Text of UT HB 3002 (2022)

H.B. 3002 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M.E. Curtis 6 6 03-25-22 1:35 PM 6 H.B. 3002 1 TRANSGENDER STUDENT ATHLETE PARTICIPATION 2 AMENDMENTS 3 2022 THIRD SPECIAL SESSION 4 STATE OF UTAH 5 Chief Sponsor: Karen Kwan 6 Senate Sponsor: Luz Escamilla 7 Cosponsors: 8 Gay Lynn Bennion 9 Joel K. Briscoe 10 Clare Collard 11 Jennifer Dailey-Provost Sandra Hollins Brian S. King Rosemary T. Lesser Carol Spackman Moss Doug Owens Andrew Stoddard Elizabeth Weight Mark A. Wheatley 12 13 LONG TITLE 14 General Description: 15 This bill enacts provisions to codify an existing athletic association policy regarding 16 transgender student athlete participation. 17 Highlighted Provisions: 18 This bill: 19 < defines terms; 20 < establishes which students may participate on which gender-designated sports 21 teams; 22 < allows a transgender student to participate on a gender-designated sports team under 23 certain conditions after the student's local education agency and school make an 24 eligibility determination that allows the student's participation; 25 < requires a local education agency and school to verify compliance with the 26 provisions of this bill when submitting a gender-designated team roster to an *HB3002* H.B. 3002 03-25-22 1:35 PM - 2 - 27 athletic association; 28 < allows an athletic association to rely on the verification described in the above 29 paragraph; 30 < requires certain biennial reporting to the Education Interim Committee; 31 < provides for indemnification regarding limitations on student participation in 32 gender-designated sports; 33 < provides that a local education agency or school is responsible for enforcement of 34 limitations on student participation in gender-designated sports; 35 < provides for severability; and 36 < repeals H.B. 11, Student Eligibility in Interscholastic Activities, which the 37 Legislature passed during the 2022 General Session. 38 Money Appropriated in this Bill: 39 This bill appropriates in fiscal year 2023: 40 < To the Attorney General - Attorney General - Civil as a one-time appropriation: 41 C From the General Fund, One-time, $500,000. 42 Other Special Clauses: 43 This bill provides a special effective date. 44 Utah Code Sections Affected: 45 ENACTS: 46 53G-6-1101, Utah Code Annotated 1953 47 53G-6-1102, Utah Code Annotated 1953 48 53G-6-1103, Utah Code Annotated 1953 49 53G-6-1104, Utah Code Annotated 1953 50 53G-6-1105, Utah Code Annotated 1953 51 Uncodified Material Affected: 52 ENACTS UNCODIFIED MATERIAL 53 54 Be it enacted by the Legislature of the state of Utah: 55 Section 1. Section 53G-6-1101 is enacted to read: 56 53G-6-1101. Definitions. 57 As used in this part: 03-25-22 1:35 PM H.B. 3002 - 3 - 58 (1) "Athletic association" means an association, as that term is defined in Section 59 53G-7-1101. 60 (2) "Female-designated" means that an interscholastic athletic activity is designated 61 specifically for female students. 62 (3) "Female student" means a student with a sex designation of female on the student's 63 birth certificate. 64 (4) "Gender-designated" means that an interscholastic athletic activity is designated 65 specifically for female or male students. 66 (5) "Gender identity" means the same as that term is defined in Section 34A-5-102. 67 (6) "Interscholastic athletic activity" means an activity in which a student represents the 68 student's school in the activity in competition against another school. 69 (7) "Male-designated" means that an interscholastic athletic activity is designated 70 specifically for male students. 71 (8) "Male student" means a student with a sex designation of male on the student's 72 birth certificate. 73 (9) "Student" means a student who is enrolled in a school that chooses to participate in 74 interscholastic athletic activities through an athletic association. 75 Section 2. Section 53G-6-1102 is enacted to read: 76 53G-6-1102. Transgender student athlete participation in interscholastic athletic 77 activities. 78 (1) For the protection of competitive balance and the integrity of women's sports, and 79 except as provided in Subsection (2): 80 (a) if an LEA or school sponsors gender-designated teams in a given sport for both 81 males and females as an interscholastic athletic activity: 82 (i) female students may only participate on the female-designated team; and 83 (ii) male students may only participate on the male-designated team; and 84 (b) if an LEA or school sponsors only a single team in a given sport as an 85 interscholastic athletic activity: 86 (i) female students may participate on male-designated teams; and 87 (ii) male students may not participate on female-designated teams. 88 (2) (a) Notwithstanding Subsection (1), with the consent of the student's parent or legal H.B. 3002 03-25-22 1:35 PM - 4 - 89 guardian, a student may participate on a gender-designated sports team that is inconsistent with 90 the sex designation on the student's original birth certificate and that is consistent with the 91 student's public gender identity for all other purposes if the relevant LEA makes a 92 determination that the student is eligible to participate on the gender-designated team in 93 accordance with this Subsection (2). 94 (b) The relevant LEA and school shall make a determination of a student's eligibility to 95 participate on a gender-designated team for a particular season: 96 (i) in accordance with the eligibility provisions described in Subsection (2)(c); 97 (ii) after considering the evidence described in Subsection (2)(d); and 98 (iii) based on the student's: 99 (A) gender identification in current school records; and 100 (B) gender identify in the student's daily life activities in the school and community at 101 the time that the student's eligibility is determined. 102 (c) (i) The following students are only eligible to participate on a male-designated 103 team: 104 (A) a female-to-male transgender student who is taking a medically prescribed 105 hormone treatment under a physician's care for the purpose of the student's gender transition; 106 and 107 (B) a male-to-female transgender student who is not taking hormone treatment related 108 to the student's gender transition. 109 (ii) A male-to-female transgender student athlete who is taking a medically prescribed 110 hormone treatment under a physician's care for the purpose of the student's gender transition: 111 (A) is eligible to participate on a male-designated team at any time; and 112 (B) is only eligible to participate on a female-designated team after completing one 113 year of hormone treatment related to the student's gender transition. 114 (d) An LEA and school making an eligibility determination described in Subsection 115 (2)(b) shall base the eligibility determination upon the following types of evidence: 116 (i) a complete list of all the student's prescribed, non-prescribed or over the counter, 117 treatments or medications; 118 (ii) written verification from a licensed doctor, psychiatrist, or psychologist of the 119 student's consistent gender identity and expression; and 03-25-22 1:35 PM H.B. 3002 - 5 - 120 (iii) any other pertinent documentation or information which the student or the 121 student's parent or legal guardian believes relevant and appropriate. 122 (e) (i) An LEA and school shall verify compliance with this section when submitting a 123 gender-designated team roster to an athletic association. 124 (ii) An athletic association may rely on a verification described in Subsection (2)(e)(i) 125 as an acknowledgment that: 126 (A) the school and the school's principal have determined that the students listed on a 127 gender-designated team are eligible for participation in accordance with this section; and 128 (B) the LEA has determined that the expression of the student's gender identity is bona 129 fide and not for the purpose of gaining an unfair advantage in competitive athletics. 130 (3) A student may not participate in practices or try out for gender-designated teams for 131 which the student is ineligible under this section. 132 (4) Nothing in this section: 133 (a) entitles a student to be selected on any particular team; or 134 (b) permits a student to transfer from one gender-designated team to a team designated 135 for another gender during a sports season. 136 (5) After a student and the student's relevant LEA and school address the issue of the 137 student's gender identity, the determination shall remain consistent for the remainder of the 138 student's school sports eligibility. 139 Section 3. Section 53G-6-1103 is enacted to read: 140 53G-6-1103. Reporting. 141 Beginning in 2023, and during each odd-numbered year, the following shall report to 142 the Education Interim Committee regarding compliance with this part: 143 (1) an athletic association of which the highest number of schools within the state are 144 members; 145 (2) the Utah School Boards Association described in Section 53G-4-502; 146 (3) an association that represents LEA superintendents; and 147 (4) the state board. 148 Section 4. Section 53G-6-1104 is enacted to read: 149 53G-6-1104. Severability. 150 (1) If any provision of this part or the application of any provision of this part to any H.B. 3002 03-25-22 1:35 PM - 6 - 151 person or circumstance is held invalid by a final decision of a court of competent jurisdiction, 152 the remainder of this part shall be given effect without the invalidated provision or application. 153 (2) The provisions of this part are severable. 154 Section 5. Section 53G-6-1105 is enacted to read: 155 53G-6-1105. Indemnification -- Enforcement. 156 (1) The state shall defend, indemnify, and hold harmless a person acting under color of 157 state law to enforce this part for any claims or damages, including court costs and attorney fees, 158 that: 159 (a) are brought or incurred as a result of this part; and 160 (b) are not covered by the person's insurance policies or by any coverage agreement 161 issued by the State Risk Management Fund. 162 (2) An LEA or school within the public education system with a team that competes in 163 an interscholastic athletic activity is responsible for the enforcement of this part in relation to 164 the LEA's or school's teams. 165 Section 6. Repeal. 166 H.B. 11, Laws of Utah 2022, Chapter 478 is repealed. 167 Section 7. Appropriation. 168 The following sums of money are appropriated for the fiscal year beginning July 1, 169 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for 170 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures 171 Act, the Legislature appropriates the following sums of money from the funds or accounts 172 indicated for the use and support of the government of the state of Utah. 173 ITEM 1 174 To Attorney General - Attorney General 175 From General Fund, One-time 500,000 176 Schedule of Programs: 177 Civil 500,000 178 The Legislature intends that appropriations provided under this section be used for the 179 purposes described in Section 53G-6-1105. Under Section 63J-1-603, appropriations provided 180 under this section do not lapse at the close of fiscal year 2023. The use of any nonlapsing funds 181 is limited to the indemnification described in Section 53G-6-904. 03-25-22 1:35 PM H.B. 3002 - 7 - 182 Section 8. Effective date. 183 This bill takes effect on July 1, 2022.