Text of UT HB 172 (2024)

H.B. 172 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: R. Bailey 6 6 01-05-24 10:00 AM 6 H.B. 172 1 IMMIGRANT STUDENT ATHLETE PARTICIPATION 2 AMENDMENTS 3 2024 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Jordan D. Teuscher 6 Senate Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill provides that an athletic association may collect other certain documentation 11 for a student that is homeless or not a United States citizen that confirms the student's 12 date of birth and sex. 13 Highlighted Provisions: 14 This bill: 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 Utah Code Sections Affected: 24 AMENDS: 25 53G-7-1102, as last amended by Laws of Utah 2023, Chapter 340 and last amended by 26 Coordination Clause, Laws of Utah 2023, Chapter 493 27 *HB0172* H.B. 172 01-05-24 10:00 AM - 2 - 28 Be it enacted by the Legislature of the state of Utah: 29 Section 1. Section 53G-7-1102 is amended to read: 30 53G-7-1102. Public schools prohibited from membership. 31 (1) A public school may not be a member of or pay dues to an association that: 32 (a) is not in compliance with: 33 (i) this part; 34 (ii) Title 52, Chapter 4, Open and Public Meetings Act; 35 (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and 36 (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; 37 (b) does not collect each student's birth certificate [and birth certificate amendment 38 history], as that term is defined in Section 53G-6-1001, or equivalent documentation, as 39 described in Subsection (2), to determine eligibility as a condition of the association's 40 registration process for an athletic team, event, or category; or 41 (c) does not require a student to provide the [athlete's] student's date of birth and sex as 42 a condition of the registration process for an athletic team, event, or category. 43 (2) Except as provided in Subsection (3), for a student who is homeless or not a United 44 States citizen and who is unable to provide a birth certificate [and birth certificate amendment 45 history], as that term is defined in Section 53G-6-1001, the association may collect the 46 student's: 47 (a) state-issued identification document, including a driver's license or passport; [or] 48 (b) federally recognized identification document, including a document that the 49 Department of Homeland Security issues[.]; or 50 (c) other reliable proof of the student's date of birth and sex, including: 51 (i) an affidavit from the student's parent or legal guardian attesting to the student's date 52 of birth and sex; 53 (ii) a religious, hospital, or physician certificate; 54 (iii) verified school records; 55 (iv) verified immunization records; or 56 (v) documentation from a social service provider. 57 (3) Subsection (1)(b) or (2) do not apply to an association for a student who is a 58 homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42 01-05-24 10:00 AM H.B. 172 - 3 - 59 U.S.C. Sec. 11431 et seq. 60 (4) Nothing in this section limits or impairs an LEA's requirement to verify a student's 61 initial review of eligibility to participate in an athletic team, event, or category under applicable 62 state or federal law or state board rule, including the student's: 63 (a) residency status; 64 (b) age; 65 (c) sex, verified by the student's birth certificate [and birth certificate amendment 66 history], as that term is defined in Section 53G-6-1001; 67 (d) academic requirements; or 68 (e) school enrollment capacity. 69 (5) Unless otherwise specified, an association's compliance with or an association 70 employee or officer's compliance with the provisions described in Subsection (1) does not alter: 71 (a) the association's public or private status; or 72 (b) the public or private employment status of the employee or officer. 73 Section 2. Effective date. 74 If approved by two-thirds of all the members elected to each house, this bill takes effect 75 upon approval by the governor, or the day following the constitutional time limit of Utah 76 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, 77 the date of veto override.

Enrolled Copy H.B. 172 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 H.B. 172 Enrolled Copy - 2 - 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. Enrolled Copy H.B. 172 - 3 - 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 H.B. 172 Enrolled Copy - 4 - 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. Enrolled Copy H.B. 172 - 5 - 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.".