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8 LONG TITLE
9 General Description:
10 This bill amends required budgetary reporting and the member of an appeal panel for an
11 athletic association.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires certain reports be made to the Public Education Appropriations
15 Subcommittee;
16 ▸ amends the requirements of certain reports;
17 ▸ expands the allowable reasons for an appeal;
18 ▸ amend the membership of an appeal panel for an athletic association; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53G-7-1101, as last amended by Laws of Utah 2019, Chapter 293
27 53G-7-1102, as last amended by Laws of Utah 2023, Chapter 340 and last amended by
28 Coordination Clause, Laws of Utah 2023, Chapter 493
29 53G-7-1104, as last amended by Laws of Utah 2019, Chapter 293
30 53G-7-1105, as last amended by Laws of Utah 2021, Chapters 84, 345
31 53G-7-1106, as last amended by Laws of Utah 2019, Chapter 293
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53G-7-1101 is amended to read:
35 53G-7-1101. Definitions.
36 As used in this part:
37 (1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of
38 assigning a public school a classification or region.
39 (2) "Appeals panel" means the appeals panel created in Section 53G-7-1106.
40 (3) (a) "Association" means an organization that governs or regulates a student's
41 participation in an [
42 (b) "Association" does not include an institution of higher education described in
43 Section 53B-1-102.
44 (4) "Classification" means the designation of a school based on the size of the school's
45 student enrollment population for purposes of interscholastic activities.
46 (5) "Eligibility" means eligibility to participate in an interscholastic activity regulated
47 or governed by an association.
48 (6) "Governing body" means a body within an association that:
49 (a) is responsible for:
50 (i) adopting standards or policies that govern interscholastic activities or the
51 administration of the association;
52 (ii) adopting or amending the association's governing document or bylaws;
53 (iii) enforcing the standards and policies of the association; and
54 (iv) adopting the association's budget; and
55 (b) has oversight of other boards, committees, councils, or bodies within the
56 association.
57 (7) "Interscholastic activity" means an activity within the state in which:
58 (a) a student that participates represents the student's school in the activity; and
59 (b) the participating student is enrolled in grade 9, 10, 11, or 12.
60 (8) "Public hearing" means a hearing at which members of the public are provided a
61 reasonable opportunity to comment on the subject of the hearing.
62 (9) "Region" means a grouping of schools of the same classification for purposes of
63 interscholastic activities.
64 Section 2. Section 53G-7-1102 is amended to read:
65 53G-7-1102. Public schools prohibited from membership.
66 (1) A public school may not be a member of or pay dues to an association that:
67 (a) [
68 at least equivalent to:
69 (i) this part;
70 (ii) Title 52, Chapter 4, Open and Public Meetings Act;
71 (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and
72 (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
73 (b) does not collect each student's birth certificate and birth certificate amendment
74 history, as that term is defined in Section 53G-6-1001, or equivalent documentation, as
75 described in Subsection (2), to determine eligibility as a condition of the association's
76 registration process for an athletic team, event, or category; or
77 (c) does not require a student to provide the athlete's date of birth and sex as a
78 condition of the registration process for an athletic team, event, or category.
79 (2) Except as provided in Subsection (3), for a student who is homeless or not a United
80 States citizen and who is unable to provide a birth certificate and birth certificate amendment
81 history, the association may collect the student's:
82 (a) state-issued identification document, including a driver's license or passport; or
83 (b) federally recognized identification document, including a document that the
84 Department of Homeland Security issues.
85 (3) Subsection (1)(b) or (2) do not apply to an association for a student who is a
86 homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42
87 U.S.C. Sec. 11431 et seq.
88 (4) Nothing in this section limits or impairs an LEA's requirement to verify a student's
89 initial review of eligibility to participate in an athletic team, event, or category under applicable
90 state or federal law or state board rule, including the student's:
91 (a) residency status;
92 (b) age;
93 (c) sex, verified by the student's birth certificate and birth certificate amendment
94 history as that term is defined in Section 53G-6-1001;
95 (d) academic requirements; or
96 (e) school enrollment capacity.
97 (5) Unless otherwise specified, an association's compliance with or an association
98 employee or officer's compliance with the provisions described in Subsection (1) does not alter:
99 (a) the association's public or private status; or
100 (b) the public or private employment status of the employee or officer.
101 Section 3. Section 53G-7-1104 is amended to read:
102 53G-7-1104. Reporting requirements.
103 (1) An association shall provide [
104 annually to the state board[
105 Subcommittee detailing:
106 [
107 [
108 [
109 [
110 bylaws; and
111 [
112 Section 4. Section 53G-7-1105 is amended to read:
113 53G-7-1105. Association budgets.
114 (1) An association shall:
115 (a) adopt a budget in accordance with this section; and
116 (b) use uniform budgeting, accounting, and auditing procedures and forms, which shall
117 be in accordance with generally accepted accounting principles or auditing standards.
118 (2) An association budget officer or executive director shall annually prepare a
119 tentative budget, with supporting documentation, to be submitted to the governing body.
120 (3) The tentative budget and supporting documents shall include the following items:
121 (a) the revenues [
122 (b) an itemized list of expenditures of the preceding fiscal year;
123 [
124 [
125 succeeding fiscal year; and
126 [
127 current fiscal year.
128 (4) The tentative budget shall be filed with the governing body 15 days, or earlier,
129 before the date of the tentative budget's proposed adoption by the governing body.
130 (5) The governing body shall adopt a budget.
131 (6) Before the adoption or amendment of a budget, the governing body shall hold a
132 public hearing on the proposed budget or budget amendment.
133 (7) (a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings
134 Act, in regards to the public hearing described in Subsection (6), at least 10 days before the
135 public hearing, a governing body shall:
136 (i) publish a notice of the public hearing electronically in accordance with Section
137 63A-16-601; and
138 (ii) post the proposed budget on the association's Internet website.
139 (b) A notice of a public hearing on an association's proposed budget shall include
140 information on how the public may access the proposed budget as provided in Subsection
141 (7)(a).
142 (8) No later than September 30 of each year, the governing body shall file a copy of the
143 adopted budget with:
144 (a) the state auditor [
145 (b) the state board[
146 (c) the Public Education Appropriations Subcommittee.
147 Section 5. Section 53G-7-1106 is amended to read:
148 53G-7-1106. Procedures for disputes -- Appeals -- Appeals panel --
149 Compensation.
150 (1) (a) An association shall establish a uniform procedure for hearing and deciding:
151 (i) disputes;
152 (ii) allegations of violations of the association's rules or policies;
153 (iii) requests to establish eligibility after a student transfers schools; and
154 (iv) disputes related to alignment or realignment.
155 (b) An individual or public school may appeal to an appeals panel established in this
156 section an association decision regarding:
157 (i) a request to establish eligibility after a student transfers schools[
158 (ii) disputes or allegations of violations of the association's rules of policies.
159 (2) (a) There is established an appeals panel for an association decision described in
160 Subsection (1)(b).
161 (b) (i) [
162 of the following three members:
163 [
164 [
165 [
166 (ii) If an appeal is regarding the outcome of post-season competition, the appeals panel
167 shall consist of the members described in Subsection (2)(b)(i) and:
168 (A) one member of the Senate, whom the president of the Senate appoints; and
169 (B) one member of the House of Representatives, whom the speaker of the House of
170 Representatives appoints.
171 (c) A review and decision by the appeals panel is limited to whether the association
172 properly followed the association's rules and procedures in regard to a decision described in
173 Subsection (1)(b).
174 (d) (i) An association shall adopt policies for filing an appeal with the appeals panel.
175 (ii) The appeals panel shall review an appeal and issue a written decision explaining
176 the appeals panel's decision no later than 10 business days after an appeal is filed.
177 (e) The appeals panel's decision is final.
178 (3) (a) The state board shall appoint the members of the appeals panel described in
179 Subsection (2)(b)(i):
180 (i) from the association's nominations described in Subsection (3)(b); and
181 (ii) in accordance with the state board's appointment process.
182 (b) (i) The association shall nominate up to three individuals for each position
183 described in Subsection (2)(b)(i) for the state board's consideration.
184 (ii) If the state board refuses to appoint members to the panel who were nominated by
185 the association as described in Subsection (3)(b)(i), the state board shall request additional
186 nominations from the association.
187 (iii) No later than 45 days after the association provides the nominations, the state
188 board shall appoint to the appeals panel an individual from the names provided by the
189 association.
190 (c) For the initial membership, the state board shall appoint two of the positions having
191 an initial term of three years and one position having an initial term of two years.
192 [
193 members expire, the [
194 reappointed member to a two-year term.
195 [
196 shall be appointed for the unexpired term.
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198 expenses of members of the appeals panel described in Subsection (2)(b)(i).
199 (7) The salary and expenses of an appeals panel member who is a legislator shall be
200 paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3,
201 Legislator Compensation.
202 Section 6. Effective date.
203 This bill takes effect on May 1, 2024.