Text of UT HB 424 (2025)

02-05 15:12 H.B. 424 1 School Activity Eligibility Commission Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Nelson T. Abbott Senate Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions regarding the School Activity Eligibility Commission 6 (commission). 7 Highlighted Provisions: 8 This bill: 9 ▸ broadens the scope of available appointees to the commission; 10 ▸ modifies quorum requirements for the commission; 11 ▸ modifies a requirement to establish certain baseline ranges; 12 ▸ provides that an eligibility determination of the commission is for a given school year; 13 ▸ provides a standard of proof for eligibility determinations of the commission; 14 ▸ prohibits public schools from participating with an athletic association that does not 15 provide administrative staff support to the commission; 16 ▸ provides for the scheduling of commission meetings throughout the school year with 17 certain submission deadlines and ad-hoc meetings for students who do not meet certain 18 deadlines; and 19 ▸ makes technical and conforming changes. 20 Money Appropriated in this Bill: 21 None 22 Other Special Clauses: 23 None 24 Utah Code Sections Affected: 25 AMENDS: 26 53G-6-1001, as last amended by Laws of Utah 2023, Chapter 340 27 53G-6-1003, as last amended by Laws of Utah 2024, Chapter 524 28 53G-6-1004, as last amended by Laws of Utah 2024, Chapter 524 29 53G-7-1102, as last amended by Laws of Utah 2024, Chapter 46 30 H.B. 424 H.B. 424 02-05 15:12 31 Be it enacted by the Legislature of the state of Utah: 32 Section 1. Section 53G-6-1001 is amended to read: 33 53G-6-1001 . Definitions. 34 As used in this part: 35 (1) "Athletic association" means an association, as that term is defined in Section 36 53G-7-1101. 37 (2) "Birth certificate" means an official record of an individual's date of birth, place of birth, 38 sex, and parentage, including a supplementary certificate of birth or birth certificate 39 amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111. 40 (3) "Commission" means the School Activity Eligibility Commission created in Section 41 53G-6-1003. 42 (4) "Does not correspond with the sex designation" means that a student's sex designation 43 for an interscholastic activity in which a student seeks participation does not correspond 44 with the sex designation on the student's birth certificate or an amendment, including the 45 amendment history, to the student's birth certificate that the Division of Vital Records 46 and Statistics provides. 47 (5) "Female-designated" means that an interscholastic activity is designated specifically for 48 female students. 49 (6) "Gender-designated" means that an interscholastic activity or facility is designated 50 specifically for female or male students. 51 (7) "Gender identity" means the same as that term is defined in Section 34A-5-102. 52 (8) "Interscholastic activity" means an activity in which a student represents the student's 53 school in the activity in competition against another school. 54 (9) "Male-designated" means that an interscholastic activity is designated specifically for 55 male students. 56 (10) "Student" means a student who is enrolled in a public school that participates in 57 interscholastic activities. 58 (11) "Unamended birth certificate" means a birth certificate: 59 (a) with no amendment history; or 60 (b) with an amendment history that: 61 (i) does not include gender-related amendments; or 62 (ii) includes gender-related amendments that only: 63 (A) correct an error or omission resulting from a scrivener's error under 64 Subsection 26B-8-107(2); or - 2 - 02-05 15:12 H.B. 424 65 (B) correct a misidentification of birth sex for an intersex individual under 66 Subsection s6B-8-107(2). 67 Section 2. Section 53G-6-1003 is amended to read: 68 53G-6-1003 . School Activity Eligibility Commission -- Baseline range. 69 (1) There is created the School Activity Eligibility Commission. 70 (2)(a) The commission shall consist of the following members: 71 (i) the following two members whom the president of the Senate appoints: 72 (A) a mental health professional; and 73 (B) a statistician with expertise in the analysis of medical data; 74 (ii) the following two members whom the speaker of the House of Representatives 75 appoints: 76 (A) a [board-certified ]physician with expertise in gender identity healthcare, 77 including an endocrinologist, a family medicine physician, or a pediatrician; 78 and 79 (B) a sports physiologist, an exercise physiologist, a sports medicine physician, a 80 pediatrician with experience in youth sports, or an orthopedist or orthopedic 81 surgeon; 82 (iii) the following two members whom the governor appoints: 83 (A) a representative of an athletic association; and 84 (B) an athletic trainer who serves student athletes on the collegiate level; and 85 (iv) one ad hoc member, serving on a case-by-case basis, who is: 86 (A) appointed by the athletic association in which the relevant student's school 87 competes; and 88 (B) a certified high school coach or official who coaches or officiates in a separate 89 region or classification from the relevant student's school and in the sport in 90 which the relevant student seeks eligibility. 91 (b) An athletic association may prepare and communicate the association's sport-specific 92 appointments described in Subsection (2)(a)(iv) in preparation for student requests in 93 a given sport. 94 (3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall 95 serve an initial term of one year, subject to reappointment for subsequent terms of 96 two years. 97 (b) If a vacancy occurs in the membership of the commission, the individual responsible 98 for the appointment of the vacant seat as described in Subsection (2) shall fill the - 3 - H.B. 424 02-05 15:12 99 vacancy in the same manner as the original appointment. 100 (4)(a)(i) Except as provided in Subsection (4)(a)(ii)[, ] : 101 (A) all members of the commission constitute a quorum of the commission for a 102 meeting to determine the eligibility of a student[.] ; and 103 [(ii)] (B) [All] all members of the commission described in Subsections (2)(a)(i) 104 through (iii) constitute a quorum for any meeting other than the meeting 105 described in Subsection (4)(a)(i). 106 (ii) The commission satisfies the quorum requirements described in Subsection 107 (4)(a)(i) if no more than one of the commission positions described in Subsections 108 (2)(a)(i) through (iii) is vacant. 109 (b) An action of a majority of a quorum constitutes an action of the commission. 110 (5) A majority of the commission members described in Subsections (2)(a)(i) through (iii) 111 shall elect a chair from among the members described in Subsections (2)(a)(i) through 112 (iii) to: 113 (a) schedule meetings of the commission; 114 (b) set the agenda of commission meetings; and 115 (c) facilitate discussion among the commission's members. 116 (6) A commission member: 117 (a) may not receive compensation or benefits for the member's service on the 118 commission; and 119 (b) may receive per diem and reimbursement for travel expenses that the commission 120 member incurs as a commission member at the rates that the Division of Finance 121 establishes under: 122 (i) Sections 63A-3-106 and 63A-3-107; and 123 (ii) rules that the Division of Finance makes under Sections 63A-3-106 and 124 63A-3-107. 125 (7) The commission may enter into an agreement with an athletic association to provide 126 administrative staff support to the commission. 127 (8)(a) The commission shall, to the extent possible based on the available evidence, 128 establish a baseline range of physical characteristics for students participating in a 129 specific gender-designated activity at a specific age to provide the context for the 130 evaluation of an individual student's eligibility for a given gender-designated 131 interscholastic activity under Section 53G-6-1004. 132 (b) In creating the baseline ranges described in Subsection (8)(a), the commission shall - 4 - 02-05 15:12 H.B. 424 133 include the physical characteristics for the age and gender group in a given 134 gender-designated interscholastic activity that are relevant to the specific 135 interscholastic activity. 136 (c) The physical characteristics described in Subsection (8)(b) may include height, 137 weight, physical characteristics relevant to the application of the standard described 138 in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by 139 puberty, giving consideration to the practicability of considering the physical 140 characteristic when making an assessment of an individual student's eligibility under 141 Section 53G-6-1004. 142 (9) The following records that relate to the application or analysis of or determination under 143 this part regarding the eligibility of a specific student shall be classified as a protected 144 record under Title 63G, Chapter 2, Government Records Access and Management Act: 145 (a) any record of the commission, including any communication between an athletic 146 association and the commission; and 147 (b) any record that a school or LEA possesses. 148 (10) Members of the commission are immune from suit with respect to all acts done and 149 actions taken in good faith in carrying out the purposes of this part. 150 (11) The commission has no authority in relation to eligibility questions other than 151 participation in a gender-designated interscholastic activity under this part. 152 Section 3. Section 53G-6-1004 is amended to read: 153 53G-6-1004 . Eligibility for interscholastic activities. 154 (1)(a) Notwithstanding any state board rule or policy of an athletic association, and 155 except as provided in Subsections (1)(b) and (c): 156 (i) once a student has obtained the eligibility approval of the commission under 157 Subsection (2), the student may participate in a gender-designated interscholastic 158 activity that does not correspond with the sex designation on the student's 159 unamended birth certificate for the given school year; and 160 (ii) if a student does not obtain the eligibility approval of the commission under 161 Subsection (2), the student may not participate in a gender-designated 162 interscholastic activity that does not correspond with the sex designation on the 163 student's unamended birth certificate. 164 (b) A student [who has undergone or is undergoing a gender transition shall obtain the 165 eligibility approval of the commission under Subsection (2) to] may only participate 166 in a gender-designated interscholastic activity that [corresponds with the student's - 5 - H.B. 424 02-05 15:12 167 gender identity] does not correspond with the student's sex, as defined in Section 168 68-3-12.5, if the student obtains the eligibility approval of the commission under 169 Subsection (2). 170 (c) Nothing in this [subsection] section prohibits a student from participating in a 171 gender-designated interscholastic activity in accordance with 34 C.F.R. Sec. 172 106.41(b). 173 (2)(a) When a student registers with an athletic association to participate in a 174 gender-designated interscholastic activity: 175 (i) a student who has undergone or is undergoing a gender transition shall notify the 176 athletic association of the student's transition and the need for the commission's 177 eligibility approval as described in Subsection (1)(b); 178 (ii) the athletic association shall notify the commission of: 179 (A) a student for whom an eligibility determination of the commission is required 180 due to the sex designation on the student's unamended birth certificate not 181 corresponding with the gender designation of the gender-designated 182 interscholastic activity in which the student seeks to participate or the student's 183 notice of a gender transition under Subsection (1)(a)(ii); and 184 (B) the association's ad hoc appointment to the commission described in 185 Subsection 53G-6-1003(2)(a)(iv); and 186 (iii) the athletic association shall notify the student described in this Subsection (2)(a) 187 regarding the process for determining the student's eligibility for the activity under 188 this section. 189 (b) The commission shall: 190 (i)(A) schedule at least three non-public meetings throughout the school year to 191 consider any student eligibility notifications described in Subsection (2)(a) the 192 commission has received at least 14 days before the date of each meeting; and 193 (B) give notice of each scheduled meeting and the associated 14-day deadline to 194 the relevant athletic association; and 195 [(i)] (ii)(A) if the commission receives a notification described in Subsection (2)(a) 196 after the 14-day deadline described in Subsection (2)(b)(i), schedule [a] an 197 ad-hoc non-public meeting to consider [a] the given student's eligibility[ to be 198 held within 30 days after the day on which the commission receives the 199 notification described in Subsection (2)(a)] , occurring within 60 days after the 200 day on which the commission receives the notification; and - 6 - 02-05 15:12 H.B. 424 201 [(ii)] (B) [notify] give notice of the ad-hoc meeting to the relevant athletic 202 association and the [student's parents or legal guardians of the scheduled 203 meeting] parents of each student seeking an eligibility determination. 204 (c) Before the meeting described in Subsection (2)(b): 205 (i) the student for whom the commission has scheduled the meeting or the student's 206 parent or guardian is not required but may submit to the commission any 207 information the student wishes to disclose to the commission that may be relevant 208 to the commission's eligibility determination, including information regarding: 209 (A) the gender-designated interscholastic activities for which the student seeks 210 eligibility; 211 (B) the gender-designated interscholastic activities in which the student has 212 previously participated; and 213 (C) the student's physical characteristics or medical treatments that support the 214 student's eligibility for the specific gender-designated interscholastic activity; 215 (ii) the commission may request additional evidence from the student that is: 216 (A) limited to the extent possible to protect the student's privacy; and 217 (B) only directly relevant to the commission's eligibility determination; and 218 (iii) the commission may offer the student a voucher to cover the cost of a diagnostic 219 assessment if the commission makes a request for medical information under 220 Subsection (2)(c)(ii) for which the student's insurance does not provide coverage 221 or reimbursement for the diagnostic that: 222 (A) would provide the requested information; and 223 (B) is not free or otherwise readily available to the student. 224 (d) During the meeting described in Subsection (2)(b): 225 (i) only the following individuals may be present or participate electronically: 226 (A) the student for whom the commission is meeting to make an eligibility 227 determination; 228 (B) the student's parents or guardians; 229 (C) the members and necessary staff of the commission; and 230 (D) any medical professionals or other witnesses the student chooses to include to 231 support the student's eligibility; 232 (ii) attendees may participate in person or electronically; and 233 (iii) the commission shall: 234 (A) hear the information that supports the student's eligibility; - 7 - H.B. 424 02-05 15:12 235 (B) deliberate the facts relevant to the student's physical characteristics and 236 eligibility in camera or otherwise after temporarily excusing from the meeting 237 the student, the student's parents or legal guardians, and any medical 238 professionals or other witnesses whom the student includes; and 239 (C) render the commission's eligibility determination in accordance with 240 Subsection (3) or request additional information and schedule an additional 241 commission meeting to be held within 30 days of the meeting and in 242 accordance with this Subsection (2)(d) to discuss the additional information 243 and render the commission's eligibility determination. 244 (e) The commission may not address the commission's application or analysis of or 245 determination under this part regarding the eligibility of a specific student in a public 246 meeting or public communication. 247 (3)(a) In making an eligibility determination, the commission, after considering whether 248 the student's assertion of a gender identity is consistent with the statutory definition 249 of gender identity as that term is defined in Section 34A-5-102, including the 250 implications for the student's mental health of participating in the gender-designated 251 interscholastic activity, shall: 252 (i) make a determination based on a preponderance of the evidence regarding 253 whether, when measured against the relevant baseline range described in 254 Subsection 53G-6-1003(8), granting the student's eligibility would: 255 (A) present a substantial safety risk to the student or others that is significantly 256 greater than the inherent risks of the given activity; or 257 (B) likely give the student a material competitive advantage, as the commission 258 defines, when compared to students of the same age competing in the relevant 259 gender-designated activity, including consideration of the student's previous 260 history of participation in gender-designated interscholastic activities; and 261 (ii) record the commission's decision and rationale in writing and provide the written 262 decision to the athletic commission within 30 days after the day on which the 263 commission renders an eligibility decision under this Subsection (3)(a) in a 264 meeting described in Subsection (2)(b). 265 (b) Upon receipt of the commission's determination and rationale under Subsection 266 (3)(a), the athletic commission shall notify the student and the relevant school or 267 LEA of the commission's determination and rationale. 268 (c) A school or LEA shall comply with the commission's determination under this - 8 - 02-05 15:12 H.B. 424 269 Subsection (3). 270 (d) An eligibility determination of the commission only applies for the relevant school 271 year. 272 (4)(a) Notwithstanding any other provision of law and except as provided in Subsections 273 (3)(b) and (4)(b), the commission may not disclose: 274 (i) the name of a student whose eligibility the commission will consider, is 275 considering, or has considered; or 276 (ii) the commission's determination regarding a student's eligibility. 277 (b) The commission shall disclose the commission's determination of a student's 278 eligibility for a given gender-designated interscholastic activity to the relevant 279 athletic association, only for the purpose of confirming whether the student is eligible 280 for the interscholastic activity. 281 (c)(i) Notwithstanding any other provision of law, an athletic association may not 282 disclose the information described in Subsections (4)(a)(i) and (ii). 283 (ii) Nothing in this Subsection (4) prohibits an athletic association from affirming 284 that a student is eligible if the eligibility of a student is questioned. 285 Section 4. Section 53G-7-1102 is amended to read: 286 53G-7-1102 . Public schools prohibited from membership. 287 (1) A public school may not be a member of or pay dues to an association that: 288 (a) is not in compliance with: 289 (i) this part; 290 (ii) Title 52, Chapter 4, Open and Public Meetings Act; 291 (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and 292 (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; 293 (b) does not collect each student's unamended birth certificate , as that term is defined in 294 Section 53G-6-1001, or subject to Subsection (3), equivalent documentation, as 295 described in Subsection (2)(a), to determine eligibility as a condition of the 296 association's registration process for an athletic team, event, or category;[ or] 297 (c) does not require a student to provide the student's date of birth and sex as a condition 298 of the registration process for an athletic team, event, or category[.] ; or 299 (d) does not provide administrative staff support to the School Activity Eligibility 300 Commission in accordance with Section 53G-6-1003. 301 (2)(a) For a student who is not a United States citizen and who is unable to provide [a] an 302 unamended birth certificate, as that term is defined in Section 53G-6-1001, the - 9 - H.B. 424 02-05 15:12 303 association may collect the student's: 304 (i) state-issued identification document, including a driver's license or passport; or 305 (ii) federally recognized identification document, including a document that the 306 Department of Homeland Security issues. 307 (b) If a student who is not a United States citizen is unable to provide a document under 308 Subsection (2)(a), the association may collect other reliable proof of a student's date 309 of birth and sex, including: 310 (i) an affidavit from the student's parent or legal guardian attesting: 311 (A) to the student's date of birth and sex; and 312 (B) that the parent or legal guardian is unable to obtain a document described in 313 Subsection (2)(a); and 314 (ii) one of the following: 315 (A) a religious, hospital, or physician certificate; 316 (B) verified school records; 317 (C) verified immunization records; or 318 (D) documentation from a social service provider. 319 (3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless 320 child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42 321 U.S.C. Sec. 11431 et seq. 322 (b) For a student who is a homeless child or youth, including an unaccompanied 323 homeless child or youth, an association may collect: 324 (i) an affidavit from the student's parent or guardian, or the student if the student is an 325 unaccompanied homeless child or youth, indicating that the student does not meet 326 the necessary requirements to obtain a document described in Subsection (2)(a); 327 and 328 (ii) a document described in Subsection (2)(b)(ii). 329 (4) Nothing in this section limits or impairs an LEA's requirement to verify a student's 330 initial review of eligibility to participate in an athletic team, event, or category under 331 applicable state or federal law or state board rule, including the student's: 332 (a) residency status; 333 (b) age; 334 (c) sex, verified by the student's unamended birth certificate, as that term is defined in 335 Section 53G-6-1001; 336 (d) academic requirements; or - 10 - 02-05 15:12 H.B. 424 337 (e) school enrollment capacity. 338 (5) Unless otherwise specified, an association's compliance with or an association employee 339 or officer's compliance with the provisions described in Subsection (1) does not alter: 340 (a) the association's public or private status; or 341 (b) the public or private employment status of the employee or officer. 342 Section 5. Effective Date. 343 This bill takes effect on May 7, 2025. - 11 -

Enrolled Copy H.B. 424 1 School Activity Eligibility Commission Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Nelson T. Abbott Senate Sponsor: Brady Brammer 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions regarding the School Activity Eligibility Commission 6 (commission). 7 Highlighted Provisions: 8 This bill: 9 ▸ broadens the scope of available appointees to the commission; 10 ▸ modifies quorum requirements for the commission; 11 ▸ modifies a requirement to establish certain baseline ranges; 12 ▸ provides that an eligibility determination of the commission is for a given school year; 13 ▸ provides a standard of proof for eligibility determinations of the commission; 14 ▸ prohibits public schools from participating with an athletic association that does not 15 provide administrative staff support to the commission; 16 ▸ provides for the scheduling of commission meetings throughout the school year with 17 certain submission deadlines and ad hoc meetings for students who do not meet certain 18 deadlines; and 19 ▸ makes technical and conforming changes. 20 Money Appropriated in this Bill: 21 None 22 Other Special Clauses: 23 None 24 Utah Code Sections Affected: 25 AMENDS: 26 53G-6-1001, as last amended by Laws of Utah 2023, Chapter 340 27 53G-6-1003, as last amended by Laws of Utah 2024, Chapter 524 H.B. 424 Enrolled Copy 28 53G-6-1004, as last amended by Laws of Utah 2024, Chapter 524 29 53G-7-1102, as last amended by Laws of Utah 2024, Chapter 46 30 31 Be it enacted by the Legislature of the state of Utah: 32 Section 1. Section 53G-6-1001 is amended to read: 33 53G-6-1001 . Definitions. 34 As used in this part: 35 (1) "Athletic association" means an association, as that term is defined in Section 36 53G-7-1101. 37 (2) "Birth certificate" means an official record of an individual's date of birth, place of birth, 38 sex, and parentage, including a supplementary certificate of birth or birth certificate 39 amendment and amendment history as provided in Sections 26B-8-110 and 26B-8-111. 40 (3) "Commission" means the School Activity Eligibility Commission created in Section 41 53G-6-1003. 42 (4) "Does not correspond with the sex designation" means that a student's sex designation 43 for an interscholastic activity in which a student seeks participation does not correspond 44 with the sex designation on the student's birth certificate or an amendment, including the 45 amendment history, to the student's birth certificate that the Division of Vital Records 46 and Statistics provides. 47 (5) "Female-designated" means that an interscholastic activity is designated specifically for 48 female students. 49 (6) "Gender-designated" means that an interscholastic activity or facility is designated 50 specifically for female or male students. 51 (7) "Gender identity" means the same as that term is defined in Section 34A-5-102. 52 (8) "Interscholastic activity" means an activity in which a student represents the student's 53 school in the activity in competition against another school. 54 (9) "Male-designated" means that an interscholastic activity is designated specifically for 55 male students. 56 (10) "Student" means a student who is enrolled in a public school that participates in 57 interscholastic activities. 58 (11) "Unamended birth certificate" means a birth certificate: 59 (a) with no amendment history; or 60 (b) with an amendment history that: 61 (i) does not include gender-related amendments; or - 2 - Enrolled Copy H.B. 424 62 (ii) includes gender-related amendments that only: 63 (A) correct an error or omission resulting from a scrivener's error under 64 Subsection 26B-8-107(2); or 65 (B) correct a misidentification of birth sex for an intersex individual under 66 Subsection 26B-8-107(2). 67 Section 2. Section 53G-6-1003 is amended to read: 68 53G-6-1003 . School Activity Eligibility Commission -- Baseline range. 69 (1) There is created the School Activity Eligibility Commission. 70 (2)(a) The commission shall consist of the following members: 71 (i) the following two members whom the president of the Senate appoints: 72 (A) a mental health professional; and 73 (B) a statistician with expertise in the analysis of medical data; 74 (ii) the following two members whom the speaker of the House of Representatives 75 appoints: 76 (A) a [board-certified ]physician with expertise in gender identity healthcare, 77 including an endocrinologist, a family medicine physician, or a pediatrician; 78 and 79 (B) a sports physiologist, an exercise physiologist, a sports medicine physician, a 80 pediatrician with experience in youth sports, or an orthopedist or orthopedic 81 surgeon; 82 (iii) the following two members whom the governor appoints: 83 (A) a representative of an athletic association; and 84 (B) an athletic trainer who serves student athletes on the collegiate level; and 85 (iv) one ad hoc member, serving on a case-by-case basis, who is: 86 (A) appointed by the athletic association in which the relevant student's school 87 competes; and 88 (B) a certified high school coach or official who coaches or officiates in a separate 89 region or classification from the relevant student's school and in the sport in 90 which the relevant student seeks eligibility. 91 (b) An athletic association may prepare and communicate the association's sport-specific 92 appointments described in Subsection (2)(a)(iv) in preparation for student requests in 93 a given sport. 94 (3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall 95 serve an initial term of one year, subject to reappointment for subsequent terms of - 3 - H.B. 424 Enrolled Copy 96 two years. 97 (b) If a vacancy occurs in the membership of the commission, the individual responsible 98 for the appointment of the vacant seat as described in Subsection (2) shall fill the 99 vacancy in the same manner as the original appointment. 100 (4)(a)(i) Except as provided in Subsection (4)(a)(ii)[, ] : 101 (A) all members of the commission constitute a quorum of the commission for a 102 meeting to determine the eligibility of a student[.] ; and 103 [(ii)] (B) [All] all members of the commission described in Subsections (2)(a)(i) 104 through (iii) constitute a quorum for any meeting other than the meeting 105 described in Subsection (4)(a)(i). 106 (ii) The commission satisfies the quorum requirements described in Subsection 107 (4)(a)(i) if no more than one of the commission positions described in Subsections 108 (2)(a)(i) through (iii) is vacant. 109 (b) An action of a majority of a quorum constitutes an action of the commission. 110 (5) A majority of the commission members described in Subsections (2)(a)(i) through (iii) 111 shall elect a chair from among the members described in Subsections (2)(a)(i) through 112 (iii) to: 113 (a) schedule meetings of the commission; 114 (b) set the agenda of commission meetings; and 115 (c) facilitate discussion among the commission's members. 116 (6) A commission member: 117 (a) may not receive compensation or benefits for the member's service on the 118 commission; and 119 (b) may receive per diem and reimbursement for travel expenses that the commission 120 member incurs as a commission member at the rates that the Division of Finance 121 establishes under: 122 (i) Sections 63A-3-106 and 63A-3-107; and 123 (ii) rules that the Division of Finance makes under Sections 63A-3-106 and 124 63A-3-107. 125 (7) The [commission may enter into an agreement with an athletic association 128 to] 126 Department of Government Operations shall provide administrative staff support to the 127 commission. 133a (8)(a) The commission shall, to the extent possible based on the available evidence, - 4 - Enrolled Copy H.B. 424 133b establish a baseline range of physical characteristics for students participating in a 133c specific gender-designated activity at a specific age to provide the context for the 133d evaluation of an individual student's eligibility for a given gender-designated 133e interscholastic activity under Section 53G-6-1004. 133f (b) In creating the baseline ranges described in Subsection (8)(a), the commission shall 133g include the physical characteristics for the age and gender group in a given 133h gender-designated interscholastic activity that are relevant to the specific 133i interscholastic activity. 133j (c) The physical characteristics described in Subsection (8)(b) may include height, 133k weight, physical characteristics relevant to the application of the standard described 133l in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by 133m puberty, giving consideration to the practicability of considering the physical 133n characteristic when making an assessment of an individual student's eligibility under 133o Section 53G-6-1004. 133p (9) The following records that relate to the application or analysis of or determination under 133q this part regarding the eligibility of a specific student shall be classified as a protected 133r record under Title 63G, Chapter 2, Government Records Access and Management Act: 133s (a) any record of the commission, including any communication between an athletic 133t association and the commission; and 133u (b) any record that a school or LEA possesses. 133v (10) Members of the commission are immune from suit with respect to all acts done and 133w actions taken in good faith in carrying out the purposes of this part. 133x (11) The commission has no authority in relation to eligibility questions other than 133y participation in a gender-designated interscholastic activity under this part. 133z Section 3. Section 53G-6-1004 is amended to read: 133aa 53G-6-1004 . Eligibility for interscholastic activities. 133bb (1)(a) Notwithstanding any state board rule or policy of an athletic association, and 133cc except as provided in Subsections (1)(b) and (c): 133dd (i) once a student has obtained the eligibility approval of the commission under 133ee Subsection (2), unless otherwise prohibited by federal law or a policy of an LEA, 133ff school, or athletic association that governs the relevant interscholastic athletic 133gg activity, the student [may] is eligible under this part to participate in a 133hh gender-designated interscholastic activity that does not correspond with the sex 133ii designation on the student's unamended birth certificate for the given school year; - 5 - H.B. 424 Enrolled Copy 133jj and 133kk (ii) if a student does not obtain the eligibility approval of the commission under 133ll Subsection (2), the student may not participate in a gender-designated 133mm interscholastic activity that does not correspond with the sex designation on the 133nn student's unamended birth certificate. 133oo (b) A student [who has undergone or is undergoing a gender transition shall obtain the 133pp eligibility approval of the commission under Subsection (2) to] may only participate 133qq in a gender-designated interscholastic activity that [corresponds with the student's 133rr gender identity] does not correspond with the student's sex, as defined in Section 133ss 68-3-12.5, if the student obtains the eligibility approval of the commission under 133tt Subsection (2). 133uu (c) Nothing in this [subsection] part prohibits a student from participating in a 133vv gender-designated interscholastic activity in accordance with 34 C.F.R. Sec. 133ww 106.41(b). 133xx (2)(a) When a student registers with an athletic association to participate in a 133yy gender-designated interscholastic activity: 133zz (i) a student who has undergone or is undergoing a gender transition shall notify the 133aaa athletic association of the student's transition and the need for the commission's 133bbb eligibility approval as described in Subsection (1)(b); 133ccc (ii) the athletic association shall notify the commission of: 133ddd (A) a student for whom an eligibility determination of the commission is required 133eee due to the sex designation on the student's unamended birth certificate not 133fff corresponding with the gender designation of the gender-designated 133ggg interscholastic activity in which the student seeks to participate or the student's 133hhh notice of a gender transition under Subsection (1)(a)(ii); and 133iii (B) the association's ad hoc appointment to the commission described in 133jjj Subsection 53G-6-1003(2)(a)(iv); and 133kkk (iii) the athletic association shall notify the student described in this Subsection (2)(a) 133lll regarding the process for determining the student's eligibility for the activity under 133mmm this section. 133nnn (b) The commission shall: 133ooo (i)(A) schedule at least three non-public meetings throughout the school year to 133ppp consider any student eligibility notifications described in Subsection (2)(a) the 133qqq commission has received at least 14 days before the date of each meeting; and - 6 - Enrolled Copy H.B. 424 133rrr (B) give notice of each scheduled meeting and the associated 14-day deadline to 133sss the relevant athletic association; and 133ttt [(i)] (ii)(A) if the commission receives a notification described in Subsection (2)(a) 133uuu after the 14-day deadline described in Subsection (2)(b)(i), schedule [a] an ad 133vvv hoc non-public meeting to consider [a] the given student's eligibility[ to be held 133www within 30 days after the day on which the commission receives the notification 133xxx described in Subsection (2)(a)] , occurring within 60 days after the day on 133yyy which the commission receives the notification; and 133zzz [(ii)] (B) [notify] give notice of the ad hoc meeting to the relevant athletic 133aaaa association and the [student's parents or legal guardians of the scheduled 133bbbb meeting] parents of each student seeking an eligibility determination. 133cccc (c) Before the meeting described in Subsection (2)(b): 133dddd (i) the student for whom the commission has scheduled the meeting or the student's 133eeee parent or guardian is not required but may submit to the commission any 133ffff information the student wishes to disclose to the commission that may be relevant 133gggg to the commission's eligibility determination, including information regarding: 133hhhh (A) the gender-designated interscholastic activities for which the student seeks 133iiii eligibility; 133jjjj (B) the gender-designated interscholastic activities in which the student has 133kkkk previously participated; and 133llll (C) the student's physical characteristics or medical treatments that support the 3mmmm student's eligibility for the specific gender-designated interscholastic activity; 133nnnn (ii) the commission may request additional evidence from the student that is: 133oooo (A) limited to the extent possible to protect the student's privacy; and 133pppp (B) only directly relevant to the commission's eligibility determination; and 133qqqq (iii) the commission may offer the student a voucher to cover the cost of a diagnostic 133rrrr assessment if the commission makes a request for medical information under 133ssss Subsection (2)(c)(ii) for which the student's insurance does not provide coverage 133tttt or reimbursement for the diagnostic that: 133uuuu (A) would provide the requested information; and 133vvvv (B) is not free or otherwise readily available to the student. 33wwww (d) During the meeting described in Subsection (2)(b): 133xxxx (i) only the following individuals may be present or participate electronically: 133yyyy (A) the student for whom the commission is meeting to make an eligibility - 7 - H.B. 424 Enrolled Copy 133zzzz determination; 133aaaaa (B) the student's parents or guardians; 133bbbbb (C) the members and necessary staff of the commission; and 133ccccc (D) any medical professionals or other witnesses the student chooses to include to 133ddddd support the student's eligibility; 133eeeee (ii) attendees may participate in person or electronically; and 133fffff (iii) the commission shall: 133ggggg (A) hear the information that supports the student's eligibility; 133hhhhh (B) deliberate the facts relevant to the student's physical characteristics and 133iiiii eligibility in camera or otherwise after temporarily excusing from the meeting 133jjjjj the student, the student's parents or legal guardians, and any medical 133kkkkk professionals or other witnesses whom the student includes; and 133lllll (C) render the commission's eligibility determination in accordance with mmmmm Subsection (3) or request additional information and schedule an additional 133nnnnn commission meeting to be held within 30 days of the meeting and in 133ooooo accordance with this Subsection (2)(d) to discuss the additional information 133ppppp and render the commission's eligibility determination. 133qqqqq (e) The commission may not address the commission's application or analysis of or 133rrrrr determination under this part regarding the eligibility of a specific student in a public 133sssss meeting or public communication. 133ttttt (3)(a) In making an eligibility determination, the commission, after considering whether 133uuuuu the student's assertion of a gender identity is consistent with the statutory definition 133vvvvv of gender identity as that term is defined in Section 34A-5-102, including the wwwww implications for the student's mental health of participating in the gender-designated 133xxxxx interscholastic activity, shall: 133yyyyy (i) make a determination based on a preponderance of the evidence regarding 133zzzzz whether, when measured against the relevant baseline range described in 33aaaaaa Subsection 53G-6-1003(8), granting the student's eligibility would: 33bbbbbb (A) present a substantial safety risk to the student or others that is significantly 33cccccc greater than the inherent risks of the given activity; or 33dddddd (B) likely give the student a material competitive advantage, as the commission 33eeeeee defines, when compared to students of the same age competing in the relevant 133ffffff gender-designated activity, including consideration of the student's previous 33gggggg history of participation in gender-designated interscholastic activities; and - 8 - Enrolled Copy H.B. 424 33hhhhhh (ii) record the commission's decision and rationale in writing and provide the written 133iiiiii decision to the athletic commission within 30 days after the day on which the 133jjjjjj commission renders an eligibility decision under this Subsection (3)(a) in a 33kkkkkk meeting described in Subsection (2)(b). 133llllll (b) Upon receipt of the commission's determination and rationale under Subsection (3)(a), mmmmm the athletic commission shall notify the student and the relevant school or LEA of the 33nnnnnn commission's determination and rationale. 33oooooo (c) A school or LEA shall comply with the commission's determination under this 33pppppp Subsection (3). 33qqqqqq (d) An eligibility determination of the commission only applies for the relevant school 133rrrrrr year. 133ssssss (4)(a) Notwithstanding any other provision of law and except as provided in Subsections 133tttttt (3)(b) and (4)(b), the commission may not disclose: 33uuuuuu (i) the name of a student whose eligibility the commission will consider, is 33vvvvvv considering, or has considered; or wwwww (ii) the commission's determination regarding a student's eligibility. 33xxxxxx (b) The commission shall disclose the commission's determination of a student's 33yyyyyy eligibility for a given gender-designated interscholastic activity to the relevant 33zzzzzz athletic association, only for the purpose of confirming whether the student is eligible 3aaaaaaa for the interscholastic activity. 3bbbbbbb (c)(i) Notwithstanding any other provision of law, an athletic association may not 3ccccccc disclose the information described in Subsections (4)(a)(i) and (ii). 3ddddddd (ii) Nothing in this Subsection (4) prohibits an athletic association from affirming 3eeeeeee that a student is eligible if the eligibility of a student is questioned. 133fffffff Section 4. Section 53G-7-1102 is amended to read: 3ggggggg 53G-7-1102 . Public schools prohibited from membership. 3hhhhhhh (1) A public school may not be a member of or pay dues to an association that: 133iiiiiii (a) is not in compliance with: 133jjjjjjj (i) this part; 3kkkkkkk (ii) Title 52, Chapter 4, Open and Public Meetings Act; 133lllllll (iii) Title 63G, Chapter 2, Government Records Access and Management Act; and mmmmm (iv) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; 3nnnnnnn (b) does not collect each student's unamended birth certificate[ ], as that term is defined 3ooooooo in Section 53G-6-1001, or subject to Subsection (3), equivalent documentation, as - 9 - H.B. 424 Enrolled Copy 3ppppppp described in Subsection (2)(a), to determine eligibility as a condition of the 3qqqqqqq association's registration process for an athletic team, event, or category; or 133rrrrrrr (c) does not require a student to provide the student's date of birth and sex as a condition 33sssssss of the registration process for an athletic team, event, or category. 133ttttttt (2)(a) For a student who is not a United States citizen and who is unable to provide [a] an 3uuuuuuu unamended birth certificate, as that term is defined in Section 53G-6-1001, the 3vvvvvvv association may collect the student's: wwwww (i) state-issued identification document, including a driver's license or passport; or 3xxxxxxx (ii) federally recognized identification document, including a document that the 3yyyyyyy Department of Homeland Security issues. 3zzzzzzz (b) If a student who is not a United States citizen is unable to provide a document under 3aaaaaaaa Subsection (2)(a), the association may collect other reliable proof of a student's date bbbbbbbb of birth and sex, including: 3cccccccc (i) an affidavit from the student's parent or legal guardian attesting: dddddddd (A) to the student's date of birth and sex; and 3eeeeeeee (B) that the parent or legal guardian is unable to obtain a document described in 33ffffffff Subsection (2)(a); and gggggggg (ii) one of the following: hhhhhhhh (A) a religious, hospital, or physician certificate; 133iiiiiiii (B) verified school records; 133jjjjjjjj (C) verified immunization records; or kkkkkkkk (D) documentation from a social service provider. 133llllllll (3)(a) Subsection (1)(b) does not apply to an association for a student who is a homeless mmmmm child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42 nnnnnnnn U.S.C. Sec. 11431 et seq. oooooooo (b) For a student who is a homeless child or youth, including an unaccompanied pppppppp homeless child or youth, an association may collect: qqqqqqqq (i) an affidavit from the student's parent or guardian, or the student if the student is an 33rrrrrrrr unaccompanied homeless child or youth, indicating that the student does not meet 3ssssssss the necessary requirements to obtain a document described in Subsection (2)(a); 133tttttttt and uuuuuuuu (ii) a document described in Subsection (2)(b)(ii). vvvvvvvv (4) Nothing in this section limits or impairs an LEA's requirement to verify a student's wwwww initial review of eligibility to participate in an athletic team, event, or category under - 10 - Enrolled Copy H.B. 424 xxxxxxxx applicable state or federal law or state board rule, including the student's: yyyyyyyy (a) residency status; 3zzzzzzzz (b) age; aaaaaaaaa (c) sex, verified by the student's unamended birth certificate, as that term is defined in bbbbbbbb Section 53G-6-1001; ccccccccc (d) academic requirements; or dddddddd (e) school enrollment capacity. eeeeeeeee (5) Unless otherwise specified, an association's compliance with or an association employee 33fffffffff or officer's compliance with the provisions described in Subsection (1) does not alter: gggggggg (a) the association's public or private status; or hhhhhhhh (b) the public or private employment status of the employee or officer. 133iiiiiiiii Section 5. Effective Date. 133jjjjjjjjj This bill takes effect on May 7, 2025. - 11 -