Text of UT HB 269 (2025)

01-19 14:36 H.B. 269 0 Privacy Protections in Sex-designated Areas 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Stephanie Gricius 1 2 LONG TITLE 3 General Description: 4 This bill modifies provisions regarding sex-designated privacy spaces in education and 5 government facilities. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ requires the Utah Board of Higher Education to provide guidance regarding student 10 housing that degree-granting institutions own or control; 11 ▸ provides a definitional change for nonprofit exceptions to and broadens the scope of a 12 nonprofit educational institution exception to the Utah Fair Housing Act; 13 ▸ narrows an exception for sex-designated privacy spaces to apply only to a determination 14 of the School Activity Eligibility Commission and a student's participation in a certain 15 gender-designated interscholastic activity; 16 ▸ removes an ambiguous medical treatment documentation provision from certain lists of 17 evidence supporting an individual's access to certain sex-designated privacy spaces; 18 ▸ amends provisions regarding government entity facility compliance to specify which 19 government entity bears certain duties; 20 ▸ requires degree-granting institutions to comply with sex designations in assigning 21 students to dwelling units within the institution's sex-designated student housing; and 22 ▸ makes technical and conforming changes. 23 Money Appropriated in this Bill: 24 None 25 Other Special Clauses: 26 None 27 Utah Code Sections Affected: 28 AMENDS: 29 53B-1-118, as enacted by Laws of Utah 2024, Chapter 3 30 53G-6-1005, as enacted by Laws of Utah 2022, Chapter 478 H.B. 269 01-19 14:36 31 57-21-3, as last amended by Laws of Utah 2024, Chapter 200 32 63G-31-101, as enacted by Laws of Utah 2024, Chapter 2 33 63G-31-201, as enacted by Laws of Utah 2024, Chapter 2 34 63G-31-202, as enacted by Laws of Utah 2024, Chapter 2 35 63G-31-301, as enacted by Laws of Utah 2024, Chapter 2 36 63G-31-302, as enacted by Laws of Utah 2024, Chapter 2 37 63G-31-304, as enacted by Laws of Utah 2024, Chapter 2 38 ENACTS: 39 53B-1-411, Utah Code Annotated 1953 40 63G-31-305, Utah Code Annotated 1953 41 42 Be it enacted by the Legislature of the state of Utah: 43 Section 1. Section 53B-1-118 is amended to read: 44 53B-1-118 . Prohibited discriminatory practices -- Restrictions -- Campus 45 climate survey -- Exceptions. 46 (1) As used in this section: 47 (a) "Important government interest" means a governmental purpose relating to[ ] : 48 (i) athletic competition or athletic safety in public education; or[ ] 49 (ii) privacy, including compliance with Title 63G, Chapter 31, Distinctions on the 50 Basis of Sex. 51 (b) "Personal identity characteristics" means an individual's race, color, ethnicity, sex, 52 sexual orientation, national origin, religion, or gender identity. 53 (c)(i) "Prohibited discriminatory practice" means engaging in or maintaining a policy, 54 procedure, practice, program, office, initiative, or required training that, based on 55 an individual's personal identity characteristics: 56 (A) promotes the differential treatment of an individual without an important 57 government interest; 58 (B) influences the employment decisions of an individual other than through the 59 use of neutral hiring processes with regard to personal identity characteristics 60 and in accordance with federal law; 61 (C) influences an individual's admission to, advancement in, or graduation from 62 an institution, the public education system, or an academic program; or 63 (D) influences an individual's participation in an institution-sponsored or public 64 education system-sponsored program. - 2 - 01-19 14:36 H.B. 269 65 (ii) "Prohibited discriminatory practice" also means engaging in or maintaining a 66 policy, procedure, practice, program, office, initiative, or required training that: 67 (A) asserts that one personal identity characteristic is inherently superior or 68 inferior to another personal identity characteristic; 69 (B) asserts that an individual, by virtue of the individual's personal identity 70 characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or 71 a victim, whether consciously or unconsciously; 72 (C) asserts that an individual should be discriminated against in violation of Title 73 VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive 74 beneficial treatment because of the individual's personal identity characteristics; 75 (D) asserts that an individual's moral character is determined by the individual's 76 personal identity characteristics; 77 (E) asserts that an individual, by virtue of the individual's personal identity 78 characteristics, bears responsibility for actions committed in the past by other 79 individuals with the same personal identity characteristics; 80 (F) asserts that an individual should feel discomfort, guilt, anguish, or other 81 psychological distress solely because of the individual's personal identity 82 characteristics; 83 (G) asserts that meritocracy is inherently racist or sexist; 84 (H) asserts that socio-political structures are inherently a series of power 85 relationships and struggles among racial groups; 86 (I) promotes resentment between, or resentment of, individuals by virtue of their 87 personal identity characteristics; 88 (J) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual 89 because of the individual's race, color, ethnicity, sex, sexual orientation, 90 national origin, or gender identity; 91 (K) considers an individual's personal identity characteristics in determining 92 receipt of state financial aid or other state financial assistance, including a 93 scholarship award or tuition waiver; or 94 (L) is referred to or named diversity, equity, and inclusion. 95 (iii) "Prohibited discriminatory practice" does not include policies or procedures 96 required by state or federal law, including laws relating to prohibited 97 discrimination or harassment. 98 (d) "Student success and support" means an office, division, employment position, or - 3 - H.B. 269 01-19 14:36 99 other unit of an institution established or maintained to provide support, guidance, 100 and resources that equip all students, including all students at higher risk of not 101 completing a certificate or degree, with experiences and opportunities for success in 102 each student's academic and career goals, and without excluding individuals on the 103 basis of an individual's personal identity characteristics. 104 (e) "Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et 105 seq. 106 (f) "Title VII" means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et 107 seq. 108 (g) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 109 1681 et seq. 110 (2) An institution may not: 111 (a) engage in prohibited discriminatory practices; 112 (b) take, express, or assert a position or opinion on subjects described in Subsection 113 67-27-107(1)(b)(ii); 114 (c) establish or maintain an office, division, employment position, or other unit of an 115 institution established to implement, develop, plan, or promote campus policies, 116 procedures, practices, programs, or initiatives, regarding prohibited discriminatory 117 practices; or 118 (d) employ or assign an employee or a third-party whose duties for an institution include 119 coordinating, creating, developing, designing, implementing, organizing, planning, or 120 promoting policies, programming, training, practices, activities, and procedures 121 relating to prohibited discriminatory practices. 122 (3) An institution shall: 123 (a) ensure that all students have access to programs providing student success and 124 support; 125 (b) publish the titles and syllabi of all mandatory courses, seminars, classes, workshops, 126 and training sessions on the institution's website in an online database readily 127 searchable by the public; 128 (c) annually train employees on the separation of personal political advocacy from an 129 institution's business and employment activities; 130 (d) develop strategies, including inviting speakers, to promote viewpoint diversity; and 131 (e) establish policies and procedures to include opportunities for education and research 132 on free speech and civic education. - 4 - 01-19 14:36 H.B. 269 133 (4) Beginning on or before July 1, 2025, the board shall report to the Higher Education 134 Appropriations Subcommittee on the status and allocation of appropriated funds for 135 student success and support. 136 (5) The Legislature shall, in a line item appropriation, appropriate ongoing funding to 137 support an institution's student success and support program in accordance with this 138 section. 139 (6)(a) On or before January 1, 2025, the board shall contract with a third-party 140 contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to 141 conduct a campus expression climate survey of each institution: 142 (i) to assess student, faculty, and staff perceptions of and experiences with an 143 institution's campus environment that measures the student's, faculty member's, 144 and staff member's perception of and experience with an institution's campus 145 environment; and 146 (ii) that measures the student's, faculty member's, and staff member's perception of 147 and experience with campus policy and practice regarding freedom of speech and 148 academic freedom at the institution. 149 (b) The board shall collect the results of each campus expression climate survey under 150 Subsection (6) and submit the results to the Office of Legislative Research and 151 General Counsel beginning on or before July 1. 152 (7)(a) The Office of Legislative Research and General Counsel shall provide a summary 153 report on the data collected from the campus expression climate surveys to the 154 Education Interim Committee on or before: 155 (i) November 1, 2027, for reports received in years 2025, 2026, and 2027; 156 (ii) November 1, 2030, for reports received in years 2028, 2029, and 2030; and 157 (iii) November 1, 2033, for reports received in years 2031, 2032, and 2033. 158 (b) On or before November 1, 2035, the Office of Legislative Research and General 159 Counsel shall provide a comprehensive report of the campus expression climate 160 surveys to the Education Interim Committee. 161 (8) Nothing in this section requires an individual to respond to a campus expression climate 162 survey. 163 (9) Nothing in this section limits or prohibits an institution's authority to establish policies 164 that: 165 (a) are necessary to comply with state or federal law, including laws relating to 166 prohibited discrimination or harassment; - 5 - H.B. 269 01-19 14:36 167 (b) require disclosure of an employee's academic research, classroom teaching, or 168 coursework; or 169 (c) require for employment, tenure, or promotion to disclose or discuss the applicant's: 170 (i) research; 171 (ii) teaching agenda; 172 (iii) artistic creations; or 173 (iv) pedagogical approaches or experiences with students of all learning abilities. 174 (10) This section does not apply to: 175 (a) requirements necessary for athletic and accreditation compliance; 176 (b) academic research; 177 (c) academic course teaching in the classroom; 178 (d) a grant that would otherwise require: 179 (i) a department, office, division, or other unit of an institution to engage in a 180 prohibited discriminatory practice if the grant has been reviewed and approved by 181 the institution's board of trustees; or 182 (ii) an institution to engage in a prohibited discriminatory practice if the grant has 183 been reviewed and approved by the board; 184 (e) requirements necessary for an institution to establish or maintain eligibility for any 185 federal program; or 186 (f) private scholarships administered by an institution. 187 (11) Notwithstanding any other provision of this part, the University of Utah may take any 188 action required for the University of Utah to comply with the terms of an agreement 189 entered into between the University of Utah and the Ute Indian Tribe before July 1, 2024. 190 (12)(a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 191 institution of higher education's compliance with this section as follows: 192 (i) for 2025, on each institution of higher education; and 193 (ii) for 2026, and every year after, on one-half of the degree granting institutions of 194 higher education and one-half of the technical colleges. 195 (b) If the board identifies a violation of this section, the board shall: 196 (i) on or before 30 days after the day on which the board identifies the violation, 197 work with the institution to create a remediation plan; and 198 (ii) provide the institution 180 days after the day of the creation of the remediation 199 plan to cure the violation. 200 (13) On or before November 1 of each year, the board shall prepare and submit a report to - 6 - 01-19 14:36 H.B. 269 201 the Higher Education Appropriations Subcommittee on: 202 (a) the review process and each institution's compliance determination; or 203 (b) if a violation is identified, the remediation plan and progress under Subsection (12)(b). 204 (14) On or before December 1 of each year, the Higher Education Appropriations 205 Subcommittee shall: 206 (a) report the findings under Subsections (4) and (13) to the Legislature; and 207 (b) make appropriation recommendations about an institution's compliance with this 208 section. 209 (15) The Legislature may withhold future state appropriations to an institution that fails to 210 cure a violation of this section within the time provided under Subsection (12)(b). 211 (16) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 212 Administrative Rulemaking Act, to establish a procedure for accepting and processing 213 an individual's complaint against an institution for an alleged violation of this section. 214 Section 2. Section 53B-1-411 is enacted to read: 215 53B-1-411 . Board guidance to degree-granting institutions on student housing. 216 The board shall make policies or otherwise provide to each degree-granting institution 217 guidance regarding the institution's student housing, including: 218 (1) compliance with the requirements for sex-designated dwelling units within the 219 institution's student housing under Section 63G-31-305; and 220 (2) practices to ensure individual privacy within the institution's student housing. 221 Section 3. Section 53G-6-1005 is amended to read: 222 53G-6-1005 . Reasonable accommodations. 223 Nothing in this part prohibits an athletic association, LEA, or school from adopting 224 reasonable safety and privacy rules and policies that designate facilities, including restrooms, 225 shower facilities, and dressing facilities[, provided that] if the rules and policies described in 226 this section afford reasonable accommodations based on gender identity to all students in 227 compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex. 228 Section 4. Section 57-21-3 is amended to read: 229 57-21-3 . Exemptions -- Sale by private individuals -- Nonprofit organizations -- 230 Noncommercial transactions. 231 (1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner 232 if: 233 (a) the owner does not own an interest in four or more single-family dwelling units held 234 for sale or lease at the same time; - 7 - H.B. 269 01-19 14:36 235 (b) during a 24-month period, the owner does not sell two or more single-family 236 dwelling units in which the owner was not residing or was not the most recent 237 resident at the time of sale; 238 (c) the owner does not retain or use the facilities or services of a real estate broker or 239 salesperson; and 240 (d) the owner does not use a discriminatory housing practice under Subsection 57-21-5 241 (2) in the sale or rental of the dwelling. 242 (2) This chapter does not apply to a dwelling or a temporary or permanent residence facility 243 if: 244 (a) the discrimination is by sex, as defined in Section 68-3-12.5, sexual orientation, 245 gender identity, or familial status for reasons of personal modesty or privacy, or in 246 the furtherance of a religious institution's free exercise of religious rights under the 247 First Amendment of the United States Constitution or the Utah Constitution; and 248 (b) the dwelling or the temporary or permanent residence facility is: 249 (i) operated by a nonprofit or charitable organization; 250 (ii) owned by, operated by, or under contract with a religious organization, a religious 251 association, a religious educational institution, or a religious society; 252 (iii) owned by, operated by, or under contract with an affiliate of an entity described 253 in Subsection (2)(b)(ii); or 254 (iv) owned by or operated by a person under contract with an entity described in 255 Subsection (2)(b)(ii). 256 (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room in 257 a single-family dwelling by an owner-occupant of the single-family dwelling to another 258 person if: 259 (a) the dwelling is designed for occupancy by four or fewer families; and 260 (b) the owner-occupant resides in one of the units. 261 (4)(a)(i) Unless membership in a religion is restricted by race, color, sex, or national 262 origin, this chapter does not prohibit an entity described in Subsection (4)(a)(ii) 263 from: 264 (A) limiting the sale, rental, or occupancy of a dwelling or temporary or 265 permanent residence facility the entity owns or operates for primarily 266 noncommercial purposes to persons of the same religion; or 267 (B) giving preference to persons of the same religion when selling, renting, or 268 selecting occupants for a dwelling, or a temporary or permanent residence - 8 - 01-19 14:36 H.B. 269 269 facility, the entity owns or operates for primarily noncommercial purposes. 270 (ii) The following entities are entitled to the exemptions described in Subsection 271 (4)(a)(i): 272 (A) a religious organization, association, or society; or 273 (B) a nonprofit institution or organization operated, supervised, or controlled by or 274 in conjunction with a religious organization, association, or society. 275 (b)(i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from: 276 (A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or 277 permanent residence facility, the entity owns or operates to persons of a 278 particular religion, sex, sexual orientation, or gender identity; or 279 (B) giving preference to persons of a particular religion, sex, sexual orientation, or 280 gender identity when selling, renting, or selecting occupants for a dwelling, or 281 a temporary or permanent residence facility, the entity owns or operates. 282 (ii) The following entities are entitled to the exemptions described in Subsection 283 (4)(b)(i): 284 (A) an entity described in Subsection (4)(a)(ii); and 285 (B) a person who owns a dwelling, or a temporary or permanent residence facility, 286 that is under contract with an entity described in Subsection (4)(a)(ii). 287 (5)(a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a 288 private club not open to the public, including a fraternity or sorority associated with 289 an institution of higher education, from: 290 (i) limiting the rental or occupancy of lodgings to members; or 291 (ii) giving preference to its members. 292 (b) This Subsection (5) applies only if the private club owns or operates the lodgings as 293 an incident to its primary purpose and not for a commercial purpose. 294 (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and 295 conditions, including financial obligations, of a lease, rental agreement, contract of 296 purchase or sale, mortgage, trust deed, or other financing agreement. 297 (7) This chapter does not prohibit a nonprofit educational institution from: 298 (a) requiring its single students to live in a dwelling, or a temporary or permanent 299 residence facility, that is owned by, operated by, or under contract with the nonprofit 300 educational institution; 301 (b) segregating a dwelling, or a temporary or permanent residence facility, that is owned 302 by, operated by, or under contract with the nonprofit educational institution on the - 9 - H.B. 269 01-19 14:36 303 basis of sex, as defined in Section 68-3-12.5, regardless of gender identity, or familial 304 status or both: 305 (i) for reasons of personal modesty or privacy; or 306 (ii) in the furtherance of a religious institution's free exercise of religious rights under 307 the First Amendment of the United States Constitution or the Utah Constitution; or 308 (c) otherwise assisting another person in making a dwelling, or a temporary or 309 permanent residence facility, available to students on a sex-segregated basis as may 310 be permitted by: 311 (i) regulations implementing the federal Fair Housing Amendments Act of 1988; 312 (ii) Title IX of the Education Amendments of 1972; or 313 (iii) other applicable law. 314 (8) This chapter does not prohibit any reasonable local, state, or federal restriction 315 regarding the maximum number of occupants permitted to occupy a dwelling. 316 (9) A provision of this chapter that pertains to familial status does not apply to the 317 existence, development, sale, rental, advertisement, or financing of an apartment 318 complex, condominium, or other housing development designated as housing for older 319 persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended. 320 Section 5. Section 63G-31-101 is amended to read: 321 63G-31-101 . Definitions. 322 As used in this chapter: 323 (1)(a) "Changing room" means a space designated for multiple individuals to dress or 324 undress within the same space. 325 (b) "Changing room" includes: 326 (i) a dressing room, fitting room, locker room, or shower room; and 327 (ii) a restroom when a changing room contains or is attached to the restroom. 328 (2)(a) "Facility" means a publicly owned or controlled building, structure, or other 329 improvement. 330 (b) "Facility" includes a subset of a publicly owned or controlled building, structure, or 331 other improvement, including a restroom or locker room. 332 (3) "Government entity" means[:] the same as that term is defined in Section 63G-2-103. 333 [(a) the state; or] 334 [(b) any county, municipality, special district, special service district, or other political 335 subdivision or administrative unit of the state, including:] 336 [(i) a state institution of higher education as defined in Section 53B-2-101; or] - 10 - 01-19 14:36 H.B. 269 337 [(ii) a local education agency as defined in Section 53G-7-401.] 338 (4) "Intersex individual" means the same as that term is defined in Section 26B-8-101. 339 (5) "Men's restroom" means a restroom that is designated for the exclusive use of males and 340 not females. 341 (6)(a) "Open to the general public" means that a privacy space is: 342 (i) freely accessible to a member of the general public; 343 (ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a 344 membership fee, or otherwise paid to access the facility containing the relevant 345 privacy space; or 346 (iii) accessible to a student of an institution of higher education described in Section 347 52B-2-101, either freely or as described in Subsection (6)(a)(ii). 348 (b) "Open to the general public" does not include a privacy space that is: 349 (i) only accessible to employees of a government entity; or 350 (ii) any area that is not normally accessible to the public. 351 (7) "Privacy space" means a restroom or changing room within a publicly owned or 352 controlled facility, where an individual has a reasonable expectation of privacy. 353 (8) "Publicly owned or controlled" means that a government entity has at least a partial 354 ownership interest in or has control of a facility, program, or event. 355 (9)(a) "Restroom" means any space that includes a toilet. 356 (b) "Restroom" includes: 357 (i) sex-designated men's restrooms; 358 (ii) sex-designated women's restrooms; 359 (iii) unisex restrooms; and 360 (iv) single-occupant restrooms. 361 (10) "Sex-designated" means that a facility, program, or event is designated specifically for 362 males or females and not the opposite sex. 363 (11) "Single-occupant" means, in relation to a single-occupant facility or privacy space, that 364 the facility or privacy space: 365 (a) has floor-to-ceiling walls; 366 (b) has an entirely encased and locking door; and 367 (c) is designated for single occupancy. 368 (12) "Unisex" means, in relation to a unisex facility or privacy space, that the facility or 369 privacy space: 370 (a) is designated for the use of both sexes; or - 11 - H.B. 269 01-19 14:36 371 (b) is not sex-designated. 372 (13) "Women's restroom" means a restroom that is designated for the exclusive use of 373 females and not males. 374 Section 6. Section 63G-31-201 is amended to read: 375 63G-31-201 . Distinctions on the basis of sex. 376 (1) A government entity may not, on the basis of sex, exclude an individual from 377 participation in, deny an individual from the benefits of, or subject an individual to a 378 sex-based distinction in or under any government or otherwise publicly owned or 379 controlled facility, program, or event, unless the distinction is substantially related to an 380 important government objective. 381 (2) Each government entity shall ensure the preservation of distinctions on the basis of sex 382 that protect individual privacy and competitive opportunity, as described in this chapter. 383 (3)(a) As used in this Subsection (3), "athletic facility" does not include a privacy space. 384 (b) To preserve the individual privacy and competitive opportunity of females, an 385 individual is not entitled to and may not access, use, or benefit from a government 386 entity's athletic facility, program, or event if: 387 (i) the facility, program, or event is designated for females; and 388 (ii) the individual is not female. 389 (c) To preserve the individual privacy and competitive opportunity of males, an 390 individual is not entitled to and may not access, use, or benefit from a government 391 entity's athletic facility, program, or event if: 392 (i) the facility, program, or event is designated for males; and 393 (ii) the individual is not male. 394 (4) [Notwithstanding ]Subsections (1) through (3)[, this chapter does] and Subsection 395 63G-31-204(4) do not apply to: 396 (a) a determination of the School Activity Eligibility Commission, created in Section 397 53G-6-1003, regarding a student's athletic eligibility; or 398 (b) [in the context of ] the participation of a student[ who] , if the student has obtained the 399 eligibility approval of the commission under Subsection 53G-6-1004(2)[ to participate] , 400 in a gender-designated interscholastic activity that does not correspond with the sex 401 designation on the student's birth certificate, as those terms are defined in Section 402 53G-6-1001. 403 Section 7. Section 63G-31-202 is amended to read: 404 63G-31-202 . Sex-based distinctions to protect individual privacy. - 12 - 01-19 14:36 H.B. 269 405 A distinction on the basis of sex that provides separate accommodations for the sexes is 406 substantially related to the important government objective of protecting individual privacy, 407 including in the following contexts: 408 (1) a privacy space;[ and] 409 (2) a correctional facility as defined in Section 77-16b-102[.] ; and 410 (3) multi-occupancy sex-designated publicly owned dwellings. 411 Section 8. Section 63G-31-301 is amended to read: 412 63G-31-301 . Sex-designated privacy spaces in public schools. 413 (1) To preserve the individual privacy of male and female students in the public education 414 system, a student may only access an operational sex-designated privacy space within a 415 public school that is designated for student use if the student's sex corresponds with the 416 sex designation of the privacy space. 417 (2) For a student who makes a request to use a privacy space other than the sex-designated 418 privacy space that corresponds with the student's sex because of the student's gender 419 identity, as defined in Section 34A-5-102, or reasonable fear of bullying, the local 420 education agency, as defined in Section 53E-1-102, shall coordinate with the student's 421 parent or legal guardian to develop a privacy plan that provides the student with: 422 (a)(i) reasonable access to a unisex or single-occupant facility; or 423 (ii) reasonable access to a faculty or staff restroom; or 424 (b) if the access described in Subsection (2)(a) is unavailable, reasonable access to 425 private use of an otherwise sex-designated privacy space through staggered 426 scheduling or another policy provision that provides for temporary private access. 427 (3) An LEA satisfies the LEA's duties regarding student use of a privacy space under this 428 chapter if the LEA: 429 (a) gives notice to students of the provisions of this section; 430 (b) takes administrative action to address violations of and promote compliance with this 431 section; and 432 (c) develops a privacy plan in accordance with Subsection (2). 433 (4) An individual may use[ the following evidence] , as a defense to an allegation that the 434 student is not eligible to access and use a sex-designated privacy space under Subsection 435 (1)[:] , 436 [(a)] the student's unamended birth certificate that corresponds with the sex designation of 437 privacy space, which may be supported with a review of any amendment history obtained 438 under Section 26B-8-125[; or] . - 13 - H.B. 269 01-19 14:36 439 [(b) documentation of a medical treatment or procedure that is consistent only with the sex 440 designation of the privacy space.] 441 (5) Subsection (1) does not apply to: 442 (a) a unisex or single-occupant facility; or 443 (b) an intersex individual. 444 Section 9. Section 63G-31-302 is amended to read: 445 63G-31-302 . Sex-designated changing rooms in publicly owned facilities open to 446 the general public. 447 (1)(a) Except as provided in Subsection (1)(b), to preserve the individual privacy of 448 males and females, an individual may only access an operational sex-designated 449 changing room in a government entity's facility that is open to the general public if: 450 (i) the individual's sex corresponds with the sex designation of the changing room; or 451 (ii) the individual has: 452 (A) legally amended the individual's birth certificate to correspond with the sex 453 designation of the changing room, which may be supported with a review of 454 any amendment history obtained under Section 26B-8-125; and 455 (B) undergone a primary sex characteristic surgical procedure as defined in 456 Section 58-67-102 to correspond with the sex designation of the changing 457 room. 458 (b) Subsection (1)(a) does not apply to: 459 (i) a minor child who requires assistance to access or use the changing room that 460 corresponds with the sex of the minor's parent, guardian, or relative; 461 (ii) a dependent minor, as defined in Section 76-5-110, or a dependent adult, as 462 defined in Section 76-5-111 who requires assistance to access or use the changing 463 room that corresponds with the sex of a caretaker; 464 (iii) an individual providing public safety services, including law enforcement, 465 emergency medical services as defined in Section 26B-4-101, and fire protection; 466 (iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide 467 health care services to a patient of the health care facility; or 468 (v) an individual whose employment duties include the maintenance or cleaning of 469 the changing room. 470 (2) An individual in a changing room has a reasonable expectation of privacy, satisfying the 471 privacy element of the offense of voyeurism in Section 76-9-702.7. 472 (3) An individual who knowingly enters a changing room in violation of Subsection (1) - 14 - 01-19 14:36 H.B. 269 473 commits the offense of criminal trespass under Section 76-6-206 if the individual enters 474 or remains in the changing room under circumstances which a reasonable person would 475 expect to likely cause affront or alarm to, on, or in the presence of another individual. 476 (4) The surgical provision described in Subsection (1)(a)(ii) does not shield an individual 477 from the offense of lewdness related to genitalia under Subsection 76-9-702(3) or 478 76-9-702.5(4). 479 (5) An individual may use the following evidence as a defense against an allegation that the 480 individual is not eligible to access and use a sex-designated changing room under 481 Subsection (1): 482 (a) for an individual whose birth sex corresponds with the sex designation of the 483 changing room[:] , 484 [(i)] an individual's unamended birth certificate that corresponds with the sex designation of 485 the changing room, which may be supported with a review of any amendment history 486 obtained under Section 26B-8-125; or 487 [(ii) documentation of a medical treatment or procedure that is consistent only with the sex 488 designation of the changing room; or] 489 (b) for an individual whose birth sex does not correspond with the sex designation of the 490 changing room: 491 (i) the individual's amended birth certificate, which may be supported with a review 492 of any amendment history obtained under Section 26B-8-125; and 493 (ii) documentation that demonstrates that the individual has undergone a primary sex 494 characteristic surgical procedure as defined in Section 58-67-102. 495 (6) Subsection (1) does not apply to: 496 (a) a unisex or single-occupant facility; 497 (b) a changing room that is not open to the general public; or 498 (c) an intersex individual. 499 Section 10. Section 63G-31-304 is amended to read: 500 63G-31-304 . Government entity facility compliance. 501 (1) Except as provided under Section 53G-8-211, a government entity shall contact law 502 enforcement if the entity receives a complaint or allegation regarding the following 503 within a privacy space in a facility that is open to the general public: 504 (a) an offense of lewdness under Section 76-9-702; 505 (b) an offense of lewdness involving a child under Section 76-9-702.5; 506 (c) voyeurism under Section 76-9-702.7; - 15 - H.B. 269 01-19 14:36 507 (d) loitering in a privacy space under Section 76-9-702.8; or 508 (e) for a changing room described in Section 63G-31-302, an offense of criminal 509 trespass under Subsection 63G-31-302(2). 510 (2) To preserve the individual privacy of males and females in privacy spaces: 511 (a) a government entity that has administrative control over access to a given facility 512 with a privacy space that is open to the general public shall adopt a privacy 513 compliance plan to address compliance with the government entity's duties under this 514 chapter; 515 (b) for construction of a new facility[, a] with a privacy space that is open to the general 516 public, the government entity that has authority over construction or remodeling of 517 the facility shall ensure that the new construction includes a single-occupant facility; 518 and 519 (c) for existing privacy spaces, [a] the government entity that has authority over 520 construction or remodeling of the facility that contains the privacy space: 521 (i) shall consider the feasibility of retrofitting or remodeling to include: 522 (A) floor-to-ceiling walls and doors or similar privacy protections; 523 (B) curtains; or 524 (C) other methods of improving individual privacy within the facility that are 525 comparable to the methods described in Subsections (2)(a)(i) and (ii); and 526 (ii) may reduce the number of fixtures that state law requires by up to 20% to provide 527 adequate space for the retrofitting or remodeling described in Subsection (2)(a). 528 (3) [A] The government entity with authority regarding the design of a facility with a 529 privacy space that is open to the general public shall ensure sufficient sex-designated 530 privacy spaces through compliance with Sections 15A-3-112 and 15A-3-304 regarding 531 unisex facilities. 532 Section 11. Section 63G-31-305 is enacted to read: 533 63G-31-305 . Higher education student housing. 534 (1) As used in this section: 535 (a) "Degree-granting institution" means the same as that term is defined in Section 536 53B-1-101.5. 537 (b) "Dwelling unit" means the same as that term is defined in Section 15A-5-102. 538 (c) "Student housing" means housing that a degree-granting institution publicly owns or 539 controls. 540 (2) Except as provided in Subsection (1)(b), to preserve the individual privacy of males and - 16 - 01-19 14:36 H.B. 269 541 females, a degree-granting institution that provides student housing may only rent to, 542 assign, or otherwise place an individual in a dwelling unit that is sex-designated within 543 the institution's student housing if: 544 (a) the individual's sex corresponds with the sex designation of the dwelling unit within 545 the institution's student housing; or 546 (b) the individual has: 547 (i) legally amended the individual's birth certificate to correspond with the sex 548 designation of the dwelling unit within the institution's student housing, which 549 may be supported with a review of any amendment history obtained under Section 550 26B-8-125; and 551 (ii) undergone a primary sex characteristic surgical procedure as defined in Section 552 58-67-102 to correspond with the sex designation of the dwelling unit within the 553 institution's student housing. 554 (3) An individual may use the following evidence as a defense against an allegation that the 555 individual is not eligible for renting, assignment, or placement in a sex-designated 556 dwelling unit under Subsection (2): 557 (a) for an individual whose birth sex corresponds with the sex designation of the 558 dwelling unit, an individual's unamended birth certificate that corresponds with the 559 sex designation of the dwelling unit, which may be supported with a review of any 560 amendment history obtained under Section 26B-8-125; or 561 (b) for an individual whose birth sex does not correspond with the sex designation of the 562 dwelling unit: 563 (i) the individual's amended birth certificate, which may be supported with a review 564 of any amendment history obtained under Section 26B-8-125; and 565 (ii) documentation that demonstrates that the individual has undergone a primary sex 566 characteristic surgical procedure as defined in Section 58-67-102. 567 (4) Subsection (2) does not apply to: 568 (a) dwelling units within student housing that the institution designates as unisex or 569 single-occupant; or 570 (b) an intersex individual. 571 (5) Nothing in this section prohibits a degree-granting institution from offering a dwelling 572 unit in student housing that is not sex-designated if the institution only places an 573 individual in the dwelling unit who seeks a dwelling unit that is not sex-designated. 574 Section 12. Effective Date. - 17 - H.B. 269 01-19 14:36 575 This bill takes effect on May 7, 2025. - 18 -

Enrolled Copy H.B. 269 1 Privacy Protections in Sex-designated Areas 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Stephanie Gricius Senate Sponsor: Brady Brammer 2 3 LONG TITLE 4 General Description: 5 This bill modifies provisions regarding sex-designated privacy spaces in education and 6 government facilities. 7 Highlighted Provisions: 8 This bill: 9 ▸ defines terms; 10 ▸ requires the Utah Board of Higher Education to provide guidance regarding student 11 housing that degree-granting institutions own or control; 12 ▸ provides a definitional change for nonprofit exceptions to and broadens the scope of a 13 nonprofit educational institution exception to the Utah Fair Housing Act; 14 ▸ narrows an exception for a prohibition on sex-based distinctions to apply only to a 15 determination of the School Activity Eligibility Commission and a student's 16 participation in a certain gender-designated interscholastic activity; 17 ▸ removes an ambiguous medical treatment documentation provision from certain lists of 18 evidence supporting an individual's access to certain sex-designated privacy spaces; 19 ▸ amends provisions regarding government entity facility compliance to specify which 20 government entity bears certain duties; 21 ▸ requires degree-granting institutions to comply with sex designations in assigning 22 students to dwelling units within the institution's sex-designated student housing; and 23 ▸ makes technical and conforming changes. 24 Money Appropriated in this Bill: 25 None 26 Other Special Clauses: 27 This bill provides a special effective date. H.B. 269 Enrolled Copy 28 Utah Code Sections Affected: 29 AMENDS: 30 53B-1-118 (Effective 06/01/25), as enacted by Laws of Utah 2024, Chapter 3 31 53G-6-1005 (Effective upon governor's approval), as enacted by Laws of Utah 2022, 32 Chapter 478 33 57-21-3 (Effective 06/01/25), as last amended by Laws of Utah 2024, Chapter 200 34 63G-31-101 (Effective 06/01/25), as enacted by Laws of Utah 2024, Chapter 2 35 63G-31-201 (Effective upon governor's approval), as enacted by Laws of Utah 2024, 36 Chapter 2 37 63G-31-202 (Effective 06/01/25), as enacted by Laws of Utah 2024, Chapter 2 38 63G-31-301 (Effective upon governor's approval), as enacted by Laws of Utah 2024, 39 Chapter 2 40 63G-31-302 (Effective upon governor's approval), as enacted by Laws of Utah 2024, 41 Chapter 2 42 63G-31-304 (Effective 06/01/25), as enacted by Laws of Utah 2024, Chapter 2 43 ENACTS: 44 53B-1-411 (Effective 06/01/25), Utah Code Annotated 1953 45 63G-31-305 (Effective 06/01/25), Utah Code Annotated 1953 46 47 Be it enacted by the Legislature of the state of Utah: 48 Section 1. Section 53B-1-118 is amended to read: 49 53B-1-118 (Effective 06/01/25). Prohibited discriminatory practices -- 50 Restrictions -- Campus climate survey -- Exceptions. 51 (1) As used in this section: 52 (a) "Important government interest" means a governmental purpose relating to[ ] : 53 (i) athletic competition or athletic safety in public education; or[ ] 54 (ii) privacy, including compliance with Title 63G, Chapter 31, Distinctions on the 55 Basis of Sex. 56 (b) "Personal identity characteristics" means an individual's race, color, ethnicity, sex, 57 sexual orientation, national origin, religion, or gender identity. 58 (c)(i) "Prohibited discriminatory practice" means engaging in or maintaining a policy, 59 procedure, practice, program, office, initiative, or required training that, based on 60 an individual's personal identity characteristics: 61 (A) promotes the differential treatment of an individual without an important - 2 - Enrolled Copy H.B. 269 62 government interest; 63 (B) influences the employment decisions of an individual other than through the 64 use of neutral hiring processes with regard to personal identity characteristics 65 and in accordance with federal law; 66 (C) influences an individual's admission to, advancement in, or graduation from 67 an institution, the public education system, or an academic program; or 68 (D) influences an individual's participation in an institution-sponsored or public 69 education system-sponsored program. 70 (ii) "Prohibited discriminatory practice" also means engaging in or maintaining a 71 policy, procedure, practice, program, office, initiative, or required training that: 72 (A) asserts that one personal identity characteristic is inherently superior or 73 inferior to another personal identity characteristic; 74 (B) asserts that an individual, by virtue of the individual's personal identity 75 characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or 76 a victim, whether consciously or unconsciously; 77 (C) asserts that an individual should be discriminated against in violation of Title 78 VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive 79 beneficial treatment because of the individual's personal identity characteristics; 80 (D) asserts that an individual's moral character is determined by the individual's 81 personal identity characteristics; 82 (E) asserts that an individual, by virtue of the individual's personal identity 83 characteristics, bears responsibility for actions committed in the past by other 84 individuals with the same personal identity characteristics; 85 (F) asserts that an individual should feel discomfort, guilt, anguish, or other 86 psychological distress solely because of the individual's personal identity 87 characteristics; 88 (G) asserts that meritocracy is inherently racist or sexist; 89 (H) asserts that socio-political structures are inherently a series of power 90 relationships and struggles among racial groups; 91 (I) promotes resentment between, or resentment of, individuals by virtue of their 92 personal identity characteristics; 93 (J) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual 94 because of the individual's race, color, ethnicity, sex, sexual orientation, 95 national origin, or gender identity; - 3 - H.B. 269 Enrolled Copy 96 (K) considers an individual's personal identity characteristics in determining 97 receipt of state financial aid or other state financial assistance, including a 98 scholarship award or tuition waiver; or 99 (L) is referred to or named diversity, equity, and inclusion. 100 (iii) "Prohibited discriminatory practice" does not include policies or procedures 101 required by state or federal law, including laws relating to prohibited 102 discrimination or harassment. 103 (d) "Student success and support" means an office, division, employment position, or 104 other unit of an institution established or maintained to provide support, guidance, 105 and resources that equip all students, including all students at higher risk of not 106 completing a certificate or degree, with experiences and opportunities for success in 107 each student's academic and career goals, and without excluding individuals on the 108 basis of an individual's personal identity characteristics. 109 (e) "Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et 110 seq. 111 (f) "Title VII" means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et 112 seq. 113 (g) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 114 1681 et seq. 115 (2) An institution may not: 116 (a) engage in prohibited discriminatory practices; 117 (b) take, express, or assert a position or opinion on subjects described in Subsection 118 67-27-107(1)(b)(ii); 119 (c) establish or maintain an office, division, employment position, or other unit of an 120 institution established to implement, develop, plan, or promote campus policies, 121 procedures, practices, programs, or initiatives, regarding prohibited discriminatory 122 practices; or 123 (d) employ or assign an employee or a third-party whose duties for an institution include 124 coordinating, creating, developing, designing, implementing, organizing, planning, or 125 promoting policies, programming, training, practices, activities, and procedures 126 relating to prohibited discriminatory practices. 127 (3) An institution shall: 128 (a) ensure that all students have access to programs providing student success and 129 support; - 4 - Enrolled Copy H.B. 269 130 (b) publish the titles and syllabi of all mandatory courses, seminars, classes, workshops, 131 and training sessions on the institution's website in an online database readily 132 searchable by the public; 133 (c) annually train employees on the separation of personal political advocacy from an 134 institution's business and employment activities; 135 (d) develop strategies, including inviting speakers, to promote viewpoint diversity; and 136 (e) establish policies and procedures to include opportunities for education and research 137 on free speech and civic education. 138 (4) Beginning on or before July 1, 2025, the board shall report to the Higher Education 139 Appropriations Subcommittee on the status and allocation of appropriated funds for 140 student success and support. 141 (5) The Legislature shall, in a line item appropriation, appropriate ongoing funding to 142 support an institution's student success and support program in accordance with this 143 section. 144 (6)(a) On or before January 1, 2025, the board shall contract with a third-party 145 contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to 146 conduct a campus expression climate survey of each institution: 147 (i) to assess student, faculty, and staff perceptions of and experiences with an 148 institution's campus environment that measures the student's, faculty member's, 149 and staff member's perception of and experience with an institution's campus 150 environment; and 151 (ii) that measures the student's, faculty member's, and staff member's perception of 152 and experience with campus policy and practice regarding freedom of speech and 153 academic freedom at the institution. 154 (b) The board shall collect the results of each campus expression climate survey under 155 Subsection (6) and submit the results to the Office of Legislative Research and 156 General Counsel beginning on or before July 1. 157 (7)(a) The Office of Legislative Research and General Counsel shall provide a summary 158 report on the data collected from the campus expression climate surveys to the 159 Education Interim Committee on or before: 160 (i) November 1, 2027, for reports received in years 2025, 2026, and 2027; 161 (ii) November 1, 2030, for reports received in years 2028, 2029, and 2030; and 162 (iii) November 1, 2033, for reports received in years 2031, 2032, and 2033. 163 (b) On or before November 1, 2035, the Office of Legislative Research and General - 5 - H.B. 269 Enrolled Copy 164 Counsel shall provide a comprehensive report of the campus expression climate 165 surveys to the Education Interim Committee. 166 (8) Nothing in this section requires an individual to respond to a campus expression climate 167 survey. 168 (9) Nothing in this section limits or prohibits an institution's authority to establish policies 169 that: 170 (a) are necessary to comply with state or federal law, including laws relating to 171 prohibited discrimination or harassment; 172 (b) require disclosure of an employee's academic research, classroom teaching, or 173 coursework; or 174 (c) require for employment, tenure, or promotion to disclose or discuss the applicant's: 175 (i) research; 176 (ii) teaching agenda; 177 (iii) artistic creations; or 178 (iv) pedagogical approaches or experiences with students of all learning abilities. 179 (10) This section does not apply to: 180 (a) requirements necessary for athletic and accreditation compliance; 181 (b) academic research; 182 (c) academic course teaching in the classroom; 183 (d) a grant that would otherwise require: 184 (i) a department, office, division, or other unit of an institution to engage in a 185 prohibited discriminatory practice if the grant has been reviewed and approved by 186 the institution's board of trustees; or 187 (ii) an institution to engage in a prohibited discriminatory practice if the grant has 188 been reviewed and approved by the board; 189 (e) requirements necessary for an institution to establish or maintain eligibility for any 190 federal program; or 191 (f) private scholarships administered by an institution. 192 (11) Notwithstanding any other provision of this part, the University of Utah may take any 193 action required for the University of Utah to comply with the terms of an agreement 194 entered into between the University of Utah and the Ute Indian Tribe before July 1, 2024. 195 (12)(a) Beginning on July 1, 2025, the board shall conduct a biennial review of an 196 institution of higher education's compliance with this section as follows: 197 (i) for 2025, on each institution of higher education; and - 6 - Enrolled Copy H.B. 269 198 (ii) for 2026, and every year after, on one-half of the degree granting institutions of 199 higher education and one-half of the technical colleges. 200 (b) If the board identifies a violation of this section, the board shall: 201 (i) on or before 30 days after the day on which the board identifies the violation, 202 work with the institution to create a remediation plan; and 203 (ii) provide the institution 180 days after the day of the creation of the remediation 204 plan to cure the violation. 205 (13) On or before November 1 of each year, the board shall prepare and submit a report to 206 the Higher Education Appropriations Subcommittee on: 207 (a) the review process and each institution's compliance determination; or 208 (b) if a violation is identified, the remediation plan and progress under Subsection (12)(b). 209 (14) On or before December 1 of each year, the Higher Education Appropriations 210 Subcommittee shall: 211 (a) report the findings under Subsections (4) and (13) to the Legislature; and 212 (b) make appropriation recommendations about an institution's compliance with this 213 section. 214 (15) The Legislature may withhold future state appropriations to an institution that fails to 215 cure a violation of this section within the time provided under Subsection (12)(b). 216 (16) The board shall make rules in accordance with Title 63G, Chapter 3, Utah 217 Administrative Rulemaking Act, to establish a procedure for accepting and processing 218 an individual's complaint against an institution for an alleged violation of this section. 219 Section 2. Section 53B-1-411 is enacted to read: 220 53B-1-411 (Effective 06/01/25). Board guidance to degree-granting institutions 221 on student housing. 222 The board shall make policies or otherwise provide to each degree-granting institution 223 guidance regarding the institution's student housing, including: 224 (1) compliance with the requirements for sex-designated dwelling units within the 225 institution's student housing, as those terms are defined in Section 63G-31-305, and the 226 provision of dwelling units that are not sex-designated; and 227 (2) practices to ensure individual privacy within the institution's student housing. 228 Section 3. Section 53G-6-1005 is amended to read: 229 53G-6-1005 (Effective upon governor's approval). Reasonable accommodations. 230 Nothing in this part prohibits an athletic association, LEA, or school from adopting 231 reasonable safety and privacy rules and policies that designate facilities, including restrooms, - 7 - H.B. 269 Enrolled Copy 232 shower facilities, and dressing facilities[, provided that] if the rules and policies described in 233 this section afford reasonable accommodations based on gender identity to all students in 234 compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex. 235 Section 4. Section 57-21-3 is amended to read: 236 57-21-3 (Effective 06/01/25). Exemptions -- Sale by private individuals -- 237 Nonprofit organizations -- Noncommercial transactions. 238 (1) This chapter does not apply to a single-family dwelling unit sold or rented by its owner 239 if: 240 (a) the owner does not own an interest in four or more single-family dwelling units held 241 for sale or lease at the same time; 242 (b) during a 24-month period, the owner does not sell two or more single-family 243 dwelling units in which the owner was not residing or was not the most recent 244 resident at the time of sale; 245 (c) the owner does not retain or use the facilities or services of a real estate broker or 246 salesperson; and 247 (d) the owner does not use a discriminatory housing practice under Subsection 57-21-5 248 (2) in the sale or rental of the dwelling. 249 (2) This chapter does not apply to a dwelling or a temporary or permanent residence facility 250 if: 251 (a) the discrimination is by sex, as defined in Section 68-3-12.5, sexual orientation, 252 gender identity, or familial status for reasons of personal modesty or privacy, or in 253 the furtherance of a religious institution's free exercise of religious rights under the 254 First Amendment of the United States Constitution or the Utah Constitution; and 255 (b) the dwelling or the temporary or permanent residence facility is: 256 (i) operated by a nonprofit or charitable organization; 257 (ii) owned by, operated by, or under contract with a religious organization, a religious 258 association, a religious educational institution, or a religious society; 259 (iii) owned by, operated by, or under contract with an affiliate of an entity described 260 in Subsection (2)(b)(ii); or 261 (iv) owned by or operated by a person under contract with an entity described in 262 Subsection (2)(b)(ii). 263 (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a room in 264 a single-family dwelling by an owner-occupant of the single-family dwelling to another 265 person if: - 8 - Enrolled Copy H.B. 269 266 (a) the dwelling is designed for occupancy by four or fewer families; and 267 (b) the owner-occupant resides in one of the units. 268 (4)(a)(i) Unless membership in a religion is restricted by race, color, sex, or national 269 origin, this chapter does not prohibit an entity described in Subsection (4)(a)(ii) 270 from: 271 (A) limiting the sale, rental, or occupancy of a dwelling or temporary or 272 permanent residence facility the entity owns or operates for primarily 273 noncommercial purposes to persons of the same religion; or 274 (B) giving preference to persons of the same religion when selling, renting, or 275 selecting occupants for a dwelling, or a temporary or permanent residence 276 facility, the entity owns or operates for primarily noncommercial purposes. 277 (ii) The following entities are entitled to the exemptions described in Subsection 278 (4)(a)(i): 279 (A) a religious organization, association, or society; or 280 (B) a nonprofit institution or organization operated, supervised, or controlled by or 281 in conjunction with a religious organization, association, or society. 282 (b)(i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from: 283 (A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or 284 permanent residence facility, the entity owns or operates to persons of a 285 particular religion, sex, sexual orientation, or gender identity; or 286 (B) giving preference to persons of a particular religion, sex, sexual orientation, or 287 gender identity when selling, renting, or selecting occupants for a dwelling, or 288 a temporary or permanent residence facility, the entity owns or operates. 289 (ii) The following entities are entitled to the exemptions described in Subsection 290 (4)(b)(i): 291 (A) an entity described in Subsection (4)(a)(ii); and 292 (B) a person who owns a dwelling, or a temporary or permanent residence facility, 293 that is under contract with an entity described in Subsection (4)(a)(ii). 294 (5)(a) If the conditions of Subsection (5)(b) are met, this chapter does not prohibit a 295 private club not open to the public, including a fraternity or sorority associated with 296 an institution of higher education, from: 297 (i) limiting the rental or occupancy of lodgings to members; or 298 (ii) giving preference to its members. 299 (b) This Subsection (5) applies only if the private club owns or operates the lodgings as - 9 - H.B. 269 Enrolled Copy 300 an incident to its primary purpose and not for a commercial purpose. 301 (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and 302 conditions, including financial obligations, of a lease, rental agreement, contract of 303 purchase or sale, mortgage, trust deed, or other financing agreement. 304 (7) This chapter does not prohibit a nonprofit educational institution, including a 305 degree-granting institution of higher education listed in Subsection 53B-1-102(1)(a), 306 from: 307 (a) requiring its single students to live in a dwelling, or a temporary or permanent 308 residence facility, that is owned by, operated by, or under contract with the nonprofit 309 educational institution; 310 (b) segregating a dwelling, or a temporary or permanent residence facility, that is owned 311 by, operated by, or under contract with the nonprofit educational institution on the 312 basis of sex, as defined in Section 68-3-12.5, regardless of gender identity, or familial 313 status or both: 314 (i) for reasons of personal modesty or privacy; or 315 (ii) in the furtherance of a religious institution's free exercise of religious rights under 316 the First Amendment of the United States Constitution or the Utah Constitution; or 317 (c) otherwise assisting another person in making a dwelling, or a temporary or 318 permanent residence facility, available to students on a sex-segregated basis as may 319 be permitted by: 320 (i) regulations implementing the federal Fair Housing Amendments Act of 1988; 321 (ii) Title IX of the Education Amendments of 1972; or 322 (iii) other applicable law. 323 (8) This chapter does not prohibit any reasonable local, state, or federal restriction 324 regarding the maximum number of occupants permitted to occupy a dwelling. 325 (9) A provision of this chapter that pertains to familial status does not apply to the 326 existence, development, sale, rental, advertisement, or financing of an apartment 327 complex, condominium, or other housing development designated as housing for older 328 persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended. 329 Section 5. Section 63G-31-101 is amended to read: 330 63G-31-101 (Effective 06/01/25). Definitions. 331 As used in this chapter: 332 (1)(a) "Changing room" means a space designated for multiple individuals to dress or 333 undress within the same space. - 10 - Enrolled Copy H.B. 269 334 (b) "Changing room" includes: 335 (i) a dressing room, fitting room, locker room, or shower room; and 336 (ii) a restroom when a changing room contains or is attached to the restroom. 337 (2)(a) "Facility" means a publicly owned or controlled building, structure, or other 338 improvement. 339 (b) "Facility" includes a subset of a publicly owned or controlled building, structure, or 340 other improvement, including a restroom or locker room. 341 (3) "Government entity" means[:] the same as that term is defined in Section 63G-2-103. 342 [(a) the state; or] 343 [(b) any county, municipality, special district, special service district, or other political 344 subdivision or administrative unit of the state, including:] 345 [(i) a state institution of higher education as defined in Section 53B-2-101; or] 346 [(ii) a local education agency as defined in Section 53G-7-401.] 347 (4) "Intersex individual" means the same as that term is defined in Section 26B-8-101. 348 (5) "Men's restroom" means a restroom that is designated for the exclusive use of males and 349 not females. 350 (6)(a) "Open to the general public" means that a privacy space is: 351 (i) freely accessible to a member of the general public; 352 (ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a 353 membership fee, or otherwise paid to access the facility containing the relevant 354 privacy space; or 355 (iii) accessible to a student of an institution of higher education described in Section 356 52B-2-101[, ] : 357 (A) either freely or as described in Subsection (6)(a)(ii)[.] ; or 358 (B) within student housing as defined in Section 63G-31-305. 359 (b) "Open to the general public" does not include a privacy space that is: 360 (i) only accessible to employees of a government entity; or 361 (ii) any area that is not normally accessible to the public. 362 (7) "Privacy space" means a restroom or changing room within a publicly owned or 363 controlled facility, where an individual has a reasonable expectation of privacy. 364 (8) "Publicly owned or controlled" means that a government entity has at least a partial 365 ownership interest in or has control of a facility, program, or event. 366 (9)(a) "Restroom" means any space that includes a toilet. 367 (b) "Restroom" includes: - 11 - H.B. 269 Enrolled Copy 368 (i) sex-designated men's restrooms; 369 (ii) sex-designated women's restrooms; 370 (iii) unisex restrooms; and 371 (iv) single-occupant restrooms. 372 (10) "Sex-designated" means that a facility, program, or event is designated specifically for 373 males or females and not the opposite sex. 374 (11) "Single-occupant" means, in relation to a single-occupant facility or privacy space, that 375 the facility or privacy space: 376 (a) has floor-to-ceiling walls; 377 (b) has an entirely encased and locking door; and 378 (c) is designated for single occupancy. 379 (12) "Unamended birth certificate" means a birth certificate: 380 (a) with no amendment history; or 381 (b) with an amendment history that: 382 (i) does not include gender-related amendments; or 383 (ii) includes gender-related amendments that only: 384 (A) correct an error or omission resulting from a scrivener's error under 385 Subsection 26B-8-107(2); or 386 (B) correct a misidentification of birth sex for an intersex individual under 387 Subsection 26B-8-107(3). 388 [(12)] (13) "Unisex" means, in relation to a unisex facility or privacy space, that the facility 389 or privacy space: 390 (a) is designated for the use of both sexes; or 391 (b) is not sex-designated. 392 [(13)] (14) "Women's restroom" means a restroom that is designated for the exclusive use of 393 females and not males. 394 Section 6. Section 63G-31-201 is amended to read: 395 63G-31-201 (Effective upon governor's approval). Distinctions on the basis of 396 sex. 397 (1) A government entity may not, on the basis of sex, exclude an individual from 398 participation in, deny an individual from the benefits of, or subject an individual to a 399 sex-based distinction in or under any government or otherwise publicly owned or 400 controlled facility, program, or event, unless the distinction is substantially related to an 401 important government objective. - 12 - Enrolled Copy H.B. 269 402 (2) Each government entity shall ensure the preservation of distinctions on the basis of sex 403 that protect individual privacy and competitive opportunity, as described in this chapter. 404 (3)(a) As used in this Subsection (3), "athletic facility" does not include a privacy space. 405 (b) To preserve the individual privacy and competitive opportunity of females, an 406 individual is not entitled to and may not access, use, or benefit from a government 407 entity's athletic facility, program, or event if: 408 (i) the facility, program, or event is designated for females; and 409 (ii) the individual is not female. 410 (c) To preserve the individual privacy and competitive opportunity of males, an 411 individual is not entitled to and may not access, use, or benefit from a government 412 entity's athletic facility, program, or event if: 413 (i) the facility, program, or event is designated for males; and 414 (ii) the individual is not male. 415 (4) [Notwithstanding ]Subsections (1) through (3)[, this chapter does] and Subsection 416 63G-31-204(4) do not apply to: 417 (a) a determination of the School Activity Eligibility Commission, created in Section 418 53G-6-1003, regarding a student's athletic eligibility; or 419 (b) [in the context of] the participation of a student[ who] , if the student has obtained the 420 eligibility approval of the commission under Subsection 53G-6-1004(2)[ to participate] , 421 in a gender-designated interscholastic activity that does not correspond with the sex 422 designation on the student's birth certificate, as those terms are defined in Section 423 53G-6-1001. 424 Section 7. Section 63G-31-202 is amended to read: 425 63G-31-202 (Effective 06/01/25). Sex-based distinctions to protect individual 426 privacy. 427 A distinction on the basis of sex that provides separate accommodations for the sexes is 428 substantially related to the important government objective of protecting individual privacy, 429 including in the following contexts: 430 (1) a privacy space;[ and] 431 (2) a correctional facility as defined in Section 77-16b-102[.] ; and 432 (3) multi-occupancy sex-designated publicly owned dwellings. 433 Section 8. Section 63G-31-301 is amended to read: 434 63G-31-301 (Effective upon governor's approval). Sex-designated privacy spaces 435 in public schools. - 13 - H.B. 269 Enrolled Copy 436 (1) To preserve the individual privacy of male and female students in the public education 437 system, a student may only access an operational sex-designated privacy space within a 438 public school that is designated for student use if the student's sex corresponds with the 439 sex designation of the privacy space. 440 (2) For a student who makes a request to use a privacy space other than the sex-designated 441 privacy space that corresponds with the student's sex because of the student's gender 442 identity, as defined in Section 34A-5-102, or reasonable fear of bullying, the local 443 education agency, as defined in Section 53E-1-102, shall coordinate with the student's 444 parent or legal guardian to develop a privacy plan that provides the student with: 445 (a)(i) reasonable access to a unisex or single-occupant facility; or 446 (ii) reasonable access to a faculty or staff restroom; or 447 (b) if the access described in Subsection (2)(a) is unavailable, reasonable access to 448 private use of an otherwise sex-designated privacy space through staggered 449 scheduling or another policy provision that provides for temporary private access. 450 (3) An LEA satisfies the LEA's duties regarding student use of a privacy space under this 451 chapter if the LEA: 452 (a) gives notice to students of the provisions of this section; 453 (b) takes administrative action to address violations of and promote compliance with this 454 section; and 455 (c) develops a privacy plan in accordance with Subsection (2). 456 (4) An individual may use[ the following evidence] , as a defense to an allegation that the 457 student is not eligible to access and use a sex-designated privacy space under Subsection 458 (1)[:] , 459 [(a)] the student's unamended birth certificate that corresponds with the sex designation 460 of privacy space, which may be supported with a review of any amendment history 461 obtained under Section 26B-8-125[; or] . 462 [(b) documentation of a medical treatment or procedure that is consistent only with the 463 sex designation of the privacy space.] 464 (5) Subsection (1) does not apply to: 465 (a) a unisex or single-occupant facility; or 466 (b) an intersex individual. 467 Section 9. Section 63G-31-302 is amended to read: 468 63G-31-302 (Effective upon governor's approval). Sex-designated changing 469 rooms in publicly owned facilities open to the general public. - 14 - Enrolled Copy H.B. 269 470 (1)(a) Except as provided in Subsection (1)(b), to preserve the individual privacy of 471 males and females, an individual may only access an operational sex-designated 472 changing room in a government entity's facility that is open to the general public if: 473 (i) the individual's sex corresponds with the sex designation of the changing room; or 474 (ii) the individual has: 475 (A) legally amended the individual's birth certificate to correspond with the sex 476 designation of the changing room, which may be supported with a review of 477 any amendment history obtained under Section 26B-8-125; and 478 (B) undergone a primary sex characteristic surgical procedure as defined in 479 Section 58-67-102 to correspond with the sex designation of the changing 480 room. 481 (b) Subsection (1)(a) does not apply to: 482 (i) a minor child who requires assistance to access or use the changing room that 483 corresponds with the sex of the minor's parent, guardian, or relative; 484 (ii) a dependent minor, as defined in Section 76-5-110, or a dependent adult, as 485 defined in Section 76-5-111 who requires assistance to access or use the changing 486 room that corresponds with the sex of a caretaker; 487 (iii) an individual providing public safety services, including law enforcement, 488 emergency medical services as defined in Section 26B-4-101, and fire protection; 489 (iv) an employee of a health care facility, as defined in Section 26B-2-201, to provide 490 health care services to a patient of the health care facility; or 491 (v) an individual whose employment duties include the maintenance or cleaning of 492 the changing room. 493 (2) An individual in a changing room has a reasonable expectation of privacy, satisfying the 494 privacy element of the offense of voyeurism in Section 76-9-702.7. 495 (3) An individual who knowingly enters a changing room in violation of Subsection (1) 496 commits the offense of criminal trespass under Section 76-6-206 if the individual enters 497 or remains in the changing room under circumstances which a reasonable person would 498 expect to likely cause affront or alarm to, on, or in the presence of another individual. 499 (4) The surgical provision described in Subsection (1)(a)(ii) does not shield an individual 500 from the offense of lewdness related to genitalia under Subsection 76-9-702(3) or 501 76-9-702.5(4). 502 (5) An individual may use the following evidence as a defense against an allegation that the 503 individual is not eligible to access and use a sex-designated changing room under - 15 - H.B. 269 Enrolled Copy 504 Subsection (1): 505 (a) for an individual whose birth sex corresponds with the sex designation of the 506 changing room[:] , 507 [(i)] an individual's unamended birth certificate that corresponds with the sex 508 designation of the changing room, which may be supported with a review of any 509 amendment history obtained under Section 26B-8-125; or 510 [(ii) documentation of a medical treatment or procedure that is consistent only with 511 the sex designation of the changing room; or] 512 (b) for an individual whose birth sex does not correspond with the sex designation of the 513 changing room: 514 (i) the individual's amended birth certificate, which may be supported with a review 515 of any amendment history obtained under Section 26B-8-125; and 516 (ii) documentation that demonstrates that the individual has undergone a primary sex 517 characteristic surgical procedure as defined in Section 58-67-102. 518 (6) Subsection (1) does not apply to: 519 (a) a unisex or single-occupant facility; 520 (b) a changing room that is not open to the general public; or 521 (c) an intersex individual. 522 Section 10. Section 63G-31-304 is amended to read: 523 63G-31-304 (Effective 06/01/25). Government entity facility compliance. 524 (1) Except as provided under Section 53G-8-211, a government entity shall contact law 525 enforcement if the entity receives a complaint or allegation regarding the following 526 within a privacy space in a facility that is open to the general public: 527 (a) an offense of lewdness under Section 76-9-702; 528 (b) an offense of lewdness involving a child under Section 76-9-702.5; 529 (c) voyeurism under Section 76-9-702.7; 530 (d) loitering in a privacy space under Section 76-9-702.8; or 531 (e) for a changing room described in Section 63G-31-302, an offense of criminal 532 trespass under Subsection 63G-31-302(2). 533 (2) To preserve the individual privacy of males and females in privacy spaces: 534 (a) a government entity that has administrative control over access to a given facility 535 with a privacy space that is open to the general public shall adopt a privacy 536 compliance plan to address compliance with the government entity's duties under this 537 chapter; - 16 - Enrolled Copy H.B. 269 538 (b) for construction of a new facility[, a] with a privacy space that is open to the general 539 public, the government entity that has authority over construction or remodeling of 540 the facility shall ensure that the new construction includes a single-occupant facility; 541 and 542 (c) for existing privacy spaces, [a] the government entity that has authority over 543 construction or remodeling of the facility that contains the privacy space: 544 (i) shall consider the feasibility of retrofitting or remodeling to include: 545 (A) floor-to-ceiling walls and doors or similar privacy protections; 546 (B) curtains; or 547 (C) other methods of improving individual privacy within the facility that are 548 comparable to the methods described in Subsections (2)(a)(i) and (ii); and 549 (ii) may reduce the number of fixtures that state law requires by up to 20% to provide 550 adequate space for the retrofitting or remodeling described in Subsection (2)(a). 551 (3) [A] The government entity with authority regarding the design of a facility with a 552 privacy space that is open to the general public shall ensure sufficient sex-designated 553 privacy spaces through compliance with Sections 15A-3-112 and 15A-3-304 regarding 554 unisex facilities. 555 Section 11. Section 63G-31-305 is enacted to read: 556 63G-31-305 (Effective 06/01/25). Higher education student housing. 557 (1) As used in this section: 558 (a) "Degree-granting institution" means the same as that term is defined in Section 559 53B-1-101.5. 560 (b) "Dwelling unit" means the same as that term is defined in Section 15A-5-102. 561 (c) "Student housing" means housing that a degree-granting institution publicly owns or 562 controls. 563 (2) To preserve the individual privacy of males and females, a degree-granting institution 564 that provides student housing may only rent to, assign, or otherwise place an individual 565 in a dwelling unit that is sex-designated within the institution's student housing if the 566 individual's sex corresponds with the sex designation of the dwelling unit within the 567 institution's student housing. 568 (3) An individual may use the following evidence as a defense against an allegation that the 569 individual is not eligible for renting, assignment, or placement in a sex-designated 570 dwelling unit under Subsection (2): an individual's unamended birth certificate that 571 corresponds with the sex designation of the dwelling unit, which may be supported with - 17 - H.B. 269 Enrolled Copy 572 a review of any amendment history obtained under Section 26B-8-125. 573 (4) Subsection (2) does not apply to: 574 (a) dwelling units within student housing that the institution designates as unisex or 575 single-occupant; or 576 (b) an intersex individual. 577 (5) Nothing in this section prohibits a degree-granting institution from offering a dwelling 578 unit in student housing that is not sex-designated if the institution only assigns or places 579 an individual in the dwelling unit who seeks a dwelling unit that is not sex-designated. 580 Section 12. Effective Date. 581 (1) Except as provided in Subsection (2), this bill takes effect June 1, 2025. 582 (2)(a) The actions affecting sections described in Subsection (2)(b) take effect: 583 (i) except as provided in Subsection (2)(a)(ii), May 7, 2025; or 584 (ii) if approved by two-thirds of all members elected to each house: 585 (A) upon approval by the governor; 586 (B) without the governor's signature, the day following the constitutional time 587 limit of Utah Constitution, Article VII, Section 8; or 588 (C) in the case of a veto, the date of veto override. 589 (b) Subsection (2)(a) applies to the actions affecting the following sections: 590 (i) Section 63G-31-301 (Effective upon governor's approval); 591 (ii) Section 53G-6-1005 (Effective upon governor's approval); 592 (iii) Section 63G-31-201 (Effective upon governor's approval); and 593 (iv) Section 63G-31-302 (Effective upon governor's approval). - 18 -