Text of UT HB 11 (2022)

H.B. 11 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M.E. Curtis 6 6 12-13-21 10:23 AM 6 H.B. 11 1 STUDENT ATHLETICS PARTICIPATION 2 2022 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Kera Birkeland 5 Senate Sponsor: Curtis S. Bramble 6 7 LONG TITLE 8 Committee Note: 9 The Health and Human Services Interim Committee recommended this bill. 10 Legislative Vote: 13 voting for 3 voting against 2 absent 11 General Description: 12 This bill addresses student athlete participation in gender-designated sports in the 13 public education system. 14 Highlighted Provisions: 15 This bill: 16 < defines terms; 17 < conditions student athlete participation in gender-designated sports in the public 18 education system on the student's birth certificate; 19 < imposes a hormone treatment requirement for a student athlete whose birth 20 certificate is amended to reflect a male-to-female transition; 21 < requires a female student on testosterone therapy for a female-to-male transition to 22 participate in male-designated sports; 23 < allows a female student to participate in male-designated sports when a 24 female-designated equivalent is not available; and 25 < provides for severability. 26 Money Appropriated in this Bill: 27 None *HB0011* H.B. 11 12-13-21 10:23 AM - 2 - 28 Other Special Clauses: 29 None 30 Utah Code Sections Affected: 31 ENACTS: 32 53G-6-901, Utah Code Annotated 1953 33 53G-6-902, Utah Code Annotated 1953 34 53G-6-903, Utah Code Annotated 1953 35 36 Be it enacted by the Legislature of the state of Utah: 37 Section 1. Section 53G-6-901 is enacted to read: 38 53G-6-901. Definitions. 39 As used in this part: 40 (1) "Female-designated" means that an interscholastic activity is designated specifically 41 for female students. 42 (2) "Female student" means a student with a sex designation of female on the student's 43 birth certificate. 44 (3) "Gender-designated" means female-designated or male-designated. 45 (4) "Interscholastic athletic activity" means an athletic activity in which a student 46 represents the student's school in the activity in competition against another school. 47 (5) "Male-designated" means that an interscholastic activity is designated specifically 48 for male students. 49 (6) "Male student" means a student with a sex designation of male on the student's 50 birth certificate. 51 (7) "Student" means a student who is enrolled in grade 9 through 12. 52 Section 2. Section 53G-6-902 is enacted to read: 53 53G-6-902. Participation in school sports. 54 (1) Notwithstanding any state board rule or policy of an athletic association or 55 organization, and except as provided in Subsections (2) and (3): 56 (a) a student may compete in a gender-designated interscholastic athletic activity that 57 matches the sex designation on the student's current birth certificate; and 58 (b) a student may not compete in a gender-designated interscholastic athletic activity 12-13-21 10:23 AM H.B. 11 - 3 - 59 that does not match the sex designation on the student's current birth certificate. 60 (2) (a) (i) A student who amends the sex designation on the student's birth certificate 61 under Section 26-2-11 from male to female may not participate in a female-designated 62 interscholastic athletic activity using the amended birth certificate until the student has 63 completed one year of hormone treatment related to the gender transition. 64 (ii) The one-year requirement described in Subsection (2)(a)(i) may be satisfied 65 regardless of whether the year of therapy began before receiving or in order to receive the 66 amended birth certificate described in Subsection (2)(a)(i). 67 (b) A female student who is on testosterone therapy as part of a transition from female 68 to male: 69 (i) may not compete in a female-designated interscholastic athletic activity; and 70 (ii) may compete in a male-designated interscholastic athletic activity. 71 (3) A female student may compete in a male-designated interscholastic athletic activity 72 if there is no female-designated interscholastic athletic activity in the same sport at the student's 73 school. 74 Section 3. Section 53G-6-903 is enacted to read: 75 53G-6-903. Severability. 76 (1) If any provision of this part or the application of any provision of this part to any 77 person or circumstance is held invalid by a final decision of a court of competent jurisdiction, 78 the remainder of this part shall be given effect without the invalidated provision or application. 79 (2) The provisions of this part are severable.

Enrolled Copy H.B. 11 1 STUDENT ELIGIBILITY IN INTERSCHOLASTIC ACTIVITIES 2 2022 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Kera Birkeland 5 Senate Sponsor: Curtis S. Bramble 6 Cosponsors: 7 Cheryl K. Acton 8 Melissa G. Ballard 9 Marsha Judkins Karianne Lisonbee Candice B. Pierucci Susan Pulsipher Judy Weeks Rohner Christine F. Watkins 10 11 LONG TITLE 12 General Description: 13 This bill addresses student athlete participation in gender-designated sports in the 14 public education system. 15 Highlighted Provisions: 16 This bill: 17 < defines terms; 18 < imposes limits on participation in female sports, by: 19 C requiring schools and local education agencies to designate athletic activities by 20 sex; 21 C prohibiting a student of the male sex from competing against another school on 22 a team designated for female students; 23 C prohibiting certain complaints or investigations based on a school or local 24 education agency maintaining separate athletic activities for female students; 25 and 26 C providing for severability; 27 < in the alternative if a court invalidates the above policy: 28 C conditions student athlete participation in gender-designated sports in the public H.B. 11 Enrolled Copy - 2 - 29 education system on the student's birth certificate; 30 C establishes the School Activity Eligibility Commission (commission) and 31 provides the commission's membership and duties; 32 C requires the commission to establish a baseline range of students in a given 33 gender-designated interscholastic activity for a given age; 34 C provides that records of the commission related to a specific student are 35 protected; 36 C provides immunity from suit for members of the commission; 37 C allows a student to participate in a gender-designated interscholastic activity that 38 does not correspond to the sex designation on the student's birth certificate or in 39 the case of a gender transition if the student receives the commission's eligibility 40 approval; 41 C provides processes for an athletic association to notify the commission when a 42 student registers to participate in a gender-designated sport in a situation that 43 requires the commission's eligibility approval; 44 C provides processes for the commission to receive information and evidence; 45 C provides for the confidentiality of the proceedings, commission vote, eligibility 46 determination, and student's identity; and 47 C establishes a standard for the commission's considerations in rendering an 48 eligibility determination; 49 C allows for commission meetings in which the commission discusses and votes 50 on a specific student's request to be closed under the Open and Public Meetings 51 Act; 52 C provides for reasonable accommodations in school facilities related to gender 53 identity for students participating in interscholastic activities; and 54 C provides for severability; and 55 < makes technical changes. 56 Money Appropriated in this Bill: Enrolled Copy H.B. 11 - 3 - 57 None 58 Other Special Clauses: 59 This bill provides a special effective date. 60 Utah Code Sections Affected: 61 AMENDS: 62 52-4-205, as last amended by Laws of Utah 2021, Chapters 179 and 231 63 ENACTS: 64 53G-6-901, Utah Code Annotated 1953 65 53G-6-902, Utah Code Annotated 1953 66 53G-6-903, Utah Code Annotated 1953 67 53G-6-1001, Utah Code Annotated 1953 68 53G-6-1002, Utah Code Annotated 1953 69 53G-6-1003, Utah Code Annotated 1953 70 53G-6-1004, Utah Code Annotated 1953 71 53G-6-1005, Utah Code Annotated 1953 72 53G-6-1006, Utah Code Annotated 1953 73 74 Be it enacted by the Legislature of the state of Utah: 75 Section 1. Section 52-4-205 is amended to read: 76 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed 77 meetings. 78 (1) A closed meeting described under Section 52-4-204 may only be held for: 79 (a) except as provided in Subsection (3), discussion of the character, professional 80 competence, or physical or mental health of an individual; 81 (b) strategy sessions to discuss collective bargaining; 82 (c) strategy sessions to discuss pending or reasonably imminent litigation; 83 (d) strategy sessions to discuss the purchase, exchange, or lease of real property, 84 including any form of a water right or water shares, if public discussion of the transaction H.B. 11 Enrolled Copy - 4 - 85 would: 86 (i) disclose the appraisal or estimated value of the property under consideration; or 87 (ii) prevent the public body from completing the transaction on the best possible terms; 88 (e) strategy sessions to discuss the sale of real property, including any form of a water 89 right or water shares, if: 90 (i) public discussion of the transaction would: 91 (A) disclose the appraisal or estimated value of the property under consideration; or 92 (B) prevent the public body from completing the transaction on the best possible terms; 93 (ii) the public body previously gave public notice that the property would be offered for 94 sale; and 95 (iii) the terms of the sale are publicly disclosed before the public body approves the 96 sale; 97 (f) discussion regarding deployment of security personnel, devices, or systems; 98 (g) investigative proceedings regarding allegations of criminal misconduct; 99 (h) as relates to the Independent Legislative Ethics Commission, conducting business 100 relating to the receipt or review of ethics complaints; 101 (i) as relates to an ethics committee of the Legislature, a purpose permitted under 102 Subsection 52-4-204(1)(a)(iii)(C); 103 (j) as relates to the Independent Executive Branch Ethics Commission created in 104 Section 63A-14-202, conducting business relating to an ethics complaint; 105 (k) as relates to a county legislative body, discussing commercial information as 106 defined in Section 59-1-404; 107 (l) as relates to the Utah Higher Education Assistance Authority and its appointed 108 board of directors, discussing fiduciary or commercial information as defined in Section 109 53B-12-102; 110 (m) deliberations, not including any information gathering activities, of a public body 111 acting in the capacity of: 112 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code, Enrolled Copy H.B. 11 - 5 - 113 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103; 114 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a 115 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or 116 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement 117 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17, 118 Procurement Appeals Board; 119 (n) the purpose of considering information that is designated as a trade secret, as 120 defined in Section 13-24-2, if the public body's consideration of the information is necessary in 121 order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code; 122 (o) the purpose of discussing information provided to the public body during the 123 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of 124 the meeting: 125 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be 126 disclosed to a member of the public or to a participant in the procurement process; and 127 (ii) the public body needs to review or discuss the information in order to properly 128 fulfill its role and responsibilities in the procurement process; 129 (p) as relates to the governing board of a governmental nonprofit corporation, as that 130 term is defined in Section 11-13a-102, the purpose of discussing information that is designated 131 as a trade secret, as that term is defined in Section 13-24-2, if: 132 (i) public knowledge of the discussion would reasonably be expected to result in injury 133 to the owner of the trade secret; and 134 (ii) discussion of the information is necessary for the governing board to properly 135 discharge the board's duties and conduct the board's business; or 136 (q) a purpose for which a meeting is required to be closed under Subsection (2). 137 (2) The following meetings shall be closed: 138 (a) a meeting of the Health and Human Services Interim Committee to review a report 139 described in Subsection 62A-16-301(1)(a), and the responses to the report described in 140 Subsections 62A-16-301(2) and (4); H.B. 11 Enrolled Copy - 6 - 141 (b) a meeting of the Child Welfare Legislative Oversight Panel to: 142 (i) review a report described in Subsection 62A-16-301(1)(a), and the responses to the 143 report described in Subsections 62A-16-301(2) and (4); or 144 (ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5); 145 (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in 146 Section 26-7-13, to review and discuss an individual case, as described in Subsection 147 26-7-13(10); 148 (d) a meeting of a conservation district as defined in Section 17D-3-102 for the 149 purpose of advising the Natural Resource Conservation Service of the United States 150 Department of Agriculture on a farm improvement project if the discussed information is 151 protected information under federal law; 152 (e) a meeting of the Compassionate Use Board established in Section 26-61a-105 for 153 the purpose of reviewing petitions for a medical cannabis card in accordance with Section 154 26-61a-105; [and] 155 (f) a meeting of the Colorado River Authority of Utah if: 156 (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in 157 the Colorado River system; and 158 (ii) failing to close the meeting would: 159 (A) reveal the contents of a record classified as protected under Subsection 160 63G-2-305(82); 161 (B) reveal a legal strategy relating to the state's claim to the use of the water in the 162 Colorado River system; 163 (C) harm the ability of the Colorado River Authority of Utah or river commissioner to 164 negotiate the best terms and conditions regarding the use of water in the Colorado River 165 system; or 166 (D) give an advantage to another state or to the federal government in negotiations 167 regarding the use of water in the Colorado River system[.]; and 168 (g) a meeting of the School Activity Eligibility Commission, described in Section Enrolled Copy H.B. 11 - 7 - 169 53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to 170 consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's 171 eligibility to participate in an interscholastic activity, as that term is defined in Section 172 53G-6-1001, including the commission's determinative vote on the student's eligibility. 173 (3) In a closed meeting, a public body may not: 174 (a) interview a person applying to fill an elected position; 175 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A, 176 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office; 177 or 178 (c) discuss the character, professional competence, or physical or mental health of the 179 person whose name was submitted for consideration to fill a midterm vacancy or temporary 180 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and 181 Temporary Absence in Elected Office. 182 Section 2. Section 53G-6-901 is enacted to read: 183 Part 9. Participation in Female Sports 184 53G-6-901. Definitions. 185 As used in this part: 186 (1) "Coed" or "mixed" means that a team is composed of members of both sexes who 187 traditionally compete together. 188 (2) "Interscholastic athletic activity" means that a student represents the student's 189 school or LEA in competition against another school or LEA in an athletic or sporting activity. 190 (3) "Sex" means the biological, physical condition of being male or female, determined 191 by an individual's genetics and anatomy at birth. 192 Section 3. Section 53G-6-902 is enacted to read: 193 53G-6-902. Participation in school athletic activities. 194 (1) Notwithstanding any state board rule: 195 (a) a public school or LEA, or a private school that competes against a public school or 196 LEA, shall expressly designate school athletic activities and teams as one of the following, H.B. 11 Enrolled Copy - 8 - 197 based on sex: 198 (i) designated for students of the male sex; 199 (ii) designated for students of the female sex; or 200 (iii) "coed" or "mixed"; 201 (b) a student of the male sex may not compete, and a public school or LEA may not 202 allow a student of the male sex to compete, with a team designated for students of the female 203 sex in an interscholastic athletic activity; and 204 (c) a government entity or licensing or accrediting organization may not entertain a 205 complaint, open an investigation, or take any other adverse action against a school or LEA 206 described in Subsection (1)(a) for maintaining separate school athletic activities for students of 207 the female sex. 208 (2) Nothing in this section prohibits an LEA or school from allowing a student of either 209 gender from participating with a team designated for students of the female sex, consistent with 210 school policy, outside of competition in an interscholastic athletic activity, in accordance with 211 Subsection (1)(b). 212 Section 4. Section 53G-6-903 is enacted to read: 213 53G-6-903. Severability. 214 (1) If any provision of this part or the application of any provision of this part to any 215 person or circumstance is held invalid by a final decision of a court of competent jurisdiction, 216 the remainder of this part shall be given effect without the invalidated provision or application. 217 (2) The provisions of this part are severable. 218 Section 5. Section 53G-6-1001 is enacted to read: 219 Part 10. Student Eligibility in Interscholastic Activities 220 53G-6-1001. Definitions. 221 As used in this part: 222 (1) "Athletic association" means an association, as that term is defined in Section 223 53G-7-1101. 224 (2) "Commission" means the School Activity Eligibility Commission created in Enrolled Copy H.B. 11 - 9 - 225 Section 53G-6-1003. 226 (3) "Female-designated" means that an interscholastic activity is designated specifically 227 for female students. 228 (4) "Gender-designated" means that an interscholastic activity or facility is designated 229 specifically for female or male students. 230 (5) "Gender identity" means the same as that term is defined in Section 34A-5-102. 231 (6) "Interscholastic activity" means an activity in which a student represents the 232 student's school in the activity in competition against another school. 233 (7) "Male-designated" means that an interscholastic activity is designated specifically 234 for male students. 235 (8) "Student" means a student who is enrolled in a public school that participates in 236 interscholastic activities. 237 Section 6. Section 53G-6-1002 is enacted to read: 238 53G-6-1002. Effect contingent on court ruling. 239 This part becomes effective if a court of competent jurisdiction invalidates or enjoins 240 Title 53G, Chapter 6, Part 9, Participation in Female Sports. 241 Section 7. Section 53G-6-1003 is enacted to read: 242 53G-6-1003. School Activity Eligibility Commission -- Baseline range. 243 (1) There is created the School Activity Eligibility Commission. 244 (2) (a) The commission shall consist of the following members: 245 (i) the following two members whom the president of the Senate appoints: 246 (A) a mental health professional; and 247 (B) a statistician with expertise in the analysis of medical data; 248 (ii) the following two members whom the speaker of the House of Representatives 249 appoints: 250 (A) a board-certified physician with expertise in gender identity healthcare; and 251 (B) a sports physiologist; 252 (iii) the following two members whom the governor appoints: H.B. 11 Enrolled Copy - 10 - 253 (A) a representative of an athletic association; and 254 (B) an athletic trainer who serves student athletes on the collegiate level; and 255 (iv) one ad hoc member, serving on a case-by-case basis, who is: 256 (A) appointed by the athletic association in which the relevant student's school 257 competes; and 258 (B) a certified high school coach or official who coaches or officiates in a separate 259 region or classification from the relevant student's school and in the sport in which the relevant 260 student seeks eligibility. 261 (b) An athletic association may prepare and communicate the association's 262 sport-specific appointments described in Subsection (2)(a)(iv) in preparation for student 263 requests in a given sport. 264 (3) (a) A member of the commission described in Subsections (2)(a)(i) through (iii) 265 shall serve an initial term of one year, subject to reappointment for subsequent terms of two 266 years. 267 (b) If a vacancy occurs in the membership of the commission, the individual 268 responsible for the appointment of the vacant seat as described in Subsection (2) shall fill the 269 vacancy in the same manner as the original appointment. 270 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), all members of the commission 271 constitute a quorum of the commission for a meeting to determine the eligibility of a student. 272 (ii) All members of the commission described in Subsections (2)(a)(i) through (iii) 273 constitute a quorum for any meeting other than the meeting described in Subsection (4)(a)(i). 274 (b) An action of a majority of a quorum constitutes an action of the commission. 275 (5) A majority of the commission members described in Subsections (2)(a)(i) through 276 (iii) shall elect a chair from among the members described in Subsections (2)(a)(i) through (iii) 277 to: 278 (a) schedule meetings of the commission; 279 (b) set the agenda of commission meetings; and 280 (c) facilitate discussion among the commission's members. Enrolled Copy H.B. 11 - 11 - 281 (6) A commission member: 282 (a) may not receive compensation or benefits for the member's service on the 283 commission; and 284 (b) may receive per diem and reimbursement for travel expenses that the commission 285 member incurs as a commission member at the rates that the Division of Finance establishes 286 under: 287 (i) Sections 63A-3-106 and 63A-3-107; and 288 (ii) rules that the Division of Finance makes under Sections 63A-3-106 and 63A-3-107. 289 (7) The commission may enter into an agreement with an athletic association to 290 provide staff support to the commission. 291 (8) (a) The commission shall establish a baseline range of physical characteristics for 292 students participating in a specific gender-designated activity at a specific age to provide the 293 context for the evaluation of an individual student's eligibility for a given gender-designated 294 interscholastic activity under Section 53G-6-1004. 295 (b) In creating the baseline ranges described in Subsection (8)(a), the commission shall 296 include the physical characteristics for the age and gender group in a given gender-designated 297 interscholastic activity that are relevant to the specific interscholastic activity. 298 (c) The physical characteristics described in Subsection (8)(b) may include height, 299 weight, physical characteristics relevant to the application of the standard described in 300 Subsection 53G-6-1004(3), or the extent of physical characteristics affected by puberty, giving 301 consideration to the practicability of considering the physical characteristic when making an 302 assessment of an individual student's eligibility under Section 53G-6-1004. 303 (9) Any record of the commission, including any communication between an athletic 304 association and the commission, that relates to a specific student shall be classified as a 305 protected record under Title 63G, Chapter 2, Government Records Access and Management 306 Act. 307 (10) Members of the commission are immune from suit with respect to all acts done 308 and actions taken in good faith in carrying out the purposes of this part. H.B. 11 Enrolled Copy - 12 - 309 (11) The commission has no authority in relation to eligibility questions other than 310 participation in a gender-designated interscholastic activity under this part. 311 Section 8. Section 53G-6-1004 is enacted to read: 312 53G-6-1004. Eligibility for interscholastic activities. 313 (1) (a) Notwithstanding any state board rule or policy of an athletic association, and 314 except as provided in Subsections (1)(b) and (c): 315 (i) once a student has obtained the eligibility approval of the commission under 316 Subsection (2), the student may participate in a gender-designated interscholastic activity that 317 does not correspond with the sex designation on the student's birth certificate; and 318 (ii) if a student does not obtain the eligibility approval of the commission under 319 Subsection (2), the student may not participate in a gender-designated interscholastic activity 320 that does not correspond with the sex designation on the student's birth certificate. 321 (b) A student who has undergone or is undergoing a gender transition shall obtain the 322 eligibility approval of the commission under Subsection (2) to participate in a 323 gender-designated interscholastic activity that corresponds with the student's gender identity. 324 (c) Nothing in this subsection prohibits a student from participating in a 325 gender-designated interscholastic activity in accordance with 34 C.F.R. Sec. 106.41(b). 326 (2) (a) When a student registers with an athletic association to participate in a 327 gender-designated interscholastic activity: 328 (i) a student who has undergone or is undergoing a gender transition shall notify the 329 athletic association of the student's transition and the need for the commission's eligibility 330 approval as described in Subsection (1)(b); 331 (ii) the athletic association shall notify the commission of: 332 (A) a student for whom an eligibility determination of the commission is required due 333 to the sex designation on the student's birth certificate not corresponding with the gender 334 designation of the gender-designated interscholastic activity in which the student seeks to 335 participate or the student's notice of a gender transition under Subsection (1)(a)(ii); and 336 (B) the association's ad hoc appointment to the commission described in Subsection Enrolled Copy H.B. 11 - 13 - 337 53G-6-1003(2)(a)(iv); and 338 (iii) the commission shall notify the student described in Subsection (2)(a) regarding 339 the process for determining the student's eligibility for the activity under this section. 340 (b) The commission shall: 341 (i) schedule a closed meeting to consider a student's eligibility to be held within 30 342 days after the day on which the commission receives the notification described in Subsection 343 (2)(a); and 344 (ii) notify the relevant athletic association and the student's parents or legal guardians 345 of the scheduled meeting. 346 (c) Before the meeting described in Subsection (2)(b): 347 (i) the student for whom the commission has scheduled the meeting or the student's 348 parent or guardian is not required but may submit to the commission any information the 349 student wishes to disclose to the commission that may be relevant to the commission's 350 eligibility determination, including information regarding: 351 (A) the gender-designated interscholastic activities for which the student seeks 352 eligibility; 353 (B) the gender-designated interscholastic activities in which the student has previously 354 participated; and 355 (C) the student's physical characteristics or medical treatments that support the 356 student's eligibility for the specific gender-designated interscholastic activity; 357 (ii) the commission may request additional evidence from the student that is: 358 (A) limited to the extent possible to protect the student's privacy; and 359 (B) only directly relevant to the commission's eligibility determination; and 360 (iii) the commission may offer the student a voucher to cover the cost of a diagnostic 361 assessment if the commission makes a request for medical information under Subsection 362 (2)(c)(ii) for which the student's insurance does not provide coverage or reimbursement for the 363 diagnostic that: 364 (A) would provide the requested information; and H.B. 11 Enrolled Copy - 14 - 365 (B) is not free or otherwise readily available to the student. 366 (d) During the meeting described in Subsection (2)(b): 367 (i) only the following individuals may be present or participate electronically: 368 (A) the student for whom the commission is meeting to make an eligibility 369 determination; 370 (B) the student's parents or guardians; 371 (C) the members and necessary staff of the commission; and 372 (D) any medical professionals or other witnesses the student chooses to include to 373 support the student's eligibility; 374 (ii) attendees may participate in person or electronically; and 375 (iii) the commission shall: 376 (A) hear the information that supports the student's eligibility; 377 (B) deliberate the facts relevant to the student's physical characteristics and eligibility 378 in camera or otherwise after temporarily excusing from the meeting the student, the student's 379 parents or legal guardians, and any medical professionals or other witnesses whom the student 380 includes; and 381 (C) render the commission's eligibility determination in accordance with Subsection 382 (3) or request additional information and schedule an additional commission meeting to be held 383 within 30 days of the meeting and in accordance with this Subsection (2)(d) to discuss the 384 additional information and render the commission's eligibility determination. 385 (3) In making an eligibility determination, the commission, after considering whether 386 the student's assertion of a gender identity is consistent with the statutory definition of gender 387 identity as that term is defined in Section 34A-5-102, including the implications for the 388 student's mental health of participating in the gender-designated interscholastic activity, shall: 389 (a) make a determination regarding whether, when measured against the relevant 390 baseline range described in Subsection 53G-6-1003(8), granting the student's eligibility would: 391 (i) present a substantial safety risk to the student or others that is significantly greater 392 than the inherent risks of the given activity; or Enrolled Copy H.B. 11 - 15 - 393 (ii) likely give the student a material competitive advantage when compared to students 394 of the same age competing in the relevant gender-designated activity, including consideration 395 of the student's previous history of participation in gender-designated interscholastic activities; 396 and 397 (b) record the commission's decision and rationale in writing and provide the written 398 decision to the student within 30 days after the day on which the commission renders an 399 eligibility decision under Subsection (3)(a) in a meeting described in Subsection (2)(b). 400 (4) (a) Notwithstanding any other provision of law and except as provided in 401 Subsections (3)(b) and (4)(b), the commission may not disclose: 402 (i) the name of a student whose eligibility the commission will consider, is considering, 403 or has considered; or 404 (ii) the commission's determination regarding a student's eligibility. 405 (b) The commission shall disclose the commission's determination of a student's 406 eligibility for a given gender-designated interscholastic activity to the relevant athletic 407 association, only for the purpose of confirming whether the student is eligible for the 408 interscholastic activity. 409 (c) (i) Notwithstanding any other provision of law, an athletic association may not 410 disclose the information described in Subsections (4)(a)(i) and (ii). 411 (ii) Nothing in this Subsection (4) prohibits an athletic association from affirming that 412 a student is eligible if the eligibility of a student is questioned. 413 Section 9. Section 53G-6-1005 is enacted to read: 414 53G-6-1005. Reasonable accommodations. 415 Nothing in this part prohibits an athletic association, LEA, or school from adopting 416 reasonable safety and privacy rules and policies that designate facilities, including restrooms, 417 shower facilities, and dressing facilities, provided that the rules and policies described in this 418 section afford reasonable accommodations based on gender identity to all students. 419 Section 10. Section 53G-6-1006 is enacted to read: 420 53G-6-1006. Severability. H.B. 11 Enrolled Copy - 16 - 421 (1) If any provision of this part or the application of any provision of this part to any 422 person or circumstance is held invalid by a final decision of a court of competent jurisdiction, 423 the remainder of this part shall be given effect without the invalidated provision or application. 424 (2) The provisions of this part are severable. 425 Section 11. Effective date. 426 This bill takes effect on July 1, 2022.