1     
STUDENT ATHLETE PARTICIPATION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to student athletes within the public education
10     system.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends indemnification provisions to clarify the intent of state indemnification in
14     public education athletics;
15          ▸     provides that an athletic association may collect documentation for a student that is
16     homeless or not a United States citizen that confirms the student's date of birth and
17     sex; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23          This bill provides a coordination clause.
24     Utah Code Sections Affected:
25     AMENDS:
26          53G-6-904, as enacted by Laws of Utah 2022, Third Special Session, Chapter 1
27          53G-6-1007, as enacted by Laws of Utah 2022, Third Special Session, Chapter 1
28          53G-7-1102, as last amended by Laws of Utah 2023, Chapter 340 and last amended by
29     Coordination Clause, Laws of Utah 2023, Chapter 493
30     Utah Code Sections Affected by Coordination Clause:
31          63G-31-201, Utah Code Annotated 1953
32          63G-31-402, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53G-6-904 is amended to read:
36          53G-6-904. Indemnification -- Enforcement.
37          (1) The [state shall defend, indemnify,] attorney general shall defend and the state shall
38     indemnify and hold harmless a person acting under color of state law to enforce this part for
39     any claims or damages, including court costs and attorney fees, that:
40          (a) [are brought or incurred] arise as a result of this part; and
41          (b) are not covered by the person's insurance policies or by any coverage agreement
42     issued by the State Risk Management Fund.
43          (2) An LEA or school within the public education system with a team that competes in
44     an interscholastic athletic activity is responsible for the enforcement of this part in relation to
45     the LEA's or school's teams.
46          Section 2. Section 53G-6-1007 is amended to read:
47          53G-6-1007. Indemnification -- Enforcement.
48          (1) (a) The [state shall defend, indemnify,] attorney general shall defend and the state
49     shall indemnify and hold harmless a person acting under color of state law to enforce this part
50     for any claims or damages, including court costs and attorney fees, that:
51          [(a) are brought or incurred]
52          (i) arise as a result of this part; and
53          [(b)] (ii) are not covered by the person's insurance policies or by any coverage
54     agreement issued by the State Risk Management Fund.
55          (2) An LEA or school within the public education system with a team that competes in
56     an interscholastic athletic activity is responsible for the enforcement of this part in relation to
57     the LEA's or school's teams.
58          Section 3. Section 53G-7-1102 is amended to read:
59          53G-7-1102. Public schools prohibited from membership.
60          (1) A public school may not be a member of or pay dues to an association that:
61          (a) is not in compliance with:
62          (i) this part;
63          (ii) Title 52, Chapter 4, Open and Public Meetings Act;
64          (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
65          (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
66          (b) does not collect each student's birth certificate [and birth certificate amendment
67     history], as that term is defined in Section 53G-6-1001, or subject to Subsection (3), equivalent
68     documentation, as described in Subsection (2)(a), to determine eligibility as a condition of the
69     association's registration process for an athletic team, event, or category; or
70          (c) does not require a student to provide the [athlete's] student's date of birth and sex as
71     a condition of the registration process for an athletic team, event, or category.
72          (2) (a) [Except as provided in Subsection (3), for] For a student who is [homeless or]
73     not a United States citizen and who is unable to provide a birth certificate [and birth certificate
74     amendment history], as that term is defined in Section 53G-6-1001, the association may collect
75     the student's:
76          [(a)] (i) state-issued identification document, including a driver's license or passport; or
77          [(b)] (ii) federally recognized identification document, including a document that the
78     Department of Homeland Security issues.
79          (b) If a student who is not a United States citizen is unable to provide a document
80     under Subsection (2)(a), the association may collect other reliable proof of a student's date of
81     birth and sex, including:
82          (i) an affidavit from the student's parent or legal guardian attesting:
83          (A) to the student's date of birth and sex; and
84          (B) that the parent or legal guardian is unable to obtain a document described in
85     Subsection (2)(a); and
86          (ii) one of the following:
87          (A) a religious, hospital, or physician certificate;
88          (B) verified school records;
89          (C) verified immunization records; or
90          (D) documentation from a social service provider.
91          (3) (a) Subsection (1)(b) [or (2) do] does not apply to an association for a student who
92     is a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
93     U.S.C. Sec. 11431 et seq.
94          (b) For a student who is a homeless child or youth, including an unaccompanied
95     homeless child or youth, an association may collect:
96          (i) an affidavit from the student's parent or guardian, or the student if the student is an
97     unaccompanied homeless child or youth, indicating that the student does not meet the
98     necessary requirements to obtain a document described in Subsection (2)(a); and
99          (ii) a document described in Subsection (2)(b)(ii).
100          (4) Nothing in this section limits or impairs an LEA's requirement to verify a student's
101     initial review of eligibility to participate in an athletic team, event, or category under applicable
102     state or federal law or state board rule, including the student's:
103          (a) residency status;
104          (b) age;
105          (c) sex, verified by the student's birth certificate [and birth certificate amendment
106     history], as that term is defined in Section 53G-6-1001;
107          (d) academic requirements; or
108          (e) school enrollment capacity.
109          (5) Unless otherwise specified, an association's compliance with or an association
110     employee or officer's compliance with the provisions described in Subsection (1) does not alter:
111          (a) the association's public or private status; or
112          (b) the public or private employment status of the employee or officer.
113          Section 4. Effective date.
114          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
115     elected to each house, this bill takes effect upon approval by the governor, or the day following
116     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
117     signature, or in the case of a veto, the date of veto override.
118          (2) If this bill is not approved by two-thirds of all members elected to each house, this
119     bill takes effect May 1, 2024.
120          Section 5. Coordinating H.B. 172 with H.B. 257.
121          If H.B. 172, Student Athlete Participation Amendments, and H.B. 257, Sex-Based
122     Designations for Privacy, Anti-bullying, and Women's Opportunities, both pass and become
123     law, the Legislature intends that, on the effective date of H.B. 172:
124          (1) the following language be inserted as new Subsection (4) in Section 63G-31-201,
125     enacted in H.B. 257:
126          "(4) Notwithstanding Subsections (1) through (3), this chapter does not apply to:
127          (a) the School Activity Eligibility Commission created in Section 53G-6-1003; or
128          (b) in the context of a student who has obtained the eligibility approval of the
129     commission under Subsection 53G-6-1004(2) to participate in a gender-designated
130     interscholastic activity that does not correspond with the sex designation on the student's birth
131     certificate, as those terms are defined in Section 53G-6-1001."; and
132          (2) the following language replace the language enacted as Section 63G-31-402 in H.B.
133     257:
134          "The attorney general shall defend and the state shall indemnify and hold harmless a
135     government entity acting under color of state law to enforce this chapter for any claims or
136     damages, including court costs and attorney fees that:
137          (1) arise as a result of this chapter; and
138          (2) are not covered by the government entity's insurance policies or any coverage
139     agreement that the State Risk Management Fund issues.".