Text of UT HB 253 (2024)

H.B. 253 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M. Curtis 6 6 01-11-24 12:08 PM 6 H.B. 253 1 USE OF SEX-DESIGNATED FACILITIES IN PUBLIC 2 AND HIGHER EDUCATION 3 2024 GENERAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Phil Lyman 6 Senate Sponsor: ____________ 7 8 LONG TITLE 9 General Description: 10 This bill addresses individuals who may access sex-designated restrooms and changing 11 facilities in the state systems of public and higher education. 12 Highlighted Provisions: 13 This bill: 14 < defines terms; 15 < requires local education agencies (LEAs) and higher education institutions to: 16 C provide restrooms and changing facilities that are sex-designated or unisex; 17 C establish use and discipline policies regarding restroom and changing facilities 18 for students and employees; and 19 C report to the relevant State Board of Education or Utah Board of Higher 20 Education; 21 < prohibits an individual, with certain exceptions, from using a restroom or changing 22 facility of the opposite sex on the premises of an LEA or higher education 23 institution; 24 < establishes that an individual who improperly enters and refuses to depart a 25 sex-designated restroom or changing facility on the premises of an LEA or higher 26 education institution commits criminal trespass; 27 < authorizes the attorney general to bring a civil action for enforcement; *HB0253* H.B. 253 01-11-24 12:08 PM - 2 - 28 < expressly exempts certain individuals; 29 < establishes severability; and 30 < provides rulemaking authority. 31 Money Appropriated in this Bill: 32 None 33 Other Special Clauses: 34 This bill provides a special effective date. 35 Utah Code Sections Affected: 36 ENACTS: 37 53B-2-114, Utah Code Annotated 1953 38 53G-7-224, Utah Code Annotated 1953 39 40 Be it enacted by the Legislature of the state of Utah: 41 Section 1. Section 53B-2-114 is enacted to read: 42 53B-2-114. Sex-designated restrooms -- Sex-designated changing facilities. 43 (1) As used in this section: 44 (a) (i) "Changing facility" means a room in which two or more individuals may be in a 45 state of undress in the presence of others. 46 (ii) "Changing facility" includes a dressing room, fitting room, locker room, changing 47 room, or shower room. 48 (b) "Female" means a person belonging, at birth, to the biological sex which has the 49 specific reproductive role of producing eggs. 50 (c) "Male" means a person belonging, at birth, to the biological sex which has the 51 specific reproductive role of producing sperm. 52 (d) "Restroom" means a room that: 53 (i) includes one or more water closets; and 54 (ii) is not a unisex restroom. 55 (e) "Sex" means the classification of an individual as either female or male based on 56 the organization of the body of the individual for a specific reproductive role, as indicated by 57 the individual's sex chromosomes, naturally occurring sex hormones, and internal and external 58 genitalia present at birth. 01-11-24 12:08 PM H.B. 253 - 3 - 59 (f) (i) "Unisex changing facility" means a room intended for a single occupant or a 60 family in which one or more individuals may be in a state of undress. 61 (ii) "Unisex changing facility" includes a dressing room, fitting room, locker room, 62 changing room, or shower room that: 63 (A) is enclosed by floor-to-ceiling walls; and 64 (B) is only accessible by a full door with a secure lock that prevents another individual 65 from entering while the changing facility is in use. 66 (g) "Unisex restroom" means a room that: 67 (i) includes one or more water closets; 68 (ii) is intended for a single occupant or a family; 69 (iii) is enclosed by floor-to-ceiling walls; and 70 (iv) is only accessible by a full door with a secure lock that prevents another individual 71 from entering while the room is in use. 72 (h) "Water closet" means a toilet or urinal. 73 (2) A higher education institution that maintains a water closet shall, at a minimum, 74 have: 75 (a) (i) a restroom designated for exclusive use by females; and 76 (ii) a restroom designated for exclusive use by males; or 77 (b) a unisex restroom. 78 (3) A higher education institution that maintains a changing facility shall, at a 79 minimum, have: 80 (a) (i) a changing facility designated for exclusive use by females; and 81 (ii) a changing facility designated for exclusive use by males; or 82 (b) a unisex changing facility. 83 (4) For purposes of this section, an individual may not enter a restroom or changing 84 facility designated for the opposite sex except under the following circumstances: 85 (a) to accompany a person of the opposite sex to assist or chaperone: 86 (i) a child under the age of 12; 87 (ii) an elderly individual above the age of 60, or 88 (iii) an individual with a disability as defined in Section 26B-6-401; 89 (b) for law enforcement or governmental regulatory purposes; H.B. 253 01-11-24 12:08 PM - 4 - 90 (c) to render emergency medical assistance or to intervene in any other emergency 91 where the health or safety of another individual is at risk; 92 (d) for custodial, maintenance, or inspection purposes while the restroom or changing 93 facility is not in use; or 94 (e) if the appropriate designated restroom or changing facility is out of order or under 95 repair and the restroom or changing facility designated for the opposite sex contains no 96 individual of the opposite sex. 97 (5) (a) Each higher education institution shall, within the institution's code of student 98 conduct, establish disciplinary procedures for any student who: 99 (i) willfully enters, for a purpose other than the exceptions described in Subsection (4), 100 a restroom or changing facility designated for the opposite sex on the premises of the 101 institution; and 102 (ii) refuses to depart when asked to depart by any: 103 (A) faculty member, administrative personnel, security personnel, or any other 104 employee of the institution; or 105 (B) law enforcement personnel. 106 (b) An employee of a higher education institution described in Subsection (5)(a) 107 commits a violation of professional conduct and is subject to discipline under rules and 108 procedures of the board and the relevant higher education institution if the employee: 109 (i) willfully enters, for a purpose other than the exceptions described in Subsection (4), 110 a restroom or changing facility designated for the opposite sex on the premises of the 111 institution; and 112 (ii) refuses to depart when asked to depart by another employee of the institution or by 113 law enforcement personnel as described in Subsection (5)(a)(ii). 114 (c) Each higher education institution shall establish a disciplinary policy for employees 115 described in Subsection (5)(b). 116 (6) Any individual who willfully enters and refuses to depart a restroom or changing 117 facility as described in Subsection (5) commits the offense of criminal trespass under Section 118 76-6-206. 119 (7) Each higher education institution shall submit documentation to the board 120 regarding compliance with this section before: 01-11-24 12:08 PM H.B. 253 - 5 - 121 (a) July 1, 2025, for an institution in existence on July 1, 2024; or 122 (b) the first anniversary of the day of the establishment of the institution for an 123 institution that is not in existence on July 1, 2024. 124 (8) (a) Beginning July 1, 2025, the attorney general may bring a civil action to enforce 125 this section against any higher education institution, seeking: 126 (i) injunctive relief; and 127 (ii) for any higher education institution found to have willfully violated this section, a 128 fine of up to $10,000 per violation. 129 (b) Fines collected under Subsection (8)(a) shall be deposited into the General Fund. 130 (9) This section does not apply to an individual who is or has been under treatment by 131 a physician who, in the physician's good faith clinical judgment, performs procedures upon or 132 provides therapies to a minor born with a medically verifiable genetic disorder of sexual 133 development, including any of the following: 134 (a) external biological sex characteristics that are unresolvably ambiguous; or 135 (b) a disorder of sexual development in which the physician has determined through 136 genetic or biochemical testing that the patient does not have a normal sex chromosome 137 structure, sex steroid hormone production, or sex steroid hormone action for a male or female, 138 as applicable. 139 (10) By January 1, 2025, the board shall make rules, in accordance with Title 63G, 140 Chapter 3, Utah Administrative Rulemaking Act, to establish procedures to carry out and 141 ensure compliance with and enforcement of this section, including the type, format, and 142 method of delivery of the documentation described in Subsection (7). 143 (11) (a) The provisions of this section are severable. 144 (b) If any provision of this section or the application of this section to any individual or 145 circumstance is held invalid, the invalidity does not affect other provisions or applications of 146 this section which can be given effect without the invalid provision or application. 147 Section 2. Section 53G-7-224 is enacted to read: 148 53G-7-224. Sex-designated restrooms -- Sex-designated changing facilities. 149 (1) As used in this section: 150 (a) (i) "Changing facility" means a room in which two or more individuals may be in a 151 state of undress in the presence of others. H.B. 253 01-11-24 12:08 PM - 6 - 152 (ii) "Changing facility" includes a dressing room, fitting room, locker room, changing 153 room, or shower room. 154 (b) "Female" means a person belonging, at birth, to the biological sex which has the 155 specific reproductive role of producing eggs. 156 (c) "Male" means a person belonging, at birth, to the biological sex which has the 157 specific reproductive role of producing sperm. 158 (d) "Restroom" means a room that: 159 (i) includes one or more water closets; and 160 (ii) is not a unisex restroom. 161 (e) "Sex" means the classification of an individual as either female or male based on 162 the organization of the body of the individual for a specific reproductive role, as indicated by 163 the individual's sex chromosomes, naturally occurring sex hormones, and internal and external 164 genitalia present at birth. 165 (f) (i) "Unisex changing facility" means a room intended for a single occupant or a 166 family in which one or more individuals may be in a state of undress. 167 (ii) "Unisex changing facility" includes a dressing room, fitting room, locker room, 168 changing room, or shower room that: 169 (A) is enclosed by floor-to-ceiling walls; and 170 (B) is only accessible by a full door with a secure lock that prevents another individual 171 from entering while the changing facility is in use. 172 (g) "Unisex restroom" means a room that: 173 (i) includes one or more water closets; 174 (ii) is intended for a single occupant or a family; 175 (iii) is enclosed by floor-to-ceiling walls; and 176 (iv) is only accessible by a full door with a secure lock that prevents another individual 177 from entering while the room is in use. 178 (h) "Water closet" means a toilet or urinal. 179 (2) An LEA that maintains a water closet shall, at a minimum, have: 180 (a) (i) a restroom designated for exclusive use by females; and 181 (ii) a restroom designated for exclusive use by males; or 182 (b) a unisex restroom. 01-11-24 12:08 PM H.B. 253 - 7 - 183 (3) An LEA that maintains a changing facility shall, at a minimum, have: 184 (a) (i) a changing facility designated for exclusive use by females; and 185 (ii) a changing facility designated for exclusive use by males; or 186 (b) a unisex changing facility. 187 (4) For purposes of this section, an individual may not enter a restroom or changing 188 facility designated for the opposite sex except under the following circumstances: 189 (a) to accompany a person of the opposite sex to assist or chaperone: 190 (i) a child under the age of 12; 191 (ii) an elderly individual above the age of 60; or 192 (iii) an individual with a disability as defined in Section 26B-6-401; 193 (b) for law enforcement or governmental regulatory purposes; 194 (c) to render emergency medical assistance or to intervene in any other emergency 195 where the health or safety of another individual is at risk; 196 (d) for custodial, maintenance, or inspection purposes while the restroom or changing 197 facility is not in use; or 198 (e) if the appropriate designated restroom or changing facility is out of order or under 199 repair and the restroom or changing facility designated for the opposite sex contains no 200 individual of the opposite sex. 201 (5) (a) Each LEA shall, within the LEA's code of student conduct, establish 202 disciplinary procedures for any student who: 203 (i) willfully enters, for a purpose other than the exceptions described in Subsection (4), 204 a restroom or changing facility designated for the opposite sex on the premises of the LEA; and 205 (ii) refuses to depart when asked to depart by any: 206 (A) teacher, administrative personnel, school resource officer, or any other employee of 207 the LEA; or 208 (B) law enforcement personnel. 209 (b) An employee of an LEA described in Subsection (5)(a) commits a violation of 210 professional conduct and is subject to discipline under Title 53E, Chapter 6, Part 6, License 211 Denial and Discipline, if the employee: 212 (i) willfully enters, for a purpose other than the exceptions described in Subsection (4), 213 a restroom or changing facility designated for the opposite sex on the premises of the LEA; and H.B. 253 01-11-24 12:08 PM - 8 - 214 (ii) refuses to depart when asked to depart by another employee of the LEA or law 215 enforcement personnel as described in Subsection (5)(a). 216 (c) Each LEA shall establish a disciplinary policy for employees described in 217 Subsection (5)(b). 218 (6) Any individual who willfully enters and refuses to depart a restroom or changing 219 facility as described in Subsection (5) commits the offense of criminal trespass under Section 220 76-6-206. 221 (7) Each LEA shall submit documentation to the state board regarding compliance with 222 this section before: 223 (a) July 1, 2025, for an LEA in existence on July 1, 2024; or 224 (b) the first anniversary of the day of the establishment of the LEA for an LEA that is 225 not in existence on July 1, 2024. 226 (8) (a) Beginning July 1, 2025, the attorney general may bring a civil action to enforce 227 this section against any LEA, seeking: 228 (i) injunctive relief; and 229 (ii) for any LEA found to have willfully violated this section, a fine of up to $10,000 230 per violation. 231 (b) Fines collected under Subsection (8)(a) shall be deposited into the General Fund. 232 (9) This section does not apply to an individual who is or has been under treatment by 233 a physician who, in the physician's good faith clinical judgment, performs procedures upon or 234 provides therapies to a minor born with a medically verifiable genetic disorder of sexual 235 development, including any of the following: 236 (a) external biological sex characteristics that are unresolvably ambiguous; or 237 (b) a disorder of sexual development in which the physician has determined through 238 genetic or biochemical testing that the patient does not have a normal sex chromosome 239 structure, sex steroid hormone production, or sex steroid hormone action for a male or female, 240 as applicable. 241 (10) By January 1, 2025, the state board shall make rules, in accordance with Title 242 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish procedures to carry out and 243 ensure compliance with and enforcement of this section, including the type, format, and 244 method of delivery of the documentation described in Subsection (7). 01-11-24 12:08 PM H.B. 253 - 9 - 245 (11) (a) The provisions of this section are severable. 246 (b) If any provision of this section or the application of this section to any individual or 247 circumstance is held invalid, the invalidity does not affect other provisions or applications of 248 this section which can be given effect without the invalid provision or application. 249 Section 3. Effective date. 250 This bill takes effect on July 1, 2024.