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8 LONG TITLE
9 General Description:
10 This bill addresses liability regarding state limitations on student competition in
11 interscholastic athletic activities designated for students of the female sex.
12 Highlighted Provisions:
13 This bill:
14 ▸ provides for defense and indemnification regarding state limitations on student
15 competition in interscholastic athletic activities designated for students of the
16 female sex; and
17 ▸ provides that a local education agency or school is responsible for enforcement of
18 state limitations on student competition in interscholastic athletic activities
19 designated for students of the female sex.
20 Money Appropriated in this Bill:
21 This bill appropriates in fiscal year 2023:
22 ▸ To the Attorney General - Attorney General - Civil as a one-time appropriation:
23 • From the General Fund, One-time, $500,000.
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 ENACTS:
28 53G-6-904, Utah Code Annotated 1953
29 53G-6-1007, Utah Code Annotated 1953
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53G-6-904 is enacted to read:
33 53G-6-904. Indemnification -- Enforcement.
34 (1) The state shall defend, indemnify, and hold harmless a person acting under color of
35 state law to enforce this part for any claims or damages, including court costs and attorney fees,
36 that:
37 (a) are brought or incurred as a result of this part; and
38 (b) are not covered by the person's insurance policies or by any coverage agreement
39 issued by the State Risk Management Fund.
40 (2) An LEA or school within the public education system with a team that competes in
41 an interscholastic athletic activity is responsible for the enforcement of this part in relation to
42 the LEA's or school's teams.
43 Section 2. Section 53G-6-1007 is enacted to read:
44 53G-6-1007. Indemnification -- Enforcement.
45 (1) The state shall defend, indemnify, and hold harmless a person acting under color of
46 state law to enforce this part for any claims or damages, including court costs and attorney fees,
47 that:
48 (a) are brought or incurred as a result of this part; and
49 (b) are not covered by the person's insurance policies or by any coverage agreement
50 issued by the State Risk Management Fund.
51 (2) An LEA or school within the public education system with a team that competes in
52 an interscholastic athletic activity is responsible for the enforcement of this part in relation to
53 the LEA's or school's teams.
54 Section 3. Appropriation.
55 The following sums of money are appropriated for the fiscal year beginning July 1,
56 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
57 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
58 Act, the Legislature appropriates the following sums of money from the funds or accounts
59 indicated for the use and support of the government of the state of Utah.
60 ITEM 1
61 To Attorney General - Attorney General
62 From General Fund, One-time
500,000
63 Schedule of Programs:
64 Civil 500,000
65 The Legislature intends that appropriations provided under this section be used for the
66 purposes described in Sections 53G-6-904 and 53G-6-1007. Under Section 63J-1-603
67 appropriations provided under this section do not lapse at the close of fiscal year 2023. The use
68 of any nonlapsing funds is limited to the indemnification described in Section 53G-6-904.
69 Section 4. Effective date.
70 This bill takes effect on July 1, 2022.