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STUDENT ATHLETICS PARTICIPATION

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2022 GENERAL SESSION

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STATE OF UTAH

4     
Chief Sponsor: Kera Birkeland

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Senate Sponsor: Curtis S. Bramble

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7     LONG TITLE
8     Committee Note:
9          The Health and Human Services Interim Committee recommended this bill.
10               Legislative Vote:     13 voting for     3 voting against     2 absent
11     General Description:
12          This bill addresses student athlete participation in gender-designated sports in the
13     public education system.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     conditions student athlete participation in gender-designated sports in the public
18     education system on the student's birth certificate;
19          ▸     imposes a hormone treatment requirement for a student athlete whose birth
20     certificate is amended to reflect a male-to-female transition;
21          ▸     requires a female student on testosterone therapy for a female-to-male transition to
22     participate in male-designated sports;
23          ▸     allows a female student to participate in male-designated sports when a
24     female-designated equivalent is not available; and
25          ▸     provides for severability.
26     Money Appropriated in this Bill:
27          None

28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     ENACTS:
32          53G-6-901, Utah Code Annotated 1953
33          53G-6-902, Utah Code Annotated 1953
34          53G-6-903, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 53G-6-901 is enacted to read:
38          53G-6-901. Definitions.
39          As used in this part:
40          (1) "Female-designated" means that an interscholastic activity is designated specifically
41     for female students.
42          (2) "Female student" means a student with a sex designation of female on the student's
43     birth certificate.
44          (3) "Gender-designated" means female-designated or male-designated.
45          (4) "Interscholastic athletic activity" means an athletic activity in which a student
46     represents the student's school in the activity in competition against another school.
47          (5) "Male-designated" means that an interscholastic activity is designated specifically
48     for male students.
49          (6) "Male student" means a student with a sex designation of male on the student's
50     birth certificate.
51          (7) "Student" means a student who is enrolled in grade 9 through 12.
52          Section 2. Section 53G-6-902 is enacted to read:
53          53G-6-902. Participation in school sports.
54          (1) Notwithstanding any state board rule or policy of an athletic association or
55     organization, and except as provided in Subsections (2) and (3):
56          (a) a student may compete in a gender-designated interscholastic athletic activity that
57     matches the sex designation on the student's current birth certificate; and
58          (b) a student may not compete in a gender-designated interscholastic athletic activity

59     that does not match the sex designation on the student's current birth certificate.
60          (2) (a) (i) A student who amends the sex designation on the student's birth certificate
61     under Section 26-2-11 from male to female may not participate in a female-designated
62     interscholastic athletic activity using the amended birth certificate until the student has
63     completed one year of hormone treatment related to the gender transition.
64          (ii) The one-year requirement described in Subsection (2)(a)(i) may be satisfied
65     regardless of whether the year of therapy began before receiving or in order to receive the
66     amended birth certificate described in Subsection (2)(a)(i).
67          (b) A female student who is on testosterone therapy as part of a transition from female
68     to male:
69          (i) may not compete in a female-designated interscholastic athletic activity; and
70          (ii) may compete in a male-designated interscholastic athletic activity.
71          (3) A female student may compete in a male-designated interscholastic athletic activity
72     if there is no female-designated interscholastic athletic activity in the same sport at the student's
73     school.
74          Section 3. Section 53G-6-903 is enacted to read:
75          53G-6-903. Severability.
76          (1) If any provision of this part or the application of any provision of this part to any
77     person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
78     the remainder of this part shall be given effect without the invalidated provision or application.
79          (2) The provisions of this part are severable.