1
2
3
4
5
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 [
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) [
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 [
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 [
52 (i) arise as a result of this part; and
53 [
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 [
67
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 [
71 a condition of the registration process for an athletic team, event, or category.
72 (2) (a) [
73 not a United States citizen and who is unable to provide a birth certificate [
74
75 the student's:
76 [
77 [
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) [
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 [
106
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.".