Chief Sponsor: Karen Kwan

Senate Sponsor: Luz Escamilla

7     Cosponsors:
8     Gay Lynn Bennion
9     Joel K. Briscoe
10     Clare Collard
11     Jennifer Dailey-Provost
Sandra Hollins
Brian S. King
Rosemary T. Lesser
Carol Spackman Moss
Doug Owens
Andrew Stoddard
Elizabeth Weight
Mark A. Wheatley

14     General Description:
15          This bill enacts provisions to codify an existing athletic association policy regarding
16     transgender student athlete participation.
17     Highlighted Provisions:
18          This bill:
19          ▸     defines terms;
20          ▸     establishes which students may participate on which gender-designated sports
21     teams;
22          ▸     allows a transgender student to participate on a gender-designated sports team under
23     certain conditions after the student's local education agency and school make an
24     eligibility determination that allows the student's participation;
25          ▸     requires a local education agency and school to verify compliance with the
26     provisions of this bill when submitting a gender-designated team roster to an

27     athletic association;
28          ▸     allows an athletic association to rely on the verification described in the above
29     paragraph;
30          ▸     requires certain biennial reporting to the Education Interim Committee;
31          ▸     provides for indemnification regarding limitations on student participation in
32     gender-designated sports;
33          ▸     provides that a local education agency or school is responsible for enforcement of
34     limitations on student participation in gender-designated sports;
35          ▸     provides for severability; and
36          ▸     repeals H.B. 11, Student Eligibility in Interscholastic Activities, which the
37     Legislature passed during the 2022 General Session.
38     Money Appropriated in this Bill:
39          This bill appropriates in fiscal year 2023:
40          ▸     To the Attorney General - Attorney General - Civil as a one-time appropriation:
41               •     From the General Fund, One-time, $500,000.
42     Other Special Clauses:
43          This bill provides a special effective date.
44     Utah Code Sections Affected:
45     ENACTS:
46          53G-6-1101, Utah Code Annotated 1953
47          53G-6-1102, Utah Code Annotated 1953
48          53G-6-1103, Utah Code Annotated 1953
49          53G-6-1104, Utah Code Annotated 1953
50          53G-6-1105, Utah Code Annotated 1953
51     Uncodified Material Affected:

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 53G-6-1101 is enacted to read:
56          53G-6-1101. Definitions.
57          As used in this part:

58          (1) "Athletic association" means an association, as that term is defined in Section
59     53G-7-1101.
60          (2) "Female-designated" means that an interscholastic athletic activity is designated
61     specifically for female students.
62          (3) "Female student" means a student with a sex designation of female on the student's
63     birth certificate.
64          (4) "Gender-designated" means that an interscholastic athletic activity is designated
65     specifically for female or male students.
66          (5) "Gender identity" means the same as that term is defined in Section 34A-5-102.
67          (6) "Interscholastic athletic activity" means an activity in which a student represents the
68     student's school in the activity in competition against another school.
69          (7) "Male-designated" means that an interscholastic athletic activity is designated
70     specifically for male students.
71          (8) "Male student" means a student with a sex designation of male on the student's
72     birth certificate.
73          (9) "Student" means a student who is enrolled in a school that chooses to participate in
74     interscholastic athletic activities through an athletic association.
75          Section 2. Section 53G-6-1102 is enacted to read:
76          53G-6-1102. Transgender student athlete participation in interscholastic athletic
77     activities.
78          (1) For the protection of competitive balance and the integrity of women's sports, and
79     except as provided in Subsection (2):
80          (a) if an LEA or school sponsors gender-designated teams in a given sport for both
81     males and females as an interscholastic athletic activity:
82          (i) female students may only participate on the female-designated team; and
83          (ii) male students may only participate on the male-designated team; and
84          (b) if an LEA or school sponsors only a single team in a given sport as an
85     interscholastic athletic activity:
86          (i) female students may participate on male-designated teams; and
87          (ii) male students may not participate on female-designated teams.
88          (2) (a) Notwithstanding Subsection (1), with the consent of the student's parent or legal

89     guardian, a student may participate on a gender-designated sports team that is inconsistent with
90     the sex designation on the student's original birth certificate and that is consistent with the
91     student's public gender identity for all other purposes if the relevant LEA makes a
92     determination that the student is eligible to participate on the gender-designated team in
93     accordance with this Subsection (2).
94          (b) The relevant LEA and school shall make a determination of a student's eligibility to
95     participate on a gender-designated team for a particular season:
96          (i) in accordance with the eligibility provisions described in Subsection (2)(c);
97          (ii) after considering the evidence described in Subsection (2)(d); and
98          (iii) based on the student's:
99          (A) gender identification in current school records; and
100          (B) gender identify in the student's daily life activities in the school and community at
101     the time that the student's eligibility is determined.
102          (c) (i) The following students are only eligible to participate on a male-designated
103     team:
104          (A) a female-to-male transgender student who is taking a medically prescribed
105     hormone treatment under a physician's care for the purpose of the student's gender transition;
106     and
107          (B) a male-to-female transgender student who is not taking hormone treatment related
108     to the student's gender transition.
109          (ii) A male-to-female transgender student athlete who is taking a medically prescribed
110     hormone treatment under a physician's care for the purpose of the student's gender transition:
111          (A) is eligible to participate on a male-designated team at any time; and
112          (B) is only eligible to participate on a female-designated team after completing one
113     year of hormone treatment related to the student's gender transition.
114          (d) An LEA and school making an eligibility determination described in Subsection
115     (2)(b) shall base the eligibility determination upon the following types of evidence:
116          (i) a complete list of all the student's prescribed, non-prescribed or over the counter,
117     treatments or medications;
118          (ii) written verification from a licensed doctor, psychiatrist, or psychologist of the
119     student's consistent gender identity and expression; and

120          (iii) any other pertinent documentation or information which the student or the
121     student's parent or legal guardian believes relevant and appropriate.
122          (e) (i) An LEA and school shall verify compliance with this section when submitting a
123     gender-designated team roster to an athletic association.
124          (ii) An athletic association may rely on a verification described in Subsection (2)(e)(i)
125     as an acknowledgment that:
126          (A) the school and the school's principal have determined that the students listed on a
127     gender-designated team are eligible for participation in accordance with this section; and
128          (B) the LEA has determined that the expression of the student's gender identity is bona
129     fide and not for the purpose of gaining an unfair advantage in competitive athletics.
130          (3) A student may not participate in practices or try out for gender-designated teams for
131     which the student is ineligible under this section.
132          (4) Nothing in this section:
133          (a) entitles a student to be selected on any particular team; or
134          (b) permits a student to transfer from one gender-designated team to a team designated
135     for another gender during a sports season.
136          (5) After a student and the student's relevant LEA and school address the issue of the
137     student's gender identity, the determination shall remain consistent for the remainder of the
138     student's school sports eligibility.
139          Section 3. Section 53G-6-1103 is enacted to read:
140          53G-6-1103. Reporting.
141          Beginning in 2023, and during each odd-numbered year, the following shall report to
142     the Education Interim Committee regarding compliance with this part:
143          (1) an athletic association of which the highest number of schools within the state are
144     members;
145          (2) the Utah School Boards Association described in Section 53G-4-502;
146          (3) an association that represents LEA superintendents; and
147          (4) the state board.
148          Section 4. Section 53G-6-1104 is enacted to read:
149          53G-6-1104. Severability.
150          (1) If any provision of this part or the application of any provision of this part to any

151     person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
152     the remainder of this part shall be given effect without the invalidated provision or application.
153          (2) The provisions of this part are severable.
154          Section 5. Section 53G-6-1105 is enacted to read:
155          53G-6-1105. Indemnification -- Enforcement.
156          (1) The state shall defend, indemnify, and hold harmless a person acting under color of
157     state law to enforce this part for any claims or damages, including court costs and attorney fees,
158     that:
159          (a) are brought or incurred as a result of this part; and
160          (b) are not covered by the person's insurance policies or by any coverage agreement
161     issued by the State Risk Management Fund.
162          (2) An LEA or school within the public education system with a team that competes in
163     an interscholastic athletic activity is responsible for the enforcement of this part in relation to
164     the LEA's or school's teams.
165          Section 6. Repeal.
166          H.B. 11, Laws of Utah 2022, Chapter 478 is repealed.
167          Section 7. Appropriation.
168          The following sums of money are appropriated for the fiscal year beginning July 1,
169     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
170     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
171     Act, the Legislature appropriates the following sums of money from the funds or accounts
172     indicated for the use and support of the government of the state of Utah.
173     ITEM 1
174          To Attorney General - Attorney General
175               From General Fund, One-time

176               Schedule of Programs:
177                    Civil                         500,000
178          The Legislature intends that appropriations provided under this section be used for the
179     purposes described in Section 53G-6-1105. Under Section 63J-1-603, appropriations provided
180     under this section do not lapse at the close of fiscal year 2023. The use of any nonlapsing funds
181     is limited to the indemnification described in Section 53G-6-904.

182          Section 8. Effective date.
183          This bill takes effect on July 1, 2022.