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House delays vote on employment anti-discrimination amendments amid subpoenas and hearing concerns
Summary
The House circled HB 30 after extended floor debate about whether the bill reorders mediation, investigation and hearing steps and how subpoena authority would work; the sponsor said the hearing remains and subpoena power remains subject to judicial review, and pledged to clarify statutory language.
Lawmakers on the House floor on Jan. 23 paused action on House Bill 30, a measure that would incorporate legislative–auditor recommendations into the employment portion of Utah's Anti-Discrimination Act, after a series of questions about due process and subpoena authority.
Representative James A. Dunnigan, the bill sponsor, said the measure implements auditor recommendations by sequencing mediation, investigation and hearing procedures differently than current statutory language. "So the hearing is still there. We're just repositioning in the statute," Dunnigan said in response to repeated questions about whether the bill removes a hearing requirement.
Several representatives pressed the sponsor on the scope and checks on subpoena authority. One questioner asked whether the bill would give the division 'broad open-ended' subpoena power without court review. Dunnigan replied that the division already has subpoena power and that the bill clarifies its use to compel participation in interviews; he said such subpoenas remain subject to judicial review.
Representatives also raised due-process concerns about discovery and whether an investigation would afford parties adequate ability to gather evidence before a hearing. The sponsor and others said the changes are narrow, reflect auditor recommendations and are intended to improve fairness; the sponsor agreed to clarify language about the hearing requirement and subpoena scope in a revised draft.
After discussion, the House voted to 'circle' HB 30 (a procedural hold) so sponsors can address the concerns and return with clarified statutory text.
What remains
Sponsor committed to revise statutory language to make explicit the hearing requirement and to clarify the basis and limits of subpoena authority; HB 30 will return for further consideration after those changes.
