may require a participation agreement from an eligible postsecondary 1001 institution, which shall include an agreement to: 1002 (a) provide information needed by the board to administer the program; 1003 (b) comply with program rules; 1004 (c) submit annual reports as required by the board; and 1005 (d) cooperate in program reviews and financial audits as the board may determine to be 1006 necessary. 1007 (12) The board shall annually report program outcomes to the governor and the 1008 Legislature's Higher Education Appropriations Subcommittee, including: 1009 (a) utilization of program money, including the: 1010 (i) number of program recipients at each institution; and 1011 (ii) average amount of financial assistance provided; 1012 (b) benefits in fulfillment of the purposes established for the program; and 1013 (c) any recommendations for program modification, including recommended funding 1014 levels. 1015 (13) The board shall regularly provide information to students on professional training 1016 and degree programs available in the state through online career and educational exploration 1017 tools. 1018 Section 20. Section 58-31b-502 is amended to read: 1019 58-31b-502. Unprofessional conduct. H.B. 87 01-29-14 1:19 PM - 34 - 1020 "Unprofessional conduct" includes: 1021 (1) failure to safeguard a patient's right to privacy as to the patient's person, condition, 1022 diagnosis, personal effects, or any other matter about which the licensee is privileged to know 1023 because of the licensee's or person with a certification's position or practice as a nurse or 1024 practice as a medication aide certified; 1025 (2) failure to provide nursing service or service as a medication aide certified in a 1026 manner that demonstrates respect for the patient's human dignity and unique personal character 1027 and needs without regard to the patient's race, religion, ethnic background, socioeconomic 1028 status, age, [sex] gender, or the nature of the patient's health problem; 1029 (3) engaging in sexual relations with a patient during any: 1030 (a) period when a generally recognized professional relationship exists between the 1031 person licensed or certified under this chapter and patient; or 1032 (b) extended period when a patient has reasonable cause to believe a professional 1033 relationship exists between the person licensed or certified under the provisions of this chapter 1034 and the patient; 1035 (4) (a) as a result of any circumstance under Subsection (3), exploiting or using 1036 information about a patient or exploiting the licensee's or the person with a certification's 1037 professional relationship between the licensee or holder of a certification under this chapter and 1038 the patient; or 1039 (b) exploiting the patient by use of the licensee's or person with a certification's 1040 knowledge of the patient obtained while acting as a nurse or a medication aide certified; 1041 (5) unlawfully obtaining, possessing, or using any prescription drug or illicit drug; 1042 (6) unauthorized taking or personal use of nursing supplies from an employer; 1043 (7) unauthorized taking or personal use of a patient's personal property; 1044 (8) knowingly entering into any medical record any false or misleading information or 1045 altering a medical record in any way for the purpose of concealing an act, omission, or record 1046 of events, medical condition, or any other circumstance related to the patient and the medical or 1047 nursing care provided; 1048 (9) unlawful or inappropriate delegation of nursing care; 1049 (10) failure to exercise appropriate supervision of persons providing patient care 1050 services under supervision of the licensed nurse; 01-29-14 1:19 PM H.B. 87 - 35 - 1051 (11) employing or aiding and abetting the employment of an unqualified or unlicensed 1052 person to practice as a nurse; 1053 (12) failure to file or record any medical report as required by law, impeding or 1054 obstructing the filing or recording of such a report, or inducing another to fail to file or record 1055 such a report; 1056 (13) breach of a statutory, common law, regulatory, or ethical requirement of 1057 confidentiality with respect to a person who is a patient, unless ordered by a court; 1058 (14) failure to pay a penalty imposed by the division; 1059 (15) prescribing a schedule II-III controlled substance without a consulting physician or 1060 outside of a consultation and referral plan; 1061 (16) violating Section 58-31b-801; and 1062 (17) violating the dispensing requirements of Section 58-17b-309 or 58-17b-309.5, if 1063 applicable. 1064 Section 21. Section 67-19-3.1 is amended to read: 1065 67-19-3.1. Principles guiding interpretation of chapter and adoption of rules. 1066 (1) The department shall establish a career service system designed in a manner that 1067 will provide for the effective implementation of the following merit principles: 1068 (a) recruiting, selecting, and advancing employees on the basis of their relative ability, 1069 knowledge, and skills, including open consideration of qualified applicants for initial 1070 appointment; 1071 (b) providing for equitable and competitive compensation; 1072 (c) training employees as needed to assure high-quality performance; 1073 (d) retaining employees on the basis of the adequacy of their performance and 1074 separating employees whose inadequate performance cannot be corrected; 1075 (e) fair treatment of applicants and employees in all aspects of human resource 1076 administration without regard to race, color, religion, [sex] gender, national origin, political 1077 affiliation, age, or disability, and with proper regard for their privacy and constitutional rights 1078 as citizens; 1079 (f) providing information to employees regarding their political rights and the 1080 prohibited practices under the Hatch Act; and 1081 (g) providing a formal procedure for advancing grievances of employees: H.B. 87 01-29-14 1:19 PM - 36 - 1082 (i) without discrimination, coercion, restraint, or reprisal; and 1083 (ii) in a manner that is fair, expeditious, and inexpensive for the employee and the 1084 agency. 1085 (2) The principles in Subsection (1) shall govern interpretation and implementation of 1086 this chapter. 1087 Section 22. Section 67-19-18 is amended to read: 1088 67-19-18. Dismissals and demotions -- Grounds -- Disciplinary action -- 1089 Procedure -- Reductions in force. 1090 (1) A career service employee may be dismissed or demoted: 1091 (a) to advance the good of the public service; or 1092 (b) for just causes, including inefficiency, incompetency, failure to maintain skills or 1093 adequate performance levels, insubordination, disloyalty to the orders of a superior, 1094 misfeasance, malfeasance, or nonfeasance in office. 1095 (2) An employee may not be dismissed because of race, [sex] gender, age, disability, 1096 national origin, religion, political affiliation, or other nonmerit factor including the exercise of 1097 rights under this chapter. 1098 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 1099 executive director shall establish rules governing the procedural and documentary requirements 1100 of disciplinary dismissals and demotions. 1101 (4) If an agency head finds that a career service employee is charged with aggravated 1102 misconduct or that retention of a career service employee would endanger the peace and safety 1103 of others or pose a grave threat to the public interest, the employee may be suspended pending 1104 the administrative appeal to the department head as provided in Subsection (5). 1105 (5) (a) A career service employee may not be demoted or dismissed unless the 1106 department head or designated representative has complied with this subsection. 1107 (b) The department head or designated representative notifies the employee in writing 1108 of the reasons for the dismissal or demotion. 1109 (c) The employee has no less than five working days to reply and have the reply 1110 considered by the department head. 1111 (d) The employee has an opportunity to be heard by the department head or designated 1112 representative. 01-29-14 1:19 PM H.B. 87 - 37 - 1113 (e) Following the hearing, the employee may be dismissed or demoted if the 1114 department head finds adequate cause or reason. 1115 (6) (a) Reductions in force required by inadequate funds, change of workload, or lack 1116 of work are governed by retention points established by the executive director. 1117 (b) Under those circumstances: 1118 (i) The agency head shall designate the category of work to be eliminated, subject to 1119 review by the executive director. 1120 (ii) Temporary and probationary employees shall be separated before any career service 1121 employee. 1122 (iii) (A) When more than one career service employee is affected, the employees shall 1123 be separated in the order of their retention points, the employee with the lowest points to be 1124 discharged first. 1125 (B) Retention points for each career service employee shall be computed according to 1126 rules established by the executive director, allowing appropriate consideration for proficiency 1127 and seniority in state government, including any active duty military service fulfilled 1128 subsequent to original state appointment. 1129 (c) (i) A career service employee who is separated in a reduction in force under this 1130 section shall be given preferential consideration when applying for a career service position. 1131 (ii) Preferential consideration under Subsection (6)(c)(i) applies only until the former 1132 career service employee accepts a career service position. 1133 (iii) The executive director shall make rules in accordance with Title 63G, Chapter 3, 1134 Utah Administrative Rulemaking Act, concerning the manner of granting preferential 1135 consideration under Subsection (6)(c)(i). 1136 (d) (i) An employee separated due to a reduction in force may appeal to the department 1137 head for an administrative review. 1138 (ii) The notice of appeal must be submitted within 20 working days after the 1139 employee's receipt of written notification of separation. 1140 (iii) The employee may appeal the decision of the department head according to the 1141 grievance and appeals procedure of this chapter and Chapter 19a, Grievance Procedures. 1142 Section 23. Section 68-3-12.5 is amended to read: 1143 68-3-12.5. Definitions for Utah Code. H.B. 87 01-29-14 1:19 PM - 38 - 1144 (1) The definitions listed in this section apply to the Utah Code, unless: 1145 (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant 1146 to the context of the statute; or 1147 (b) a different definition is expressly provided for the respective title, chapter, part, 1148 section, or subsection. 1149 (2) "Adjudicative proceeding" means: 1150 (a) an action by a board, commission, department, officer, or other administrative unit 1151 of the state that determines the legal rights, duties, privileges, immunities, or other legal 1152 interests of one or more identifiable persons, including an action to grant, deny, revoke, 1153 suspend, modify, annul, withdraw, or amend an authority, right, or license; and 1154 (b) judicial review of an action described in Subsection (2)(a). 1155 (3) "Administrator" includes "executor" when the subject matter justifies the use. 1156 (4) "Advisory board," "advisory commission," and "advisory council" mean a board, 1157 commission, committee, or council that: 1158 (a) is created by, and whose duties are provided by, statute or executive order; 1159 (b) performs its duties only under the supervision of another person as provided by 1160 statute; and 1161 (c) provides advice and makes recommendations to another person that makes policy 1162 for the benefit of the general public. 1163 (5) "County executive" means: 1164 (a) the county commission, in the county commission or expanded county commission 1165 form of government established under Title 17, Chapter 52, Changing Forms of County 1166 Government; 1167 (b) the county executive, in the county executive-council optional form of government 1168 authorized by Section 17-52-504; or 1169 (c) the county manager, in the council-manager optional form of government 1170 authorized by Section 17-52-505. 1171 (6) "County legislative body" means: 1172 (a) the county commission, in the county commission or expanded county commission 1173 form of government established under Title 17, Chapter 52, Changing Forms of County 1174 Government; 01-29-14 1:19 PM H.B. 87 - 39 - 1175 (b) the county council, in the county executive-council optional form of government 1176 authorized by Section 17-52-504; and 1177 (c) the county council, in the council-manager optional form of government authorized 1178 by Section 17-52-505. 1179 (7) "Depose" means to make a written statement made under oath or affirmation. 1180 (8) "Executor" includes "administrator" when the subject matter justifies the use. 1181 (9) (a) "Gender" means the either male or female phenotype designation of an 1182 individual as documented by: 1183 (i) the individual's birth certificate, if the individual has not obtained a designation 1184 under Subsection (9)(a)(ii); or 1185 (ii) a signed, written document from a physician, as defined in Section 58-67-102, that, 1186 based on a physical examination of the individual's genitalia, designates the individual 1187 phenotypically as either male or female, if: 1188 (A) the individual does not have a birth certificate that designates the individual as 1189 either male or female; or 1190 (B) the document conflicts with the individual's birth certificate. 1191 (b) "Gender" does not mean an individual's own opinion of whether the individual is: 1192 (i) male; 1193 (ii) female; 1194 (iii) neither male nor female; 1195 (iv) both male and female; or 1196 (v) another designation. 1197 (c) "Gender" is defined for the purposes of state law only and does not apply to federal 1198 law. 1199 [(9)] (10) "Guardian" includes a person who: 1200 (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary 1201 or court appointment; or 1202 (b) is appointed by a court to manage the estate of a minor or incapacitated person. 1203 [(10)] (11) "Highway" includes: 1204 (a) a public bridge; 1205 (b) a county way; H.B. 87 01-29-14 1:19 PM - 40 - 1206 (c) a county road; 1207 (d) a common road; and 1208 (e) a state road. 1209 [(11)] (12) "Intellectual disability" means a significant, subaverage general intellectual 1210 functioning that: 1211 (a) exists concurrently with deficits in adaptive behavior; and 1212 (b) is manifested during the developmental period as defined in the current edition of 1213 the Diagnostic and Statistical Manual of Mental Disorders, published by the American 1214 Psychiatric Association. 1215 [(12)] (13) "Intermediate care facility for people with an intellectual disability" means 1216 an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social 1217 Security Act. 1218 [(13)] (14) "Land" includes: 1219 (a) land; 1220 (b) a tenement; 1221 (c) a hereditament; 1222 (d) a water right; 1223 (e) a possessory right; and 1224 (f) a claim. 1225 [(14)] (15) "Month" means a calendar month, unless otherwise expressed. 1226 [(15)] (16) "Oath" includes "affirmation." 1227 [(16)] (17) "Person" means: 1228 (a) an individual; 1229 (b) an association; 1230 (c) an institution; 1231 (d) a corporation; 1232 (e) a company; 1233 (f) a trust; 1234 (g) a limited liability company; 1235 (h) a partnership; 1236 (i) a political subdivision; 01-29-14 1:19 PM H.B. 87 - 41 - 1237 (j) a government office, department, division, bureau, or other body of government; 1238 and 1239 (k) any other organization or entity. 1240 [(17)] (18) "Personal property" includes: 1241 (a) money; 1242 (b) goods; 1243 (c) chattels; 1244 (d) effects; 1245 (e) evidences of a right in action; 1246 (f) a written instrument by which a pecuniary obligation, right, or title to property is 1247 created, acknowledged, transferred, increased, defeated, discharged, or diminished; and 1248 (g) a right or interest in an item described in Subsections [(17)] (18)(a) through (f). 1249 [(18)] (19) "Personal representative," "executor," and "administrator" include: 1250 (a) an executor; 1251 (b) an administrator; 1252 (c) a successor personal representative; 1253 (d) a special administrator; and 1254 (e) a person who performs substantially the same function as a person described in 1255 Subsections [(18)] (19)(a) through (d) under the law governing the person's status. 1256 [(19)] (20) "Policy board," "policy commission," or "policy council" means a board, 1257 commission, or council that: 1258 (a) is authorized to make policy for the benefit of the general public; 1259 (b) is created by, and whose duties are provided by, the constitution or statute; and 1260 (c) performs its duties according to its own rules without supervision other than under 1261 the general control of another person as provided by statute. 1262 [(20)] (21) "Population" is shown by the most recent state or national census, unless 1263 expressly provided otherwise. 1264 [(21)] (22) "Process" means a writ or summons issued in the course of a judicial 1265 proceeding. 1266 [(22)] (23) "Property" includes both real and personal property. 1267 [(23)] (24) "Real estate" or "real property" includes: H.B. 87 01-29-14 1:19 PM - 42 - 1268 (a) land; 1269 (b) a tenement; 1270 (c) a hereditament; 1271 (d) a water right; 1272 (e) a possessory right; and 1273 (f) a claim. 1274 [(24)] (25) "Review board," "review commission," and "review council" mean a board, 1275 commission, committee, or council that: 1276 (a) is authorized to approve policy made for the benefit of the general public by another 1277 body or person; 1278 (b) is created by, and whose duties are provided by, statute; and 1279 (c) performs its duties according to its own rules without supervision other than under 1280 the general control of another person as provided by statute. 1281 [(25)] (26) "Road" includes: 1282 (a) a public bridge; 1283 (b) a county way; 1284 (c) a county road; 1285 (d) a common road; and 1286 (e) a state road. 1287 [(26)] (27) "Signature" includes a name, mark, or sign written with the intent to 1288 authenticate an instrument or writing. 1289 [(27)] (28) "State," when applied to the different parts of the United States, includes a 1290 state, district, or territory of the United States. 1291 [(28)] (29) "Swear" includes "affirm." 1292 [(29)] (30) "Testify" means to make an oral statement under oath or affirmation. 1293 [(30)] (31) "United States" includes each state, district, and territory of the United 1294 States of America. 1295 [(31)] (32) "Utah Code" means the 1953 recodification of the Utah Code, as amended, 1296 unless the text expressly references a portion of the 1953 recodification of the Utah Code as it 1297 existed: 1298 (a) on the day on which the 1953 recodification of the Utah Code was enacted; or 01-29-14 1:19 PM H.B. 87 - 43 - 1299 (b) (i) after the day described in Subsection [(31)] (32)(a); and 1300 (ii) before the most recent amendment to the referenced portion of the 1953 1301 recodification of the Utah Code. 1302 [(32)] (33) "Vessel," when used with reference to shipping, includes a steamboat, canal 1303 boat, and every structure adapted to be navigated from place to place. 1304 [(33)] (34) "Will" includes a codicil. 1305 [(34)] (35) "Writ" means an order or precept in writing, issued in the name of: 1306 (a) the state; 1307 (b) a court; or 1308 (c) a judicial officer. 1309 [(35)] (36) "Writing" includes: 1310 (a) printing; 1311 (b) handwriting; and 1312 (c) information stored in an electronic or other medium if the information is retrievable 1313 in a perceivable format. 1314 Section 24. Section 78A-6-505 is amended to read: 1315 78A-6-505. Contents of petition. 1316 (1) The petition for termination of parental rights shall include, to the best information 1317 or belief of the petitioner: 1318 (a) the name and place of residence of the petitioner; 1319 (b) the name, [sex] gender, date and place of birth, and residence of the child; 1320 (c) the relationship of the petitioner to the child; 1321 (d) the names, addresses, and dates of birth of the parents, if known; 1322 (e) the name and address of the person having legal custody or guardianship, or acting 1323 in loco parentis to the child, or the organization or agency having legal custody or providing 1324 care for the child; 1325 (f) the grounds on which termination of parental rights is sought, in accordance with 1326 Section 78A-6-507; and 1327 (g) the names and addresses of the persons or the authorized agency to whom legal 1328 custody or guardianship of the child might be transferred. 1329 (2) A copy of any relinquishment or consent, if any, previously executed by the parent H.B. 87 01-29-14 1:19 PM - 44 - 1330 or parents shall be attached to the petition. 1331 Section 25. Section 78B-14-311 (Superseded 07/01/15) is amended to read: 1332 78B-14-311 (Superseded 07/01/15). Pleadings and accompanying documents. 1333 (1) In a proceeding under this chapter, a petitioner seeking to establish a support order, 1334 to determine parentage, or to register and modify a support order of another state must file a 1335 petition. Unless otherwise ordered under Section 78B-14-312, the petition or accompanying 1336 documents must provide, so far as known, the name, residential address, and Social Security 1337 numbers of the obligor and the obligee or the parent and alleged parent, and the name, [sex] 1338 gender, residential address, Social Security number, and date of birth of each child for whose 1339 benefit support is sought or whose parentage is to be determined. Unless filed at the time of 1340 registration, the petition must be accompanied by a copy of any support order known to have 1341 been issued by another tribunal. The petition may include any other information that may 1342 assist in locating or identifying the respondent. 1343 (2) The petition must specify the relief sought. The petition and accompanying 1344 documents must conform substantially with the requirements imposed by the forms mandated 1345 by federal law for use in cases filed by a support-enforcement agency. 1346 Section 26. Section 78B-14-311 (Effective 07/01/15) is amended to read: 1347 78B-14-311 (Effective 07/01/15). Pleadings and accompanying documents. 1348 (1) In a proceeding under this chapter, a petitioner seeking to establish a support order, 1349 to determine parentage of a child, or to register and modify a support order of a tribunal of 1350 another state or a foreign country shall file a petition. Unless otherwise ordered under Section 1351 78B-14-312, the petition or accompanying documents shall provide, so far as known, the name, 1352 residential address, and Social Security numbers of the obligor and the obligee or the parent 1353 and alleged parent, and the name, [sex] gender, residential address, Social Security number, 1354 and date of birth of each child for whose benefit support is sought or whose parentage is to be 1355 determined. Unless filed at the time of registration, the petition shall be accompanied by a 1356 copy of any support order known to have been issued by another tribunal. The petition may 1357 include any other information that may assist in locating or identifying the respondent. 1358 (2) The petition shall specify the relief sought. The petition and accompanying 1359 documents shall conform substantially with the requirements imposed by the forms mandated 1360 by federal law for use in cases filed by a support enforcement agency. 01-29-14 1:19 PM H.B. 87 - 45 - 1361 Section 27. Effective date. 1362 (1) Except as provided in Subsection (2), this bill takes effect on May 13, 2014. 1363 (2) The actions affecting Section 78B-14-311 (Effective 07/01/15) take effect on July 1364 1, 2015. Legislative Review Note as of 1-28-14 5:22 PM Office of Legislative Research and General Counsel