Text of UT HB 3001 (2022)

H.B. 3001 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M.E. Curtis 6 6 03-24-22 10:47 AM 6 H.B. 3001 1 SEX-DESIGNATED INTERSCHOLASTIC ATHLETICS 2 INDEMNIFICATION 3 2022 THIRD SPECIAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Kera Birkeland 6 Senate Sponsor: Curtis S. Bramble 7 8 LONG TITLE 9 General Description: 10 This bill addresses liability regarding state limitations on student competition in 11 interscholastic athletic activities designated for students of the female sex. 12 Highlighted Provisions: 13 This bill: 14 < provides for indemnification regarding state limitations on student competition in 15 interscholastic athletic activities designated for students of the female sex; and 16 < provides that a local education agency or school is responsible for enforcement of 17 state limitations on student competition in interscholastic athletic activities 18 designated for students of the female sex. 19 Money Appropriated in this Bill: 20 This bill appropriates in fiscal year 2023: 21 < To the Attorney General - Attorney General - Civil as a one-time appropriation: 22 C From the General Fund, One-time, $500,000. 23 Other Special Clauses: 24 This bill provides a special effective date. 25 Utah Code Sections Affected: 26 ENACTS: 27 53G-6-904, Utah Code Annotated 1953 *HB3001* H.B. 3001 03-24-22 10:47 AM - 2 - 28 29 Be it enacted by the Legislature of the state of Utah: 30 Section 1. Section 53G-6-904 is enacted to read: 31 53G-6-904. Indemnification -- Enforcement. 32 (1) The state shall indemnify and hold harmless a person acting under color of state 33 law to enforce this part for any claims or damages, including court costs and attorney fees, that: 34 (a) are brought or incurred as a result of an action required of the person under this 35 part; and 36 (b) are not covered by the person's insurance policies or by any coverage agreement 37 issued by the State Risk Management Fund. 38 (2) An LEA or school within the public education system with a team that competes in 39 an interscholastic athletic activity is responsible for the enforcement of this part in relation to 40 the LEA's or school's teams. 41 Section 2. Appropriation. 42 The following sums of money are appropriated for the fiscal year beginning July 1, 43 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for 44 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures 45 Act, the Legislature appropriates the following sums of money from the funds or accounts 46 indicated for the use and support of the government of the state of Utah. 47 ITEM 1 48 To Attorney General - Attorney General 49 From General Fund, One-time 500,000 50 Schedule of Programs: 51 Civil 500,000 52 The Legislature intends that appropriations provided under this section be used for the 53 indemnification described in Section 53G-6-904. Under Section 63J-1-603 appropriations 54 provided under this section do not lapse at the close of fiscal year 2023. The use of any 55 nonlapsing funds is limited to the indemnification described in Section 53G-6-904. 56 Section 3. Effective date. 57 This bill takes effect on July 1, 2022.

Enrolled Copy H.B. 3001 1 SEX-DESIGNATED INTERSCHOLASTIC ATHLETICS 2 INDEMNIFICATION 3 2022 THIRD SPECIAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Kera Birkeland 6 Senate Sponsor: Curtis S. Bramble 7 8 LONG TITLE 9 General Description: 10 This bill addresses liability regarding state limitations on student competition in 11 interscholastic athletic activities designated for students of the female sex. 12 Highlighted Provisions: 13 This bill: 14 < provides for defense and indemnification regarding state limitations on student 15 competition in interscholastic athletic activities designated for students of the 16 female sex; and 17 < provides that a local education agency or school is responsible for enforcement of 18 state limitations on student competition in interscholastic athletic activities 19 designated for students of the female sex. 20 Money Appropriated in this Bill: 21 This bill appropriates in fiscal year 2023: 22 < To the Attorney General - Attorney General - Civil as a one-time appropriation: 23 C From the General Fund, One-time, $500,000. 24 Other Special Clauses: 25 This bill provides a special effective date. 26 Utah Code Sections Affected: 27 ENACTS: 28 53G-6-904, Utah Code Annotated 1953 H.B. 3001 Enrolled Copy - 2 - 29 53G-6-1007, Utah Code Annotated 1953 30 31 Be it enacted by the Legislature of the state of Utah: 32 Section 1. Section 53G-6-904 is enacted to read: 33 53G-6-904. Indemnification -- Enforcement. 34 (1) The state shall defend, indemnify, and hold harmless a person acting under color of 35 state law to enforce this part for any claims or damages, including court costs and attorney fees, 36 that: 37 (a) are brought or incurred as a result of this part; and 38 (b) are not covered by the person's insurance policies or by any coverage agreement 39 issued by the State Risk Management Fund. 40 (2) An LEA or school within the public education system with a team that competes in 41 an interscholastic athletic activity is responsible for the enforcement of this part in relation to 42 the LEA's or school's teams. 43 Section 2. Section 53G-6-1007 is enacted to read: 44 53G-6-1007. Indemnification -- Enforcement. 45 (1) The state shall defend, indemnify, and hold harmless a person acting under color of 46 state law to enforce this part for any claims or damages, including court costs and attorney fees, 47 that: 48 (a) are brought or incurred as a result of this part; and 49 (b) are not covered by the person's insurance policies or by any coverage agreement 50 issued by the State Risk Management Fund. 51 (2) An LEA or school within the public education system with a team that competes in 52 an interscholastic athletic activity is responsible for the enforcement of this part in relation to 53 the LEA's or school's teams. 54 Section 3. Appropriation. 55 The following sums of money are appropriated for the fiscal year beginning July 1, Enrolled Copy H.B. 3001 - 3 - 56 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for 57 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures 58 Act, the Legislature appropriates the following sums of money from the funds or accounts 59 indicated for the use and support of the government of the state of Utah. 60 ITEM 1 61 To Attorney General - Attorney General 62 From General Fund, One-time 500,000 63 Schedule of Programs: 64 Civil 500,000 65 The Legislature intends that appropriations provided under this section be used for the 66 purposes described in Sections 53G-6-904 and 53G-6-1007. Under Section 63J-1-603, 67 appropriations provided under this section do not lapse at the close of fiscal year 2023. The use 68 of any nonlapsing funds is limited to the indemnification described in Section 53G-6-904. 69 Section 4. Effective date. 70 This bill takes effect on July 1, 2022.