HB 183 — Sex Designation Amendments
Last action — House/ filed
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
5To Executive
-
6Enacted
This bill has been sent to the executive. Introduced January 07, 2026. It awaits signature.
Next likely step: the executive signs it into law or issues a veto.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
To Executive
Current position in the legislative process.
-
2 sponsors
1 primary, 1 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (2 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
4593 added · 2669 removedPlain-language change summary
The bill HB 183 has been amended to replace the term "gender" with "sex" in various provisions, reflecting a shift toward a more biologically focused definition of these terms. Additionally, several sections related to gender identity, including protections in housing, employment, and crime, have been removed. This change is significant because it may impact the rights and recognition of individuals based on their gender identity, especially in areas where protections were previously offered. Understanding these changes is important for addressing ongoing discussions about equality and inclusivity in the law.
HB0183S02 compared with HB0183S01HB0183 {Omitted text} shows text that was in HB0183S01HB0183 but was omitted in HB0183S02 inserted text shows text that was not in HB0183S01HB0183 but was inserted into HB0183S02 DISCLAIMER:
▸ replaces the term gender with sex;and ▸ requires{repeals agenciesprovisions whenrelated makingto administrativegender rules,identity, policies,including andprovisions programsrelated to referhousing, toemployment, biologicaland sexcrime;} using▸ the{prohibits termamendments to the sex insteaddesignation field of gender{;a birth certificate;
and}} .▸ {amends provisions regarding student access to privacy spaces;} ▸ requires agencies when making administrative rules , policies, and programs to refer to biological sex using the term sex instead of gender{;
▸} {in. child custody proceedings, requires a court to view a parent's nonsupport of a child's rejection of the child's biological sex as a factor to favor awarding custody to that parent.
▸ {prohibits local education agencies and certain providers licensed by the DepartmentHof Health and Human Services from assigning an employee who presents while working as a sex B that is different from the individual's biological sex duties that would require face-to-f1ce and prolonged contact with a child;
and} 8 HB0183 compared with HB0183S02 ▸ {in child custody proceedings, requires a court to view a parent's nonsupport of a child's gender identity that conflicts with the child's biological sex as a factor to favor awarding custody to that parent.
H None Other Special Clauses:
B None 8 Utah Code Sections Affected:
3 S AMENDS:
1 HB0183S01 compared with HB0183S02 9-20-201 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah 2025, Chapter 57 10-3-913 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 335 10-3-918 (Effective 05/06/26), as last amended by Laws of Utah 2019, Chapter 472 11-46-204 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2011, Chapter 130 13-47-103 (Effective 05/06/26), as enacted by Laws of Utah 2010, Chapter 403 15A-3-112 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 209 17-72-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-72-408 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 17-72-503 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 13 26B-1-426 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 57 26B-1-507 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 288 26B-2-109 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023, Chapter 305 26B-2-119 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023, Chapter 305 26B-2-128 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 48 26B-3-303 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah 2024, Chapter 507 26B-4-213 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 392 26B-4-214 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 392 - 2 - HB0183 compared with HB0183S02 26B-5-211 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 167 26B-5-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 16 {26B-8-107 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 493 and renumbered and amended by Laws of Utah 2023, Chapter 306} 29-2-103 (Effective 05/06/26), as enacted by Laws of Utah 1995, Chapter 231 31A-22-405 (Effective 05/06/26), as last amended by Laws of Utah 2002, Chapter 308 31A-22-2004 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 32 31A-30-106 (Effective 05/06/26), as last amended by Laws of Utah 2017, Chapter 168 31A-30-106.1 (Effective 05/06/26), as last amended by Laws of Utah 2020, Chapter 354 32B-1-407 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 471 -{34A-5-102 2(Effective -05/06/26), HB0183S01as comparedlast withamended HB0183S02by Laws of Utah 2025, Chapter 425} {34A-5-104 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 32} {34A-5-106 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 330} {34A-5-107 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 317} {34A-5-109 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 13} {34A-5-110 (Effective 05/06/26), as enacted by Laws of Utah 2015, Chapter 13} 34A-5-114 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 173, 425 35A-1-207 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 296 {41-1a-411 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 251} 42-2-5 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 341 53-1-108 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 21 {53-6-210.5 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 182} {53-6-211 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 175} 53-8-104 (Effective 05/06/26), as last amended by Laws of Utah 2002, Chapter 219 53-10-406 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 319 {53E-9-205 (Effective 05/06/26), as enacted by Laws of Utah 2023, Chapter 13} 53F-4-207 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 23 53G-5-301 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 63 53G-6-902 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 478 53G-6-1001 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408 - 3 - HB0183 compared with HB0183S02 53G-6-1003 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408 53G-6-1004 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 277, 408 53G-6-1101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 2 53G-8-301 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2025, Chapter 327 57-3-107 (Effective 05/06/26), as last amended by Laws of Utah 1999, Chapter 163 57-21-2 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13 {57-21-3 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 9} {57-21-5 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13} {57-21-6 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13} {57-21-6.1 (Effective 05/06/26), as enacted by Laws of Utah 2021, Chapter 294} {57-21-7 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13} 58-37f-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 214 58-67-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 491 58-68-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 491 63G-2-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 9 63G-12-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2011, Chapter 18 63G-12-401 (Effective 05/06/26), as last amended by Laws of Utah 2011, Chapter 20 and renumbered and amended by Laws of Utah 2011, Chapter 18 63G-12-402 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 9 63G-31-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11 63G-31-201 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11 {63G-31-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11} {63G-31-303 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 2} 63N-2-104.2 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapters 159, 316 63N-4-803 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022, Chapter 362 67-1-2.5 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 533 -67-1-11 3(Effective -05/06/26), HB0183S01as comparedenacted withby HB0183S02Laws 67-1-11of Utah 1992, Chapter 302 {76-3-203.14 (Effective 05/06/26), as enacted by Laws of Utah 1992,2019, Chapter 302504} - 4 - HB0183 compared with HB0183S02 76-5d-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapters 173, 91 77-7-17.5 (Effective 05/06/26), as enacted by Laws of Utah 2019, Chapter 462 78A-2-110 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 394 78B-6-2401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023, Chapter 80 79-2-203 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2009, Chapter 344 {80-1-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426} {81-9-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 48} 81-9-204 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426 81-9-402 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426 81-12-105 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapter 426 81-12-106 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapter 426 81-13-203 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, Chapter 426 ENACTS:
{26B-2-710 (Effective 05/06/26), Utah Code Annotated 1953} {53G-11-210 (Effective 05/06/26), Utah Code Annotated 1953} 63G-3-306 (Effective 05/06/26), Utah Code Annotated 1953 63G-34-101 (Effective 05/06/26), Utah Code Annotated 1953 REPEALS:
26B-1-239 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 507 {26B-8-111 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 299} {53G-6-1005 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11} Be it enacted by the Legislature of the state of Utah:
- 5 - HB0183 compared with HB0183S02 (b) the commissioner of higher education or the commissioner's designee;
- 4 - HB0183S01 compared with HB0183S02 (i) an individual with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth;
(5) - 6 - HB0183 compared with HB0183S02 (a) Except as required by Subsection (5)(b), as terms of current commission members expire, the governor shall appoint each new member or reappointed member to a three-year term.
- 5 - HB0183S01 compared with HB0183S02 (6) When a vacancy occurs in the membership, the replacement shall be appointed for the unexpired term.
(4) - 7 - HB0183 compared with HB0183S02 (a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not establish a board, committee, or other entity that:
- 6 - HB0183S01 compared with HB0183S02 (B) is required to review or approve a police department's rules, regulations, policies, or procedures in order for the rules, regulations, policies, or procedures to take effect;
- 8 - HB0183 compared with HB0183S02 (b) be under the direction, control, and supervision of the person or body that appointed the chief or marshal;
- 7 - HB0183S01 compared with HB0183S02 Section 4.
- 9 - HB0183 compared with HB0183S02 (c) a follow-up program to assure that animals transferred by the animal shelter are sterilized in accordance with the agreement executed under Section 11-46-203;
A private employer shall comply with this chapter, and this chapter shall be enforced - 8 - HB0183S01 compared with HB0183S02 without regard to race, color, national origin, [gender] sex, religion, age, disability, familial status, or source of income.
- 10 - HB0183 compared with HB0183S02 "2.
- 9 - HB0183S01 compared with HB0183S02 "6.
Hydraulic elevators and roped hydraulic elevators with a rise of 50 feet or less." - 11 - HB0183 compared with HB0183S02 (9) In IBC, Section 3109.1, the words "the International Swimming Pool and Spa Code" at the end of the section are deleted and replaced with the words "Utah Administrative Code, R392-302, Design, Construction and Operation of Public Pools." Section 7.
- 10 - HB0183S01 compared with HB0183S02 (A) the Supreme Court and the Court of Appeals when required;
- 12 - HB0183 compared with HB0183S02 (j) endorse on all process and notices the year, month, day, hour, and minute of reception, and, upon payment of fees, issue a certificate to the individual delivering process or notice showing the names of the parties, title of paper, and the time of receipt;
- 11 - HB0183S01 compared with HB0183S02 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public land within the sheriff's county;
and - 13 - HB0183 compared with HB0183S02 (u) perform any other duties that are required by law.
- 12 - HB0183S01 compared with HB0183S02 (b) If a prisoner's counsel leaves discovery, evidence, or other documents with the prisoner at the jail, the prisoner's counsel shall ensure that the discovery, evidence, or other documents does not include:
- 14 - HB0183 compared with HB0183S02 (ii) a state prison;
- 13 - HB0183S01 compared with HB0183S02 (iii) if the prisoner was released from the custody of the county jail, the reason the inmate was released from the custody of the county jail;
- 15 - HB0183 compared with HB0183S02 (i) for treatment of a prisoner experiencing withdrawal from alcohol or substance use, including use of opiates;
(l) - 14 - HB0183S01 compared with HB0183S02 (i) the number of prisoners whose screening described in Section 17-72-501 indicated the presence of a substance use disorder;
- 16 - HB0183 compared with HB0183S02 (B) the county jail reviews the report and prepares a response to the report to be published with the report;
and - 15 - HB0183S01 compared with HB0183S02 (d) submit the compilation to the protection and advocacy agency designated by the governor before November 1 of each year.
- 17 - HB0183 compared with HB0183S02 (4) (a) Except as provided in Subsection (6), a county sheriff may develop and implement alternative incarceration programs that may involve housing a prisoner in a jail facility.
- 16 - HB0183S01 compared with HB0183S02 (5) A jail facility shall comply with the same requirements as the Department of Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning a prisoner to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and (e).
- 18 - HB0183 compared with HB0183S02 (3) The board shall have diversity of [gender] sex, ethnicity, and culture[;] , and members shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal with issues related to the Board of Aging and Adult Services.
- 17 - HB0183S01 compared with HB0183S02 (d) Four members of the board are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board.
Show all 500 changed lines (460 more)
- 19 - HB0183 compared with HB0183S02 (2) (a) The Health and Human Services Interim Committee may, in a closed meeting, review a report described in Subsection 26B-1-506(1)(b).
(3) - 18 - HB0183S01 compared with HB0183S02 (a) The Health and Human Services Interim Committee and the Child Welfare Legislative Oversight Panel may not interfere with, or make recommendations regarding, the resolution of a particular case.
- 20 - HB0183 compared with HB0183S02 (C) the categories described in Subsection 26B-1-501(7) of qualified individuals;
and - 19 - HB0183S01 compared with HB0183S02 (c) is a public document.
(a) a description of what constitutes sex and [gender[gender{] sex} based abuse, ] sex-based discrimination[,] and harassment;
and (c) procedures for teaching effective and professional communication with individuals[ of all sexual orientations and genders].{[} genders] {sexes}.
(1) - 21 - HB0183 compared with HB0183S02 (a) No more than four foster children may reside in the foster home of a licensed foster parent.
- 20 - HB0183S01 compared with HB0183S02 (a) placement of a sibling group in a foster home with no more than one other foster child placement;
Section 15 is enacted to read:
- 22 - HB0183 compared with HB0183S02 26B-2-710.
Employment practice prohibition.
(1) As used in this section, "prolonged contact" means contact that exceeds five minutes.
(2) A provider may not assign an employee, who presents as a sex that is different from the employee's biological sex while actively working for the provider, duties that allow face-to-face and prolonged contact with a child.
Section 15.
(2) oversee the implementation of a Medicaid retrospective and prospective DUR program in accordance with this part, including responsibility for approving provisions of contractual - 21 - HB0183S01 compared with HB0183S02 agreements between the Medicaid program and any other entity that will process and review Medicaid drug claims and profiles for the DUR program in accordance with this part;
- 23 - HB0183 compared with HB0183S02 (6) provide written, oral, or electronic reminders of patient-specific or drug-specific information, designed to ensure recipient, physician, and pharmacist confidentiality, and suggest changes in prescribing or dispensing practices designed to improve the quality of care;
- 22 - HB0183S01 compared with HB0183S02 (12) develop a working agreement with related boards or agencies, including the State Board of Pharmacy, Medical Licensing Board, and SURS staff within the division, in order to clarify areas of responsibility for each, where those areas may overlap;
- 24 - HB0183 compared with HB0183S02 (15) develop and publish, with the input of the State Board of Pharmacy, guidelines and standards to be used by pharmacists in counseling Medicaid recipients in accordance with this part.
and - 23 - HB0183S01 compared with HB0183S02 (h) action to be taken in the event of a missed dose;
and - 25 - HB0183 compared with HB0183S02 (iv) issue a medical cannabis caregiver card to an individual described in Subsection 26B-4-214(4).
- 24 - HB0183S01 compared with HB0183S02 (iii) The department may issue a conditional medical cannabis card to an individual applying for a medical cannabis patient card for which approval of the Compassionate Use Board is not required.
- 26 - HB0183 compared with HB0183S02 (b) (i) An individual is eligible for a medical cannabis guardian card if the individual:
and - 25 - HB0183S01 compared with HB0183S02 (E) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504, plus the cost of the criminal background check described in Section 26B-4-215.
(d) If the parent or legal guardian of a minor described in Subsections (2)(c)(i)(A) through (C) does not qualify for a medical cannabis guardian card under Subsection (2)(b), the parent or legal guardian - 27 - HB0183 compared with HB0183S02 may designate up to two caregivers in accordance with Subsection 26B-4-214(1)(c) to ensure that the minor has adequate and safe access to the recommended medical cannabis treatment.
- 26 - HB0183S01 compared with HB0183S02 (C) for a medical cannabis guardian card, the name, [gender] sex, and age of the minor receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
- 28 - HB0183 compared with HB0183S02 (iii) A non-cardholding individual acting under Subsection (3)(b)(ii)(B) or (C) may not:
- 27 - HB0183S01 compared with HB0183S02 (b) A recommending medical provider may recommend medical cannabis to a patient through a virtual visit if the patient:
- 29 - HB0183 compared with HB0183S02 (A) suffers from a qualifying condition, including the type of qualifying condition;
(b) - 28 - HB0183S01 compared with HB0183S02 (i) A medical cannabis card that the department issues in relation to a terminal illness described in Section 26B-4-203 expires after one year.
- 30 - HB0183 compared with HB0183S02 (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional patient card renews automatically at the time the minor's parent or legal guardian renews the parent or legal guardian's associated medical cannabis guardian card.
- 29 - HB0183S01 compared with HB0183S02 (ii) A cardholder under this section may possess or transport, in accordance with this part and the recommendation underlying the card, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device.
- 31 - HB0183 compared with HB0183S02 (b) the fact that a condition's listing as a qualifying condition does not suggest that medical cannabis treatment is an effective treatment or cure for that condition, as described in Subsection 26B-4-203(1);
(11) (a) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to allow an individual from another state to register with - 30 - HB0183S01 compared with HB0183S02 the department in order to purchase medical cannabis or a medical cannabis device from a medical cannabis pharmacy while the individual is visiting the state.
- 32 - HB0183 compared with HB0183S02 (d) An applicant may, through the medical cannabis card application, and a medical cannabis cardholder may, through the state central patient portal, withdraw the applicant's or cardholder's consent to participate in external research at any time.
- 31 - HB0183S01 compared with HB0183S02 (13) The department shall record the issuance or revocation of a medical cannabis card under this section in the controlled substance database.
- 33 - HB0183 compared with HB0183S02 (iii) The department shall make rules to regulate the practice of facilities and facility employees serving as designated caregivers under this Subsection (1)(b).
- 32 - HB0183S01 compared with HB0183S02 (A) 60 days;
- 34 - HB0183 compared with HB0183S02 (3) (a) The department shall:
- 33 - HB0183S01 compared with HB0183S02 (c) If a cardholder described in Section 26B-4-213 designates an individual as a caregiver who already holds a medical cannabis caregiver card, the individual with the medical cannabis caregiver card:
and - 35 - HB0183 compared with HB0183S02 (b) submit the following information in the application described in Subsection (5)(a):
- 34 - HB0183S01 compared with HB0183S02 (a) an amount of time that the cardholder described in Section 26B-4-213 who designated the caregiver determines;
- 36 - HB0183 compared with HB0183S02 (1) As used in this section:
- 35 - HB0183S01 compared with HB0183S02 (3) The office shall serve as the reporting entity to receive, compile, and submit any reports related to opioid funds that are required by law, contract, or other agreement.
- 37 - HB0183 compared with HB0183S02 (c) a description of the intended use of each award, including the specific program, service, or resource funded, population served, and measures that the recipient used or will use to assess the impact of the award;
- 36 - HB0183S01 compared with HB0183S02 (B) legal support;
- 38 - HB0183 compared with HB0183S02 26B-5-301.
- 37 - HB0183S01 compared with HB0183S02 (6) "Commitment to the custody of a local mental health authority" means that an adult is committed to the custody of the local mental health authority that governs the mental health catchment area where the adult resides or is found.
- 39 - HB0183 compared with HB0183S02 (11) "Harmful sexual conduct" means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
(13) "Incapable" means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and - 38 - HB0183S01 compared with HB0183S02 evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
- 40 - HB0183 compared with HB0183S02 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning;
or - 39 - HB0183S01 compared with HB0183S02 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(26) "Treatment" means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial - 41 - HB0183 compared with HB0183S02 interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment.
{Section 21.
Section 26B-8-107 is amended to read:
} 26B-8-107.
Correction of errors or omissions in vital records -- Conflicting birth and foundling certificates -- Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules:
(a) governing applications to correct alleged errors or omissions on any vital record;
(b) establishing procedures to resolve conflicting birth and foundling certificates;
(c) allowing for the correction and reissuance of a vital record that was originally created omitting a diacritical mark;
and (d) notwithstanding any other provision of law, allowing for the change of a child's name on the child's birth certificate within one year from the day the child is born.
(2) For a birth certificate, the department may correct an error or omission under Subsection (1)(a) if:
(a) the error or omission is a result of a scrivener's error or a data entry error;
and (b) the department receives:
(i) (A) an affidavit from the applicant attesting that there is an error on the birth certificate;
(B) supporting documentation from the health care facility or attending health care provider;
and (C) an affidavit from the health care facility or health care provider described in Subsection (2)(b)(i)(B) attesting to the accuracy of the supporting documentation;
or (ii) documentation deemed sufficient by the state registrar to establish the facts of the error or omission.
(3) The department may amend a birth certificate's sex designation for an intersex individual at the request of the individual or the guardian of the individual if:
(a) the sex designation indicating the biological sex at birth of the individual was misidentified on the original certificate due to the individual's condition;
and (b) the department receives:
(i) a correction affidavit attesting the individual is intersex;
(ii) chromosomal, molecular, karyotypic, DNA, or genetic testing results that confirm the individual is intersex;
and - 42 - HB0183 compared with HB0183S02 (iii) an affidavit from the health care facility, health care professional, or laboratory testing facility that conducted the test or analyzed the test results, attesting to the test results and accuracy.
(4) (a) A court may not issue an order to change an individual's sex designation on the individual's birth certificate unless the order is made to compel compliance with Subsection (2) or (3).
(b) The department may only amend an individual's sex designation on a birth certificate if done in accordance with Subsection (2) or (3).
(5) The department shall retain a record of all amendments to a vital record, including any amendment history issued by the department.
or - 40 - HB0183S01 compared with HB0183S02 (B) use of the premises for the consumption of alcoholic beverages by any person under 21 years [of age] old in violation of federal or state law;
- 43 - HB0183 compared with HB0183S02 (ii) provide an innkeeper with a valid credit card number to cover potential charges and any potential damages to the lodging establishment and its furnishings caused by the minor;
- 41 - HB0183S01 compared with HB0183S02 (2) An innkeeper may not refuse or deny use of or eject a person from a lodging establishment's facilities or privileges based upon the person's race, creed, color, national origin, [gender] sex, disability, or marital status.
- 44 - HB0183 compared with HB0183S02 (2) If the person whose life is at risk was, at the time the insurance was applied for, beyond the maximum age limit designated by the insurer, the insurer shall refund at least the amount of the premiums collected under the policy.
- 42 - HB0183S01 compared with HB0183S02 (i) using an application form designed to elicit the complete health history of an applicant;
- 45 - HB0183 compared with HB0183S02 (ii) A limited long-term care insurance policy or certificate may not exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions for more than a time period of six months, beginning the day on which the coverage of the insured person becomes effective.
- 43 - HB0183S01 compared with HB0183S02 (A) have a notice prominently printed on the first page or attached thereto detailing specific instructions to accomplish a return;
- 46 - HB0183 compared with HB0183S02 The premium refund will be sent directly to the person who paid it.
- 44 - HB0183S01 compared with HB0183S02 (iii) a statement of the principal exclusions, reductions, and limitations contained in the policy;
and - 47 - HB0183 compared with HB0183S02 (ix) a statement that discloses to the policyholder or certificate holder that the policy is not long-term care insurance.
- 45 - HB0183S01 compared with HB0183S02 (ii) A carrier that offers individual and small employer health benefit plans may use the small employer index rates to establish the rate limitations for individual policies, even if some individual policies are rated below the small employer base rate.
and - 48 - HB0183 compared with HB0183S02 (iii) any adjustment due to change in coverage or change in the case characteristics of the covered insured as determined from the rate manual for the class of business of the carrier offering an individual health benefit plan.
- 46 - HB0183S01 compared with HB0183S02 (iii) geographic area;
- 49 - HB0183 compared with HB0183S02 (A) assure that differences in rates charged for health benefit plans by carriers who offer health benefit plans to individuals are reasonable and reflect objective differences in plan design, not including differences due to the nature of the individuals assumed to select particular health benefit plans;
- 47 - HB0183S01 compared with HB0183S02 (4) (a) A carrier who offers a health benefit plan to an individual shall maintain at the carrier's principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrate that the carrier's rating methods and practices are:
- 50 - HB0183 compared with HB0183S02 (A) the carrier is in compliance with this chapter;
- 48 - HB0183S01 compared with HB0183S02 (3) The percentage increase in the premium rate charged to a covered insured for a new rating period, adjusted pro rata for rating periods less than a year, may not exceed the sum of the following:
(4) - 51 - HB0183 compared with HB0183S02 (a) Adjustments in rates for claims experience, health status, and duration from issue may not be charged to individual employees or dependents.
and - 49 - HB0183S01 compared with HB0183S02 (f) a wellness program, in accordance with Subsection (12).
- 52 - HB0183 compared with HB0183S02 (ix) 55-59;
- 50 - HB0183S01 compared with HB0183S02 (C) employee plus a child or children;
- 53 - HB0183 compared with HB0183S02 (C) employee plus one child;
- 51 - HB0183S01 compared with HB0183S02 (i) the premium discount to the employer for the wellness program does not exceed 20% of the premium for the small employer group;
- 54 - HB0183 compared with HB0183S02 (13) (a) A small employer carrier shall maintain at the small employer carrier's principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation that demonstrate that the small employer carrier's rating methods and practices are:
(14) - 52 - HB0183S01 compared with HB0183S02 (a) The commissioner shall establish rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
- 55 - HB0183 compared with HB0183S02 Section 25.
- 53 - HB0183S01 compared with HB0183S02 (4) To comply with Subsection (3), an authorized person shall:
- 56 - HB0183 compared with HB0183S02 (A) the name;
- 54 - HB0183S01 compared with HB0183S02 (b) Information obtained under this section is considered a record for any purpose under Chapter 5, Part 3, Retail Licensee Operational Requirements.
{Section 28.
Section 34A-5-102 is amended to read:
} 34A-5-102.
Definitions -- Unincorporated entities -- Joint employers -- Franchisors.
(1) As used in this chapter:
(a) "Affiliate" means the same as that term is defined in Section 16-6a-102.
(b) "Apprenticeship" means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102.
(c) "Bona fide occupational qualification" means a characteristic applying to an employee that:
(i) is necessary to the operation;
or (ii) is the essence of the employee's employer's business.
(d) "Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
(e) "Director" means the director of the division.
- 57 - HB0183 compared with HB0183S02 (f) "Disability" means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U.S.C.
Sec.
12102.
(g) "Division" means the Division of Antidiscrimination and Labor.
(h) "Employee" means a person applying with or employed by an employer.
(i) (i) "Employer" means:
(A) the state;
(B) a political subdivision;
(C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state;
or (D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.
(ii) "Employer" does not include:
(A) a religious organization, a religious corporation sole, a religious association, a religious society, a religious educational institution, or a religious leader, when that individual is acting in the capacity of a religious leader;
(B) any corporation or association constituting an affiliate, a wholly owned subsidiary, or an agency of any religious organization, religious corporation sole, religious association, or religious society;
or (C) the Boy Scouts of America or its councils, chapters, or subsidiaries.
(j) "Employment agency" means a person:
(i) undertaking to procure employees or opportunities to work for any other person;
or (ii) holding the person out to be equipped to take an action described in Subsection (1)(j)(i).
(k) "Federal executive agency" means an executive agency, as defined in 5 U.S.C.
Sec.
105, of the federal government.
(l) "Franchise" means the same as that term is defined in 16 C.F.R.
Sec.
436.1.
(m) "Franchisee" means the same as that term is defined in 16 C.F.R.
Sec.
436.1.
(n) "Franchisor" means the same as that term is defined in 16 C.F.R.
Sec.
436.1.
[(o) "Gender identity" has the meaning provided in the Diagnostic and Statistical Manual (DSM-5).
A person's gender identity can be shown by providing evidence, including, but not limited to, medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender - 58 - HB0183 compared with HB0183S02 identity, or other evidence that the gender identity is sincerely held, part of a person's core identity, and not being asserted for an improper purpose.] [(p)] (o) "Joint apprenticeship committee" means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program.
[(q)] (p) "Labor organization" means an organization that exists for the purpose in whole or in part of:
(i) collective bargaining;
(ii) dealing with employers concerning grievances, terms or conditions of employment;
or (iii) other mutual aid or protection in connection with employment.
[(r)] (q) "National origin" means the place of birth, domicile, or residence of an individual or of an individual's ancestors.
[(s)] (r) "On-the-job-training" means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
(i) is also employed at that job;
or (ii) may be employed by the employer conducting the program during the course of the program, or when the program is completed.
[(t)] (s) "Person" means:
(i) one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
(ii) the state;
and (iii) a political subdivision of the state.
[(u)] (t) "Pregnancy, childbirth, or pregnancy-related conditions" includes breastfeeding or medical conditions related to breastfeeding.
[(v)] (u) "Presiding officer" means the same as that term is defined in Section 63G-4-103.
[(w)] (v) "Prohibited employment practice" means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106.
[(x)] (w) "Religious leader" means an individual who is associated with, and is an authorized representative of, a religious organization or association or a religious corporation sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual advisor.
- 59 - HB0183 compared with HB0183S02 [(y)] (x) "Retaliate" means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:
(i) opposes an employment practice prohibited under this chapter;
or (ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter.
[(z)] (y) "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.
[(aa)] (z) "Undue hardship" means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation.
[(bb)] (aa) "Unincorporated entity" means an entity organized or doing business in the state that is not:
(i) an individual;
(ii) a corporation;
or (iii) publicly traded.
[(cc)] (bb) "Vocational school" means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations.
(2) (a) For purposes of this chapter, an unincorporated entity that is required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to be the employer of each individual who, directly or indirectly, holds an ownership interest in the unincorporated entity.
(b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that the individual:
(i) is an active manager of the unincorporated entity;
(ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated entity;
or (iii) is not subject to supervision or control in the performance of work by:
(A) the unincorporated entity;
or - 60 - HB0183 compared with HB0183S02 (B) a person with whom the unincorporated entity contracts.
(c) As part of the rules made under Subsection (2)(b), the commission may define:
(i) "active manager";
(ii) "directly or indirectly holds at least an 8% ownership interest";
and (iii) "subject to supervision or control in the performance of work." (3) For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
(4) (a) For purposes of this chapter, a franchisor is not considered to be an employer of:
(i) a franchisee;
or (ii) a franchisee's employee.
(b) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (4) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
(5) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an action under this chapter in the judicial district in which the asserted unfair employment practice occurs if the action is brought in the district court.
{Section 29.
Section 34A-5-104 is amended to read:
} 34A-5-104.
Powers.
(1) (a) The commission has jurisdiction over the subject of employment practices and discrimination made unlawful by this chapter.
(b) The commission may adopt, publish, amend, and rescind rules, consistent with, and for the enforcement of this chapter.
(2) The division may:
(a) appoint and prescribe the duties of an investigator, other employee, or agent of the commission that the commission considers necessary for the enforcement of this chapter;
(b) receive, reject, investigate, and pass upon complaints alleging:
- 61 - HB0183 compared with HB0183S02 (i) discrimination in:
(A) employment;
(B) an apprenticeship program;
(C) an on-the-job training program;
or (D) a vocational school;
or (ii) the existence of a discriminatory or prohibited employment practice by:
(A) a person;
(B) an employer;
(C) an employment agency;
(D) a labor organization;
(E) an employee or member of an employment agency or labor organization;
(F) a joint apprenticeship committee;
and (G) a vocational school;
(c) investigate and study the existence, character, causes, and extent of discrimination in employment, apprenticeship programs, on-the-job training programs, and vocational schools in this state by:
(i) employers;
(ii) employment agencies;
(iii) labor organizations;
(iv) joint apprenticeship committees;
and (v) vocational schools;
(d) formulate plans for the elimination of discrimination by educational or other means;
(e) issue publications and reports of investigations and research that:
(i) promote good will among the various racial, religious, and ethnic groups of the state;
and (ii) minimize or eliminate discrimination in employment because of race, color, sex, religion, national origin, age, disability, or sexual orientation[, or gender identity];
(f) prepare and transmit to the governor, at least once each year, reports describing:
(i) division proceedings and investigations;
(ii) decisions the division renders;
and (iii) other work performed by the division;
(g) recommend policies to the governor, and submit recommendation to employers, employment agencies, and labor organizations to implement those policies;
- 62 - HB0183 compared with HB0183S02 (h) recommend legislation to the governor that the division considers necessary concerning discrimination because of:
(i) race;
(ii) sex;
(iii) color;
(iv) national origin;
(v) religion;
(vi) age;
(vii) disability;
or (viii) sexual orientation[;
or] ;
and [(ix) gender identity;
and] (i) within the limits of appropriations made for the division's operation, cooperate with other agencies or organizations, both public and private, in the planning and conducting of educational programs designed to eliminate discriminatory practices prohibited under this chapter.
(3) In addition to processing complaints made in accordance with this chapter, the division shall investigate an alleged discriminatory practice involving an officer or employee of state government when requested by the Career Service Review Office.
(4) (a) In an investigation held under this chapter, the division may subpoena a person to compel the person to:
(i) cooperate and participate in an interview;
or (ii) produce for examination a book, paper, or other information relating to the matters raised by the complaint.
(b) If a person fails or refuses to obey a subpoena issued by the division, the division may petition the district court to enforce the subpoena.
(c) If a person asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
{Section 30.
Section 34A-5-106 is amended to read:
} 34A-5-106.
Discriminatory or prohibited employment practices -- Permitted practices.
(1) It is a discriminatory or prohibited employment practice to take an action described in Subsections (1)(a) through (g).
- 63 - HB0183 compared with HB0183S02 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified, because of:
(A) race;
(B) color;
(C) sex;
(D) pregnancy, childbirth, or pregnancy-related conditions;
(E) age, if the individual is 40 years [of age] old or older;
(F) religion;
(G) national origin;
(H) disability;
or (I) sexual orientation[;
or] .
[(J) gender identity.] (ii) A person may not be considered "otherwise qualified," unless that person possesses the following required by an employer for any particular job, job classification, or position:
(A) education;
(B) training;
(C) ability, with or without reasonable accommodation;
(D) moral character;
(E) integrity;
(F) disposition to work;
(G) adherence to reasonable rules and regulations;
and (H) other job related qualifications required by an employer.
(iii) (A) As used in this chapter, "to discriminate in matters of compensation" means the payment of differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job.
(B) Notwithstanding Subsection (1)(a)(iii)(A):
- 64 - HB0183 compared with HB0183S02 (I) nothing in this chapter prevents an increase in pay as a result of longevity with the employer, if the salary increase is uniformly applied and available to all employees on a substantially proportional basis;
and (II) nothing in this section prohibits an employer and employee from agreeing to a rate of pay or work schedule designed to protect the employee from loss of [Social Security] social security payment or benefits if the employee is eligible for those payments.
(b) An employment agency may not:
(i) refuse to list and properly classify for employment, or refuse to refer an individual for employment, in a known available job for which the individual is otherwise qualified, because of:
(A) race;
(B) color;
(C) sex;
(D) pregnancy, childbirth, or pregnancy-related conditions;
(E) religion;
(F) national origin;
(G) age, if the individual is 40 years[ of age ] old or older;
(H) disability;
or (I) sexual orientation;
or [(J) gender identity;
or] (ii) comply with a request from an employer for referral of an applicant for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of:
(A) race;
(B) color;
(C) sex;
(D) pregnancy, childbirth, or pregnancy-related conditions;
(E) religion;
(F) national origin;
(G) age, if the individual is 40 [years of age] years old or older;
(H) disability;
or (I) sexual orientation[;
or] .
[(J) gender identity.] - 65 - HB0183 compared with HB0183S02 (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
(A) exclude an individual otherwise qualified from full membership rights in the labor organization;
(B) expel the individual from membership in the labor organization;
or (C) otherwise discriminate against or harass a member of the labor organization in full employment of work opportunity, or representation.
(ii) A labor organization may not take an action listed in this Subsection (1)(c) because of:
(A) race;
(B) sex;
(C) pregnancy, childbirth, or pregnancy-related conditions;
(D) religion;
(E) national origin;
(F) age, if the individual is 40 [years of age] years old or older;
(G) disability;
or (H) sexual orientation[;
or] .
[(I) gender identity.] (d) (i) Unless based upon a bona fide occupational qualification, or required by and given to an agency of government for a security reason, an employer, employment agency, or labor organization may not do the following if the statement, advertisement, publication, form, or inquiry violates Subsection (1)(d)(ii):
(A) print, circulate, or cause to be printed or circulated a statement, advertisement, or publication;
(B) use a form of application for employment or membership;
or (C) make any inquiry in connection with prospective employment or membership.
(ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or inquiry that directly expresses a limitation, specification, or discrimination as to:
(A) race;
(B) color;
(C) religion;
(D) sex;
(E) pregnancy, childbirth, or pregnancy-related conditions;
- 66 - HB0183 compared with HB0183S02 (F) national origin;
(G) age, if the individual is 40 [years of age] years old or older;
(H) disability;
or (I) sexual orientation[;
or] .
[(J) gender identity.] (e) A person, whether or not an employer, an employment agency, a labor organization, or an employee or member of an employer, employment agency, or labor organization, may not:
(i) aid, incite, compel, or coerce the doing of an act defined in this section to be a discriminatory or prohibited employment practice;
(ii) obstruct or prevent a person from complying with this chapter, or any order issued under this chapter;
or (iii) attempt, either directly or indirectly, to commit an act prohibited in this section.
(f) (i) An employer, labor organization, joint apprenticeship committee, or vocational school providing, coordinating, or controlling an apprenticeship program or providing, coordinating, or controlling an on-the-job-training program, instruction, training, or retraining program may not:
(A) deny to, or withhold from, any qualified person the right to be admitted to or participate in an apprenticeship training program, on-the-job-training program, or other occupational instruction, training, or retraining program because of:
(I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 [years of age] years old or older;
(VIII) disability;
or (IX) sexual orientation;[ or] [(X) gender identity;] (B) discriminate against or harass a qualified person in that person's pursuit of a program described in Subsection (1)(f)(i)(A) because of:
- 67 - HB0183 compared with HB0183S02 (I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 [years of age] years old or older;
(VIII) disability;
or (IX) sexual orientation;[ or] [(X) gender identity;] (C) discriminate against a qualified person in the terms, conditions, or privileges of a program described in Subsection (1)(f)(i)(A), because of:
(I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 [years of age] years old or older;
(VIII) disability;
or (IX) sexual orientation;
or [(X) gender identity;
or] (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or published, a notice or advertisement relating to employment by the employer, or membership in or a classification or referral for employment by a labor organization, or relating to a classification or referral for employment by an employment agency, indicating a preference, limitation, specification, or discrimination based on:
(I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
- 68 - HB0183 compared with HB0183S02 (V) religion;
(VI) national origin;
(VII) age, if the individual is 40 [years of age] years old or older;
(VIII) disability;
or (IX) sexual orientation[;
or] .
[(X) gender identity.] (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide occupational qualification for employment, a notice or advertisement described in Subsection (1)(f)(i)(D) may indicate a preference, limitation, specification, or discrimination based on:
(A) race;
(B) color;
(C) religion;
(D) sex;
(E) pregnancy, childbirth, or pregnancy-related conditions;
(F) age;
(G) national origin;
(H) disability;
or (I) sexual orientation[;
or] .
[(J) gender identity.] (g) Subject to Subsection (7), an employer may not:
(i) refuse to provide reasonable accommodations for an employee related to pregnancy, childbirth, breastfeeding, or related conditions:
(A) if the employee requests a reasonable accommodation;
and (B) unless the employer demonstrates that the accommodation would create an undue hardship on the operations of the employer;
(ii) require an employee to terminate employment if another reasonable accommodation can be provided for the employee's pregnancy, childbirth, breastfeeding, or related conditions unless the employer demonstrates that the accommodation would create an undue hardship on the operations of the employer;
or (iii) deny employment opportunities to an employee, if the denial is based on the need of the employer to make reasonable accommodations related to the pregnancy, childbirth, breastfeeding, or related - 69 - HB0183 compared with HB0183S02 conditions of an employee unless the employer demonstrates that the accommodation would create an undue hardship on the operations of the employer.
(2) Subsections (1)(a) through (1)(g) may not be construed to prevent:
(a) the termination of employment of an individual who, with or without reasonable accommodation, is physically, mentally, or emotionally unable to perform the duties required by that individual's employment;
(b) the variance of insurance premiums or coverage on account of age;
or (c) a restriction on the activities of a person licensed in accordance with Title 32B, Alcoholic Beverage Control Act, with respect to an individual who is under 21 [years of age] years old.
(3) (a) It is not a discriminatory or prohibited employment practice:
(i) for an employer to hire and employ an employee, for an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee controlling an apprenticeship or other training or retraining program to admit or employ an individual in the program on the basis of religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin, disability, or sexual orientation[, or gender identity] in those certain instances when religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 [years of age] years old or older, national origin, disability, or sexual orientation[, or gender identity] is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
(ii) for a school, college, university, or other educational institution to hire and employ an employee of a particular religion if:
(A) the school, college, university, or other educational institution is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religious corporation, association, or society;
or (B) the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion;
or (iii) for an employer to give preference in employment to:
(A) the employer's:
- 70 - HB0183 compared with HB0183S02 (I) spouse;
(II) child;
or (III) son-in-law or daughter-in-law;
(B) a person for whom the employer is or would be liable to furnish financial support if the person were unemployed;
(C) a person to whom the employer during the preceding six months furnishes more than one-half of total financial support regardless of whether or not the employer was or is legally obligated to furnish support;
or (D) a person whose education or training is substantially financed by the employer for a period of two years or more.
(b) Nothing in this chapter applies to a business or enterprise on or near an Indian reservation with respect to a publicly announced employment practice of the business or enterprise under which preferential treatment is given to an individual because that individual is a native American Indian living on or near an Indian reservation.
(c) Nothing in this chapter may be interpreted to require an employer, employment agency, labor organization, vocational school, joint labor-management committee, or apprenticeship program subject to this chapter to grant preferential treatment to an individual or to a group because of the race, color, religion, sex, age, national origin, disability, or sexual orientation[, or gender identity] of the individual or group on account of an imbalance that may exist with respect to the total number or percentage of persons of a race, color, religion, sex, age, national origin, disability, or sexual orientation[, or gender identity] employed by an employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by a labor organization, or admitted to or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, age, national origin, disability, or sexual orientation[, or gender identity] in any community or county or in the available work force in any community or county.
(4) It is not a discriminatory or prohibited practice with respect to age to observe the terms of a bona fide seniority system or any bona fide employment benefit plan such as a retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire an individual.
- 71 - HB0183 compared with HB0183S02 (5) Notwithstanding Subsection (4), or another statute to the contrary, a person may not be subject to involuntary termination or retirement from employment on the basis of age alone, if the individual is [years of age] years old or older, except:
(a) under Subsection (6);
and (b) when age is a bona fide occupational qualification.
(6) Nothing in this section prohibits compulsory retirement of an employee who has attained at least [years of age] years old, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if:
(a) that employee is entitled to an immediate nonforfeitable annual retirement benefit from the employee's employer's pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans;
and (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
(7) (a) For purposes of Subsection (1)(g), an employer may require an employee to provide a certification from the employee's health care provider concerning the medical advisability of a reasonable accommodation.
(b) A certification under Subsection (7)(a) shall include:
(i) the date the reasonable accommodation becomes medically advisable;
(ii) the probable duration of the reasonable accommodation;
and (iii) an explanatory statement as to the medical advisability of the reasonable accommodation.
(c) Notwithstanding Subsections (1)(g) and (7)(a), an employer may not require an employee to obtain a certification from the employee's health care provider for more frequent restroom, food, or water breaks.
(d) An employer is not required under Subsection (1)(g) or this Subsection (7) to permit an employee to have the employee's child at the workplace for purposes of accommodating pregnancy, childbirth, breastfeeding, or related conditions.
(e) An employer shall include in an employee handbook, or post in a conspicuous place in the employer's place of business, written notice concerning an employee's rights to reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions.
{Section 31.
Section 34A-5-107 is amended to read:
} - 72 - HB0183 compared with HB0183S02 34A-5-107.
Procedure for aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
(1) (a) A person claiming to be aggrieved by a discriminatory or prohibited employment practice may, or that person's attorney or agent may, make, sign, and file with the division a request for agency action.
(b) A request for agency action shall be verified under oath or affirmation.
(c) A request for agency action made under this section shall be filed within 180 days after the alleged discriminatory or prohibited employment practice occurs.
(d) The division may transfer a request for agency action filed with the division pursuant to this section to the federal Equal Employment Opportunity Commission in accordance with a work-share agreement that is:
(i) between the division and the federal Equal Employment Opportunity Commission;
and (ii) in effect on the day on which the request for agency action is transferred.
(2) An employer, labor organization, joint apprenticeship committee, or vocational school who has an employee or member who refuses or threatens to refuse to comply with this chapter may file with the division a request for agency action asking the division for assistance to obtain the employee's or member's compliance by conciliation or other remedial action.
(3) (a) Before an investigation begins into allegations of discriminatory or prohibited employment practice, the division shall promptly assign a mediator to offer mediation services between the parties by conference.
(b) (i) If mediation services are refused or no settlement is reached, the division shall promptly assign an investigator.
(ii) The investigator shall make a prompt impartial investigation of all allegations made in the request for agency action.
(c) The division and the division's staff, agents, and employees shall conduct every investigation in fairness to all parties and agencies involved.
(d) An aggrieved party may withdraw the request for agency action prior to the issuance of a final order.
(4) - 73 - HB0183 compared with HB0183S02 (a) If the initial attempts at settlement are unsuccessful, and the investigator uncovers insufficient evidence during the investigation to support the allegations of a discriminatory or prohibited employment practice set out in the request for agency action, the investigator shall formally report these findings to the director or the director's designee.
(b) (i) Upon receipt of the investigator's report described in Subsection (4)(a), the director or the director's designee may issue a determination and order for dismissal of the adjudicative proceeding.
(ii) A determination and order issued under this Subsection (4)(b) shall include a notice:
(A) of the right to request an evidentiary hearing under Subsection (4)(c);
and (B) that failure to request an evidentiary hearing under Subsection (4)(c) will result in the determination and order becoming final, in accordance with Subsection (4)(d).
(c) A party may make a written request to the Division of Adjudication for an evidentiary hearing to review de novo the director's or the director's designee's determination and order within 30 days from the day on which the determination and order for dismissal is issued.
(d) If the director or the director's designee receives no timely request for a hearing, the determination and order issued by the director or the director's designee becomes the final order of the commission.
(5) (a) If the initial attempts at settlement are unsuccessful and the investigator uncovers sufficient evidence during the investigation to support the allegations of a discriminatory or prohibited employment practice set out in the request for agency action, the investigator shall formally report these findings to the director or the director's designee.
(b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the director or the director's designee may issue a determination and order based on the investigator's report.
(ii) A determination and order issued under this Subsection (5)(b) shall:
(A) direct the respondent to cease any discriminatory or prohibited employment practice;
(B) provide relief to the aggrieved party as the director or the director's designee determines is appropriate;
(C) include a notice of the right to request an evidentiary hearing under Subsection (5)(c);
and - 74 - HB0183 compared with HB0183S02 (D) include a notice that failure to request an evidentiary hearing under Subsection (5)(c) will result in the determination and order becoming final, in accordance with Subsection (5)(d).
(c) A party may file a written request to the Division of Adjudication for an evidentiary hearing to review de novo the director's or the director's designee's determination and order within 30 days after the day on which the determination and order is issued.
(d) If the director or the director's designee receives no timely request for a hearing, the determination and order issued by the director or the director's designee in accordance with Subsection (5)(b) becomes the final order of the commission.
(6) In an adjudicative proceeding to review the director's or the director's designee's determination that a prohibited employment practice has occurred, the division shall present the factual and legal basis of the determination and order issued under Subsection (5).
(7) (a) If, upon reviewing all the evidence at a hearing, the presiding officer finds that a respondent has not engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order dismissing the request for agency action containing the allegation of a discriminatory or prohibited employment practice.
(b) The presiding officer may order that the respondent be reimbursed by the complaining party for the respondent's attorney fees and costs.
(8) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a respondent has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the respondent to:
(a) cease any discriminatory or prohibited employment practice;
Show all 500 changed rows (460 more)
View plain text versions (7)
- Comparison to Original Bill View text pdf
- Comparison to Sub #1 View text Current pdf
- Amended Amended 2/26/2026 19:02:11 pdf
- Amended Amended Excerpts 2/26/2026 19:02:11 pdf
- Substitute Substitute #1 pdf
- Substitute Substitute #2 pdf
- Introduced View text pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
House/ filed
-
House/ received from Senate
-
Senate/ to House
-
Senate/ strike enacting clause
-
Senate/ comm rpt/ sent to Rules [Senate Rules Committee]
-
Senate Comm - Recommends Returned to Rules [Senate Government Operations and Political Subdivisions Committee]
-
Senate Comm - Held [Senate Government Operations and Political Subdivisions Committee]
-
Senate/ to standing committee [Senate Government Operations and Political Subdivisions Committee]
-
Senate/ 1st reading (Introduced)
-
Senate/ received from House
-
House/ to Senate
-
House/ held
-
House/ passed 3rd reading
-
House/ 3rd reading
-
House/ 2nd reading
-
House/ comm rpt/ substituted/ amended [House Judiciary Committee]
-
House Comm - Favorable Recommendation [House Judiciary Committee]
-
House Comm - Amendment Recommendation [House Judiciary Committee]
-
House Comm - Substitute Recommendation [House Judiciary Committee]
-
LFA/ fiscal note publicly available for HB0183S02
-
LFA/ fiscal note sent to sponsor for HB0183S02
-
LFA/ bill sent to agencies for fiscal input for HB0183S02
-
LFA/ bill assigned to staff for fiscal analysis for HB0183S02
-
House/ to standing committee [House Judiciary Committee]
-
Bill Substituted by Sponsor in House Rules Comm [House Rules Committee]
-
LFA/ fiscal note publicly available for HB0183S01
-
LFA/ fiscal note sent to sponsor for HB0183S01
-
LFA/ bill sent to agencies for fiscal input for HB0183S01
-
LFA/ bill assigned to staff for fiscal analysis for HB0183S01
-
House/ 1st reading (Introduced)
-
House/ received fiscal note from Fiscal Analyst
-
LFA/ fiscal note publicly available for HB0183
-
LFA/ fiscal note sent to sponsor for HB0183
-
House/ received bill from Legislative Research
-
LFA/ bill sent to agencies for fiscal input for HB0183
-
LFA/ bill assigned to staff for fiscal analysis for HB0183
-
Numbered Bill Publicly Distributed
-
Bill Numbered but not Distributed
Sponsors
- Heidi Balderree · Cosponsor
- Mark A. Strong · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 102 not signed on
Sponsors (1)
- Mark A. Strong Republican
Co-sponsors (1)
- Heidi Balderree Republican
Not signed on (102)
102 members have not signed on to this bill.
Show all 102 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 183?
- HB 183 is sponsored by Heidi Balderree (Republican) and Mark A. Strong (Republican).
- What is the current status of HB 183?
- This bill has been sent to the executive. Introduced January 07, 2026. It awaits signature.
- Where can I track HB 183?
- Track HB 183 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 183
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 183
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →