Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                                 H.B. 253
Approved for Filing: M. Curtis 6
         6 01-11-24 12:08 PM 6
                     USE OF SEX-DESIGNATED FACILITIES IN PUBLIC
                                      AND HIGHER EDUCATION
                                          2024 GENERAL SESSION
                                              STATE OF UTAH
                                      Chief Sponsor: Phil Lyman
                                    Senate Sponsor: ____________
 7
 LONG TITLE
 General Description:
         This bill addresses individuals who may access sex-designated restrooms and changing
 facilities in the state systems of public and higher education.
 Highlighted Provisions:
         This bill:
         < defines terms;
         < requires local education agencies (LEAs) and higher education institutions to:
                C   provide restrooms and changing facilities that are sex-designated or unisex;
                C   establish use and discipline policies regarding restroom and changing facilities
 for students and employees; and
                C   report to the relevant State Board of Education or Utah Board of Higher
 Education;
         < prohibits an individual, with certain exceptions, from using a restroom or changing
 facility of the opposite sex on the premises of an LEA or higher education
 institution;
         < establishes that an individual who improperly enters and refuses to depart a
                                                                                                           H.B. 253
 sex-designated restroom or changing facility on the premises of an LEA or higher
 education institution commits criminal trespass;
         < authorizes the attorney general to bring a civil action for enforcement;
     *HB0253*
       H.B. 253                                                                 01-11-24 12:08 PM
         < expressly exempts certain individuals;
         < establishes severability; and
         < provides rulemaking authority.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         This bill provides a special effective date.
 Utah Code Sections Affected:
 ENACTS:
         53B-2-114, Utah Code Annotated 1953
         53G-7-224, Utah Code Annotated 1953
39
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 53B-2-114 is enacted to read:
         53B-2-114. Sex-designated restrooms -- Sex-designated changing facilities.
         (1) As used in this section:
         (a) (i) "Changing facility" means a room in which two or more individuals may be in a
 state of undress in the presence of others.
         (ii) "Changing facility" includes a dressing room, fitting room, locker room, changing
 room, or shower room.
         (b) "Female" means a person belonging, at birth, to the biological sex which has the
 specific reproductive role of producing eggs.
         (c) "Male" means a person belonging, at birth, to the biological sex which has the
 specific reproductive role of producing sperm.
         (d) "Restroom" means a room that:
         (i) includes one or more water closets; and
         (ii) is not a unisex restroom.
         (e) "Sex" means the classification of an individual as either female or male based on
 the organization of the body of the individual for a specific reproductive role, as indicated by
 the individual's sex chromosomes, naturally occurring sex hormones, and internal and external
 genitalia present at birth.
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       01-11-24 12:08 PM                                                                         H.B. 253
         (f) (i) "Unisex changing facility" means a room intended for a single occupant or a
 family in which one or more individuals may be in a state of undress.
         (ii) "Unisex changing facility" includes a dressing room, fitting room, locker room,
 changing room, or shower room that:
         (A) is enclosed by floor-to-ceiling walls; and
         (B) is only accessible by a full door with a secure lock that prevents another individual
 from entering while the changing facility is in use.
         (g) "Unisex restroom" means a room that:
         (i) includes one or more water closets;
         (ii) is intended for a single occupant or a family;
         (iii) is enclosed by floor-to-ceiling walls; and
         (iv) is only accessible by a full door with a secure lock that prevents another individual
 from entering while the room is in use.
         (h) "Water closet" means a toilet or urinal.
         (2) A higher education institution that maintains a water closet shall, at a minimum,
 have:
         (a) (i) a restroom designated for exclusive use by females; and
         (ii) a restroom designated for exclusive use by males; or
         (b) a unisex restroom.
         (3) A higher education institution that maintains a changing facility shall, at a
 minimum, have:
         (a) (i) a changing facility designated for exclusive use by females; and
         (ii) a changing facility designated for exclusive use by males; or
         (b) a unisex changing facility.
         (4) For purposes of this section, an individual may not enter a restroom or changing
 facility designated for the opposite sex except under the following circumstances:
         (a) to accompany a person of the opposite sex to assist or chaperone:
         (i) a child under the age of 12;
         (ii) an elderly individual above the age of 60, or
         (iii) an individual with a disability as defined in Section 26B-6-401;
         (b) for law enforcement or governmental regulatory purposes;
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        H.B. 253                                                                  01-11-24 12:08 PM
         (c) to render emergency medical assistance or to intervene in any other emergency
 where the health or safety of another individual is at risk;
         (d) for custodial, maintenance, or inspection purposes while the restroom or changing
 facility is not in use; or
         (e) if the appropriate designated restroom or changing facility is out of order or under
 repair and the restroom or changing facility designated for the opposite sex contains no
 individual of the opposite sex.
         (5) (a) Each higher education institution shall, within the institution's code of student
 conduct, establish disciplinary procedures for any student who:
         (i) willfully enters, for a purpose other than the exceptions described in Subsection (4),
 a restroom or changing facility designated for the opposite sex on the premises of the
 institution; and
         (ii) refuses to depart when asked to depart by any:
         (A) faculty member, administrative personnel, security personnel, or any other
 employee of the institution; or
         (B) law enforcement personnel.
         (b) An employee of a higher education institution described in Subsection (5)(a)
 commits a violation of professional conduct and is subject to discipline under rules and
 procedures of the board and the relevant higher education institution if the employee:
         (i) willfully enters, for a purpose other than the exceptions described in Subsection (4),
 a restroom or changing facility designated for the opposite sex on the premises of the
 institution; and
         (ii) refuses to depart when asked to depart by another employee of the institution or by
 law enforcement personnel as described in Subsection (5)(a)(ii).
         (c) Each higher education institution shall establish a disciplinary policy for employees
 described in Subsection (5)(b).
         (6) Any individual who willfully enters and refuses to depart a restroom or changing
 facility as described in Subsection (5) commits the offense of criminal trespass under Section
 76-6-206.
         (7) Each higher education institution shall submit documentation to the board
 regarding compliance with this section before:
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        01-11-24 12:08 PM                                                                          H.B. 253
        (a) July 1, 2025, for an institution in existence on July 1, 2024; or
        (b) the first anniversary of the day of the establishment of the institution for an
 institution that is not in existence on July 1, 2024.
        (8) (a) Beginning July 1, 2025, the attorney general may bring a civil action to enforce
 this section against any higher education institution, seeking:
        (i) injunctive relief; and
        (ii) for any higher education institution found to have willfully violated this section, a
 fine of up to $10,000 per violation.
        (b) Fines collected under Subsection (8)(a) shall be deposited into the General Fund.
        (9) This section does not apply to an individual who is or has been under treatment by
 a physician who, in the physician's good faith clinical judgment, performs procedures upon or
 provides therapies to a minor born with a medically verifiable genetic disorder of sexual
 development, including any of the following:
        (a) external biological sex characteristics that are unresolvably ambiguous; or
        (b) a disorder of sexual development in which the physician has determined through
 genetic or biochemical testing that the patient does not have a normal sex chromosome
 structure, sex steroid hormone production, or sex steroid hormone action for a male or female,
 as applicable.
        (10) By January 1, 2025, the board shall make rules, in accordance with Title 63G,
 Chapter 3, Utah Administrative Rulemaking Act, to establish procedures to carry out and
 ensure compliance with and enforcement of this section, including the type, format, and
 method of delivery of the documentation described in Subsection (7).
        (11) (a) The provisions of this section are severable.
        (b) If any provision of this section or the application of this section to any individual or
 circumstance is held invalid, the invalidity does not affect other provisions or applications of
 this section which can be given effect without the invalid provision or application.
        Section 2. Section 53G-7-224 is enacted to read:
        53G-7-224. Sex-designated restrooms -- Sex-designated changing facilities.
        (1) As used in this section:
        (a) (i) "Changing facility" means a room in which two or more individuals may be in a
 state of undress in the presence of others.
                                                       -5-
        H.B. 253                                                                 01-11-24 12:08 PM
         (ii) "Changing facility" includes a dressing room, fitting room, locker room, changing
 room, or shower room.
         (b) "Female" means a person belonging, at birth, to the biological sex which has the
 specific reproductive role of producing eggs.
         (c) "Male" means a person belonging, at birth, to the biological sex which has the
 specific reproductive role of producing sperm.
         (d) "Restroom" means a room that:
         (i) includes one or more water closets; and
         (ii) is not a unisex restroom.
         (e) "Sex" means the classification of an individual as either female or male based on
 the organization of the body of the individual for a specific reproductive role, as indicated by
 the individual's sex chromosomes, naturally occurring sex hormones, and internal and external
 genitalia present at birth.
         (f) (i) "Unisex changing facility" means a room intended for a single occupant or a
 family in which one or more individuals may be in a state of undress.
         (ii) "Unisex changing facility" includes a dressing room, fitting room, locker room,
 changing room, or shower room that:
         (A) is enclosed by floor-to-ceiling walls; and
         (B) is only accessible by a full door with a secure lock that prevents another individual
 from entering while the changing facility is in use.
         (g) "Unisex restroom" means a room that:
         (i) includes one or more water closets;
         (ii) is intended for a single occupant or a family;
         (iii) is enclosed by floor-to-ceiling walls; and
         (iv) is only accessible by a full door with a secure lock that prevents another individual
 from entering while the room is in use.
         (h) "Water closet" means a toilet or urinal.
         (2) An LEA that maintains a water closet shall, at a minimum, have:
         (a) (i) a restroom designated for exclusive use by females; and
         (ii) a restroom designated for exclusive use by males; or
         (b) a unisex restroom.
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        01-11-24 12:08 PM                                                                      H.B. 253
         (3) An LEA that maintains a changing facility shall, at a minimum, have:
         (a) (i) a changing facility designated for exclusive use by females; and
         (ii) a changing facility designated for exclusive use by males; or
         (b) a unisex changing facility.
         (4) For purposes of this section, an individual may not enter a restroom or changing
 facility designated for the opposite sex except under the following circumstances:
         (a) to accompany a person of the opposite sex to assist or chaperone:
         (i) a child under the age of 12;
         (ii) an elderly individual above the age of 60; or
         (iii) an individual with a disability as defined in Section 26B-6-401;
         (b) for law enforcement or governmental regulatory purposes;
         (c) to render emergency medical assistance or to intervene in any other emergency
 where the health or safety of another individual is at risk;
         (d) for custodial, maintenance, or inspection purposes while the restroom or changing
 facility is not in use; or
         (e) if the appropriate designated restroom or changing facility is out of order or under
 repair and the restroom or changing facility designated for the opposite sex contains no
 individual of the opposite sex.
         (5) (a) Each LEA shall, within the LEA's code of student conduct, establish
 disciplinary procedures for any student who:
         (i) willfully enters, for a purpose other than the exceptions described in Subsection (4),
 a restroom or changing facility designated for the opposite sex on the premises of the LEA; and
         (ii) refuses to depart when asked to depart by any:
         (A) teacher, administrative personnel, school resource officer, or any other employee of
 the LEA; or
         (B) law enforcement personnel.
         (b) An employee of an LEA described in Subsection (5)(a) commits a violation of
 professional conduct and is subject to discipline under Title 53E, Chapter 6, Part 6, License
 Denial and Discipline, if the employee:
         (i) willfully enters, for a purpose other than the exceptions described in Subsection (4),
 a restroom or changing facility designated for the opposite sex on the premises of the LEA; and
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        H.B. 253                                                                01-11-24 12:08 PM
        (ii) refuses to depart when asked to depart by another employee of the LEA or law
 enforcement personnel as described in Subsection (5)(a).
        (c) Each LEA shall establish a disciplinary policy for employees described in
 Subsection (5)(b).
        (6) Any individual who willfully enters and refuses to depart a restroom or changing
 facility as described in Subsection (5) commits the offense of criminal trespass under Section
 76-6-206.
        (7) Each LEA shall submit documentation to the state board regarding compliance with
 this section before:
        (a) July 1, 2025, for an LEA in existence on July 1, 2024; or
        (b) the first anniversary of the day of the establishment of the LEA for an LEA that is
 not in existence on July 1, 2024.
        (8) (a) Beginning July 1, 2025, the attorney general may bring a civil action to enforce
 this section against any LEA, seeking:
        (i) injunctive relief; and
        (ii) for any LEA found to have willfully violated this section, a fine of up to $10,000
 per violation.
        (b) Fines collected under Subsection (8)(a) shall be deposited into the General Fund.
        (9) This section does not apply to an individual who is or has been under treatment by
 a physician who, in the physician's good faith clinical judgment, performs procedures upon or
 provides therapies to a minor born with a medically verifiable genetic disorder of sexual
 development, including any of the following:
        (a) external biological sex characteristics that are unresolvably ambiguous; or
        (b) a disorder of sexual development in which the physician has determined through
 genetic or biochemical testing that the patient does not have a normal sex chromosome
 structure, sex steroid hormone production, or sex steroid hormone action for a male or female,
 as applicable.
        (10) By January 1, 2025, the state board shall make rules, in accordance with Title
 63G, Chapter 3, U