Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 269 (2025GS)

Sponsor

Rep. Gricius, Stephanie

Final action

Governor Signed 2/14/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Utah Board of Higher Education to provide guidance regarding student housing that degree-granting institutions own or control;
• provides a definitional change for nonprofit exceptions to and broadens the scope of a nonprofit educational institution exception to the Utah Fair Housing Act;
• narrows an exception for a prohibition on sex-based distinctions to apply only to a determination of the School Activity Eligibility Commission and a student's participation in a certain gender-designated interscholastic activity;
• removes an ambiguous medical treatment documentation provision from certain lists of evidence supporting an individual's access to certain sex-designated privacy spaces;
• amends provisions regarding government entity facility compliance to specify which government entity bears certain duties;
• requires degree-granting institutions to comply with sex designations in assigning students to dwelling units within the institution's sex-designated student housing; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

46
53B-1-118
53B-1-411
53G-6-1005
57-21-3
63G-31-101
63G-31-201
63G-31-202
63G-31-301
63G-31-302
63G-31-304
63G-31-305
53B-1-118
53B-1-411
53G-6-1005
57-21-3
63G-31-101
63G-31-201
63G-31-202
63G-31-301
63G-31-302
63G-31-304
63G-31-305
Privacy Protections in Sex-designated Areas
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill modifies provisions regarding sex-designated privacy spaces in education and 
government facilities.
Highlighted Provisions:
This bill:
defines terms;
requires the Utah Board of Higher Education to provide guidance regarding student 
housing that degree-granting institutions own or control;
provides a definitional change for nonprofit exceptions to and broadens the scope of a 
nonprofit educational institution exception to the Utah Fair Housing Act;
narrows an exception for a prohibition on sex-based distinctions to apply only to a 
determination of the School Activity Eligibility Commission and a student's 
participation in a certain gender-designated interscholastic activity;
removes an ambiguous medical treatment documentation provision from certain lists of 
evidence supporting an individual's access to certain sex-designated privacy spaces;
amends provisions regarding government entity facility compliance to specify which 
government entity bears certain duties;
requires degree-granting institutions to comply with sex designations in assigning 
students to dwelling units within the institution's sex-designated student housing; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53B-1-118
, (Effective 06/01/25) as enacted by Laws of Utah 2024, Chapter 3
53G-6-1005
, (Effective upon governor's approval) as enacted by Laws of Utah 2022, 
Chapter 478
57-21-3
, (Effective 06/01/25) as last amended by Laws of Utah 2024, Chapter 200
63G-31-101
, (Effective 06/01/25) as enacted by Laws of Utah 2024, Chapter 2
63G-31-201
, (Effective upon governor's approval) as enacted by Laws of Utah 2024, 
Chapter 2
63G-31-202
, (Effective 06/01/25) as enacted by Laws of Utah 2024, Chapter 2
63G-31-301
, (Effective upon governor's approval) as enacted by Laws of Utah 2024, 
Chapter 2
63G-31-302
, (Effective upon governor's approval) as enacted by Laws of Utah 2024, 
Chapter 2
63G-31-304
, (Effective 06/01/25) as enacted by Laws of Utah 2024, Chapter 2
ENACTS:
53B-1-411
, (Effective 06/01/25) Utah Code Annotated 1953
63G-31-305
, (Effective 06/01/25) Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53B-1-118
 is amended to read:
53B-1-118 (Effective 06/01/25). Prohibited discriminatory practices -- 
Restrictions -- Campus climate survey -- Exceptions.
(1)
As used in this section:
(a)
"Important government interest" means a governmental purpose relating to
:
(i)
athletic competition or athletic safety in public education
;
 or
(ii)
privacy
, including compliance with 
Title 63G, Chapter 31, Distinctions on the 
Basis of Sex
.
(b)
"Personal identity characteristics" means an individual's race, color, ethnicity, sex, 
sexual orientation, national origin, religion, or gender identity.
(c)
(i)
"Prohibited discriminatory practice" means engaging in or maintaining a policy, 
procedure, practice, program, office, initiative, or required training that, based on 
an individual's personal identity characteristics:
(A)
promotes the differential treatment of an individual without an important 
government interest;
(B)
influences the employment decisions of an individual other than through the 
use of neutral hiring processes with regard to personal identity characteristics 
and in accordance with federal law;
(C)
influences an individual's admission to, advancement in, or graduation from 
an institution, the public education system, or an academic program; or
(D)
influences an individual's participation in an institution-sponsored or public 
education system-sponsored program.
(ii)
"Prohibited discriminatory practice" also means engaging in or maintaining a 
policy, procedure, practice, program, office, initiative, or required training that:
(A)
asserts that one personal identity characteristic is inherently superior or 
inferior to another personal identity characteristic;
(B)
asserts that an individual, by virtue of the individual's personal identity 
characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or 
a victim, whether consciously or unconsciously;
(C)
asserts that an individual should be discriminated against in violation of Title 
VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive 
beneficial treatment because of the individual's personal identity characteristics;
(D)
asserts that an individual's moral character is determined by the individual's 
personal identity characteristics;
(E)
asserts that an individual, by virtue of the individual's personal identity 
characteristics, bears responsibility for actions committed in the past by other 
individuals with the same personal identity characteristics;
(F)
asserts that an individual should feel discomfort, guilt, anguish, or other 
psychological distress solely because of the individual's personal identity 
characteristics;
(G)
asserts that meritocracy is inherently racist or sexist;
(H)
asserts that socio-political structures are inherently a series of power 
relationships and struggles among racial groups;
(I)
promotes resentment between, or resentment of, individuals by virtue of their 
personal identity characteristics;
(J)
ascribes values, morals, or ethical codes, privileges, or beliefs to an individual 
because of the individual's race, color, ethnicity, sex, sexual orientation, 
national origin, or gender identity;
(K)
considers an individual's personal identity characteristics in determining 
receipt of state financial aid or other state financial assistance, including a 
scholarship award or tuition waiver; or
(L)
is referred to or named diversity, equity, and inclusion.
(iii)
"Prohibited discriminatory practice" does not include policies or procedures 
required by state or federal law, including laws relating to prohibited 
discrimination or harassment.
(d)
"Student success and support" means an office, division, employment position, or 
other unit of an institution established or maintained to provide support, guidance, 
and resources that equip all students, including all students at higher risk of not 
completing a certificate or degree, with experiences and opportunities for success in 
each student's academic and career goals, and without excluding individuals on the 
basis of an individual's personal identity characteristics.
(e)
"Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et 
seq.
(f)
"Title VII" means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et 
seq.
(g)
"Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 
1681 et seq.
(2)
An institution may not:
(a)
engage in prohibited discriminatory practices;
(b)
take, express, or assert a position or opinion on subjects described in Subsection 
67-27-107(1)(b)(ii)
;
(c)
establish or maintain an office, division, employment position, or other unit of an 
institution established to implement, develop, plan, or promote campus policies, 
procedures, practices, programs, or initiatives, regarding prohibited discriminatory 
practices; or
(d)
employ or assign an employee or a third-party whose duties for an institution include 
coordinating, creating, developing, designing, implementing, organizing, planning, or 
promoting policies, programming, training, practices, activities, and procedures 
relating to prohibited discriminatory practices.
(3)
An institution shall:
(a)
ensure that all students have access to programs providing student success and 
support;
(b)
publish the titles and syllabi of all mandatory courses, seminars, classes, workshops, 
and training sessions on the institution's website in an online database readily 
searchable by the public;
(c)
annually train employees on the separation of personal political advocacy from an 
institution's business and employment activities;
(d)
develop strategies, including inviting speakers, to promote viewpoint diversity; and
(e)
establish policies and procedures to include opportunities for education and research 
on free speech and civic education.
(4)
Beginning on or before July 1, 2025, the board shall report to the Higher Education 
Appropriations Subcommittee on the status and allocation of appropriated funds for 
student success and support.
(5)
The Legislature shall, in a line item appropriation, appropriate ongoing funding to 
support an institution's student success and support program in accordance with this 
section.
(6)
(a)
On or before January 1, 2025, the board shall contract with a third-party 
contractor, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to 
conduct a campus expression climate survey of each institution:
(i)
to assess student, faculty, and staff perceptions of and experiences with an 
institution's campus environment that measures the student's, faculty member's, 
and staff member's perception of and experience with an institution's campus 
environment; and
(ii)
that measures the student's, faculty member's, and staff member's perception of 
and experience with campus policy and practice regarding freedom of speech and 
academic freedom at the institution.
(b)
The board shall collect the results of each campus expression climate survey under 
Subsection 
(6)
 and submit the results to the Office of Legislative Research and 
General Counsel beginning on or before July 1.
(7)
(a)
The Office of Legislative Research and General Counsel shall provide a summary 
report on the data collected from the campus expression climate surveys to the 
Education Interim Committee on or before:
(i)
November 1, 2027, for reports received in years 2025, 2026, and 2027;
(ii)
November 1, 2030, for reports received in years 2028, 2029, and 2030; and
(iii)
November 1, 2033, for reports received in years 2031, 2032, and 2033.
(b)
On or before November 1, 2035, the Office of Legislative Research and General 
Counsel shall provide a comprehensive report of the campus expression climate 
surveys to the Education Interim Committee.
(8)
Nothing in this section requires an individual to respond to a campus expression climate 
survey.
(9)
Nothing in this section limits or prohibits an institution's authority to establish policies 
that:
(a)
are necessary to comply with state or federal law, including laws relating to 
prohibited discrimination or harassment;
(b)
require disclosure of an employee's academic research, classroom teaching, or 
coursework; or
(c)
require for employment, tenure, or promotion to disclose or discuss the applicant's:
(i)
research;
(ii)
teaching agenda;
(iii)
artistic creations; or
(iv)
pedagogical approaches or experiences with students of all learning abilities.
(10)
This section does not apply to:
(a)
requirements necessary for athletic and accreditation compliance;
(b)
academic research;
(c)
academic course teaching in the classroom;
(d)
a grant that would otherwise require:
(i)
a department, office, division, or other unit of an institution to engage in a 
prohibited discriminatory practice if the grant has been reviewed and approved by 
the institution's board of trustees; or
(ii)
an institution to engage in a prohibited discriminatory practice if the grant has 
been reviewed and approved by the board;
(e)
requirements necessary for an institution to establish or maintain eligibility for any 
federal program; or
(f)
private scholarships administered by an institution.
(11)
Notwithstanding any other provision of this part, the University of Utah may take any 
action required for the University of Utah to comply with the terms of an agreement 
entered into between the University of Utah and the Ute Indian Tribe before July 1, 2024.
(12)
(a)
Beginning on July 1, 2025, the board shall conduct a biennial review of an 
institution of higher education's compliance with this section as follows:
(i)
for 2025, on each institution of higher education; and
(ii)
for 2026, and every year after, on one-half of the degree granting institutions of 
higher education and one-half of the technical colleges.
(b)
If the board identifies a violation of this section, the board shall:
(i)
on or before 30 days after the day on which the board identifies the violation, 
work with the institution to create a remediation plan; and
(ii)
provide the institution 180 days after the day of the creation of the remediation 
plan to cure the violation.
(13)
On or before November 1 of each year, the board shall prepare and submit a report to 
the Higher Education Appropriations Subcommittee on:
(a)
the review process and each institution's compliance determination; or
(b)
if a violation is identified, the remediation plan and progress under Subsection 
(12)(b)
.
(14)
On or before December 1 of each year, the Higher Education Appropriations 
Subcommittee shall:
(a)
report the findings under Subsections 
(4)
 and 
(13)
 to the Legislature; and
(b)
make appropriation recommendations about an institution's compliance with this 
section.
(15)
The Legislature may withhold future state appropriations to an institution that fails to 
cure a violation of this section within the time provided under Subsection 
(12)(b)
.
(16)
The board shall make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to establish a procedure for accepting and processing 
an individual's complaint against an institution for an alleged violation of this section.
Section 2, Section 
53B-1-411
 is enacted to read:
53B-1-411 (Effective 06/01/25). Board guidance to degree-granting institutions 
on student housing.
The board shall make policies or otherwise provide to each degree-granting institution 
guidance regarding the institution's student housing, including:
(1)
compliance with the requirements for sex-designated dwelling units within the 
institution's student housing, as those terms are defined in Section 
63G-31-305
, and the 
provision of dwelling units that are not sex-designated; and
(2)
practices to ensure individual privacy within the institution's student housing.
Section 3, Section 
53G-6-1005
 is amended to read:
53G-6-1005 (Effective upon governor's approval). Reasonable accommodations.
Nothing in this part prohibits an athletic association, LEA, or school from adopting 
reasonable safety and privacy rules and policies that designate facilities, including restrooms, 
shower facilities, and dressing facilities
, provided that
if
 the rules and policies described in 
this section afford reasonable accommodations based on gender identity to all students
 in 
compliance with 
Title 63G, Chapter 31, Distinctions on the Basis of Sex
.
Section 4, Section 
57-21-3
 is amended to read:
57-21-3 (Effective 06/01/25). Exemptions -- Sale by private individuals -- 
Nonprofit organizations -- Noncommercial transactions.
(1)
This chapter does not apply to a single-family dwelling unit sold or rented by its owner 
if:
(a)
the owner does not own an interest in four or more single-family dwelling units held 
for sale or lease at the same time;
(b)
during a 24-month period, the owner does not sell two or more single-family 
dwelling units in which the owner was not residing or was not the most recent 
resident at the time of sale;
(c)
the owner does not retain or use the facilities or services of a real estate broker or 
salesperson; and
(d)
the owner does not use a discriminatory housing practice under Subsection 
57-21-5
(2)
 in the sale or rental of the dwelling.
(2)
This chapter does not apply to a dwelling or a temporary or permanent residence facility 
if:
(a)
the discrimination is by sex,
 as defined in Section 
68-3-12.5
,
 sexual orientation, 
gender identity, or familial status for reasons of personal modesty or privacy, or in 
the furtherance of a religious institution's free exercise of religious rights under the 
First Amendment of the United States Constitution or the Utah Constitution; and
(b)
the dwelling or the temporary or permanent residence facility is:
(i)
operated by a nonprofit or charitable organization;
(ii)
owned by, operated by, or under contract with a religious organization, a religious 
association, a religious educational institution, or a religious society;
(iii)
owned by, operated by, or under contract with an affiliate of an entity described 
in Subsection 
(2)(b)(ii)
; or
(iv)
owned by or operated by a person under contract with an entity described in 
Subsection 
(2)(b)(ii)
.
(3)
This chapter, except for Subsection 
57-21-5
(2)
, does not apply to the rental of a room in 
a single-family dwelling by an owner-occupant of the single-family dwelling to another 
person if:
(a)
the dwelling is designed for occupancy by four or fewer families; and
(b)
the owner-occupant resides in one of the units.
(4)
(a)
(i)
Unless membership in a religion is restricted by race, color, sex, or national 
origin, this chapter does not prohibit an entity described in Subsection 
(4)(a)(ii)
from:
(A)
limiting the sale, rental, or occupancy of a dwelling or temporary or 
permanent residence facility the entity owns or operates for primarily 
noncommercial purposes to persons of the same religion; or
(B)
giving preference to persons of the same religion when selling, renting, or 
selecting occupants for a dwelling, or a temporary or permanent residence 
facility, the entity owns or operates for primarily noncommercial purposes.
(ii)
The following entities are entitled to the exemptions described in Subsection 
(4)(a)(i)
:
(A)
a religious organization, association, or society; or
(B)
a nonprofit institution or organization operated, supervised, or controlled by or 
in conjunction with a religious organization, association, or society.
(b)
(i)
This chapter does not prohibit an entity described in Subsection 
(4)(b)(ii)
 from:
(A)
limiting the sale, rental, or occupancy of a dwelling, or a temporary or 
permanent residence facility, the entity owns or operates to persons of a 
particular religion, sex, sexual orientation, or gender identity; or
(B)
giving preference to persons of a particular religion, sex, sexual orientation, or 
gender identity when selling, renting, or selecting occupants for a dwelling, or 
a temporary or permanent residence facility, the entity owns or operates.
(ii)
The following entities are entitled to the exemptions described in Subsection 
(4)(b)(i)
:
(A)
an entity described in Subsection 
(4)(a)(ii)
; and
(B)
a person who owns a dwelling, or a temporary or permanent residence facility, 
that is under contract with an entity described in Subsection 
(4)(a)(ii)
.
(5)
(a)
If the conditions of Subsection 
(5)(b)
 are met, this chapter does not prohibit a 
private club not open to the public, including a fraternity or sorority associated with 
an institution of higher education, from:
(i)
limiting the rental or occupancy of lodgings to members; or
(ii)
giving preference to its members.
(b)
This Subsection 
(5)
 applies only if the private club owns or operates the lodgings as 
an incident to its primary purpose and not for a commercial purpose.
(6)
This chapter does not prohibit distinctions based on inability to fulfill the terms and 
conditions, including financial obligations, of a lease, rental agreement, contract of 
purchase or sale, mortgage, trust deed, or other financing agreement.
(7)
This chapter does not prohibit a nonprofit educational institution
, including a 
degree-granting institution of higher education listed in Subsection 
53B-1-102(1)(a)
,
from:
(a)
requiring its single students to live in a dwelling, or a temporary or permanent 
residence facility, that is owned by, operated by, or under contract with the nonprofit 
educational institution;
(b)
segregating a dwelling, or a temporary or permanent residence facility, that is owned 
by, operated by, or under contract with the nonprofit educational institution on the 
basis of sex
, as defined in Section 
68-3-12.5
, regardless of gender identity,
 or familial 
status or both:
(i)
for reasons of personal modesty or privacy; or
(ii)
in the furtherance of a religious institution's free exercise of religious rights under 
the First Amendment of the United States Constitution or the Utah Constitution; or
(c)
otherwise assisting another person in making a dwelling, or a temporary or 
permanent residence facility, available to students on a sex-segregated basis as may 
be permitted by:
(i)
regulations implementing the federal Fair Housing Amendments Act of 1988;
(ii)
Title IX of the Education Amendments of 1972; or
(iii)
other applicable law.
(8)
This chapter does not prohibit any reasonable local, state, or federal restriction 
regarding the maximum number of occupants permitted to occupy a dwelling.
(9)
A provision of this chapter that pertains to familial status does not apply to the 
existence, development, sale, rental, advertisement, or financing of an apartment 
complex, condominium, or other housing development designated as housing for older 
persons, as defined by Title VIII of the Civil Rights Act of 1968, as amended.
Section 5, Section 
63G-31-101
 is amended to read:
63G-31-101 (Effective 06/01/25). Definitions.
As used in this chapter:
(1)
(a)
"Changing room" means a space designated for multiple individuals to dress or 
undress within the same space.
(b)
"Changing room" includes:
(i)
a dressing room, fitting room, locker room, or shower room; and
(ii)
a restroom when a changing room contains or is attached to the restroom.
(2)
(a)
"Facility" means a publicly owned or controlled building, structure, or other 
improvement.
(b)
"Facility" includes a subset of a publicly owned or controlled building, structure, or 
other improvement, including a restroom or locker room.
(3)
"Government entity" means
:
the same as that term is defined in Section 
63G-2-103
.
(a)
the state; or
(b)
any county, municipality, special district, special service district, or other political 
subdivision or administrative unit of the state, including:
(i)
a state institution of higher education as defined in Section 
53B-2-101
; or
(ii)
a local education agency as defined in Section 
53G-7-401
.
(4)
"Intersex individual" means the same as that term is defined in Section 
26B-8-101
.
(5)
"Men's restroom" means a restroom that is designated for the exclusive use of males and 
not females.
(6)
(a)
"Open to the general public" means that a privacy space is:
(i)
freely accessible to a member of the general public;
(ii)
accessible to an individual who has purchased a ticket, paid an entry fee, paid a 
membership fee, or otherwise paid to access the facility containing the relevant 
privacy space; or
(iii)
accessible to a student of an institution of higher education described in Section 
52B-2-101
, 
:
(A)
either freely or as described in Subsection 
(6)(a)(ii)
.
; or
(B)
within student housing as defined in Section 63G-31-305.
(b)
"Open to the general public" does not include a privacy space that is:
(i)
only accessible to employees of a government entity; or
(ii)
any area that is not normally accessible to the public.
(7)
"Privacy space" means a restroom or changing room within a publicly owned or 
controlled facility, where an individual has a reasonable expectation of privacy.
(8)
"Publicly owned or controlled" means that a government entity has at least a partial 
ownership interest in or has control of a facility, program, or event.
(9)
(a)
"Restroom" means any space that includes a toilet.
(b)
"Restroom" includes:
(i)
sex-designated men's restrooms;
(ii)
sex-designated women's restrooms;
(iii)
unisex restrooms; and
(iv)
single-occupant restrooms.
(10)
"Sex-designated" means that a facility, program, or event is designated specifically for 
males or females and not the opposite sex.
(11)
"Single-occupant" means, in relation to a single-occupant facility or privacy space, that 
the facility or privacy space:
(a)
has floor-to-ceiling walls;
(b)
has an entirely encased and locking door; and
(c)
is designated for single occupancy.
(12)
"Unamended birth certificate" means a birth certificate:
(a)
with no amendment history; or
(b)
with an amendment history that:
(i)
does not include gender-related amendments; or
(ii)
includes gender-related amendments that only:
(A)
correct an error or omission resulting from a scrivener's error under 
Subsection 26B-8-107(2); or
(B)
correct a misidentification of birth sex for an intersex individual under 
Subsection 26B-8-107(3).
(12)
(13)
"Unisex" means, in relation to a unisex facility or privacy space, that the facility 
or privacy space:
(a)
is designated for the use of both sexes; or
(b)
is not sex-designated.
(13)
(14)
"Women's restroom" means a restroom that is designated for the exclusive use of 
females and not males.
Section 6, Section 
63G-31-201
 is amended to read:
63G-31-201 (Effective upon governor's approval). Distinctions on the basis of 
sex.
(1)
A government entity may not, on the basis of sex, exclude an individual from 
participation in, deny an individual from the benefits of, or subject an individual to a 
sex-based distinction in or under any government or otherwise publicly owned or 
controlled facility, program, or event, unless the distinction is substantially related to an 
important government objective.
(2)
Each government entity shall ensure the preservation of distinctions on the basis of sex 
that protect individual privacy and competitive opportunity, as described in this chapter.
(3)
(a)
As used in this Subsection 
(3)
, "athletic facility" does not include a privacy space.
(b)
To preserve the individual privacy and competitive opportunity of females, an 
individual is not entitled to and may not access, use, or benefit from a government 
entity's athletic facility, program, or event if:
(i)
the facility, program, or event is designated for females; and
(ii)
the individual is not female.
(c)
To preserve the individual privacy and competitive opportunity of males, an 
individual is not entitled to and may not access, use, or benefit from a government 
entity's athletic facility, program, or event if:
(i)
the facility, program, or event is designated for males; and
(ii)
the individual is not male.
(4)
Notwithstanding 
Subsections 
(1)
 through 
(3)
, this chapter does
and Subsection 
63G-31-204(4)
 do
 not apply to:
(a)
a determination of 
the School Activity Eligibility Commission
,
 created in Section 
53G-6-1003
, regarding a student's athletic eligibility
; or
(b)
in the context of
the participation of
 a student
 who
, if the student
 has obtained the 
eligibility approval of the commission under Subsection 
53G-6-1004(2)
 to participate
,
 in a gender-designated interscholastic activity that does not correspond with the sex 
designation on the student's birth certificate, as those terms are defined in Section 
53G-6-1001
.
Section 7, Section 
63G-31-202
 is amended to read:
63G-31-202 (Effective 06/01/25). Sex-based distinctions to protect individual 
privacy.
A distinction on the basis of sex that provides separate accommodations for the sexes is 
substantially related to the important government objective of protecting individual privacy, 
including in the following contexts:
(1)
a privacy space;
 and
(2)
a correctional facility as defined in Section 
77-16b-102
.
; and
(3)
multi-occupancy sex-designated publicly owned dwellings.
Section 8, Section 
63G-31-301
 is amended to read:
63G-31-301 (Effective upon governor's approval). Sex-designated privacy spaces 
in public schools.
(1)
To preserve the individual privacy of male and female students in the public education 
system, a student may only access an operational sex-designated privacy space within a 
public school that is designated for student use if the student's sex corresponds with the 
sex designation of the privacy space.
(2)
For a student who makes a request to use a privacy space other than the sex-designated 
privacy space that corresponds with the student's sex because of the student's gender 
identity, as defined in Section 
34A-5-102
, or reasonable fear of bullying, the local 
education agency, as defined in Section 
53E-1-102
, shall coordinate with the student's 
parent or legal guardian to develop a privacy plan that provides the student with:
(a)
(i)
reasonable access to a unisex or single-occupant facility; or
(ii)
reasonable access to a faculty or staff restroom; or
(b)
if the access described in Subsection 
(2)(a)
 is unavailable, reasonable access to 
private use of an otherwise sex-designated privacy space through staggered 
scheduling or another policy provision that provides for temporary private access.
(3)
An LEA satisfies the LEA's duties regarding student use of a privacy space under this 
chapter if the LEA:
(a)
gives notice to students of the provisions of this section;
(b)
takes administrative action to address violations of and promote compliance with this 
section; and
(c)
develops a privacy plan in accordance with Subsection 
(2)
.
(4)
An individual may use
 the following evidence
,
 as a defense to an allegation that the 
student is not eligible to access and use a sex-designated privacy space under Subsection 
(1)
:
, 
(a)
the student's unamended birth certificate that corresponds with the sex designation 
of privacy space, which may be supported with a review of any amendment history 
obtained under Section 
26B-8-125
; or
.
(b)
documentation of a medical treatment or procedure that is consistent only with the 
sex designation of the privacy space.
(5)
Subsection 
(1)
 does not apply to:
(a)
a unisex or single-occupant facility; or
(b)
an intersex individual.
Section 9, Section 
63G-31-302
 is amended to read:
63G-31-302 (Effective upon governor's approval). Sex-designated changing 
rooms in publicly owned facilities open to the general public.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, to preserve the individual privacy of 
males and females, an individual may only access an operational sex-designated 
changing room in a government entity's facility that is open to the general public if:
(i)
the individual's sex corresponds with the sex designation of the changing room; or
(ii)
the individual has:
(A)
legally amended the individual's birth certificate to correspond with the sex 
designation of the changing room, which may be supported with a review of 
any amendment history obtained under Section 
26B-8-125
; and
(B)
undergone a primary sex characteristic surgical procedure as defined in 
Section 
58-67-102
 to correspond with the sex designation of the changing 
room.
(b)
Subsection 
(1)(a)
 does not apply to:
(i)
a minor child who requires assistance to access or use the changing room that 
corresponds with the sex of the minor's parent, guardian, or relative;
(ii)
a dependent minor, as defined in Section 
76-5-110
, or a dependent adult, as 
defined in Section 
76-5-111
 who requires assistance to access or use the changing 
room that corresponds with the sex of a caretaker;
(iii)
an individual providing public safety services, including law enforcement, 
emergency medical services as defined in Section 
26B-4-101
, and fire protection;
(iv)
an employee of a health care facility, as defined in Section 
26B-2-201
, to provide 
health care services to a patient of the health care facility; or
(v)
an individual whose employment duties include the maintenance or cleaning of 
the changing room.
(2)
An individual in a changing room has a reasonable expectation of privacy, satisfying the 
privacy element of the offense of voyeurism in Section 
76-9-702.7
.
(3)
An individual who knowingly enters a changing room in violation of Subsection 
(1)
commits the offense of criminal trespass under Section 
76-6-206
 if the individual enters 
or remains in the changing room under circumstances which a reasonable person would 
expect to likely cause affront or alarm to, on, or in the presence of another individual.
(4)
The surgical provision described in Subsection 
(1)(a)(ii)
 does not shield an individual 
from the offense of lewdness related to genitalia under Subsection 
76-9-702(3)
 or 
76-9-702.5(4)
.
(5)
An individual may use the following evidence as a defense against an allegation that the 
individual is not eligible to access and use a sex-designated changing room under 
Subsection (1):
(a)
for an individual whose birth sex corresponds with the sex designation of the 
changing room
:
, 
(i)
an individual's unamended birth certificate that corresponds with the sex 
designation of the changing room, which may be supported with a review of any 
amendment history obtained under Section 
26B-8-125
; or
(ii)
documentation of a medical treatment or procedure that is consistent only with 
the sex designation of the changing room; or
(b)
for an individual whose birth sex does not correspond with the sex designation of the 
changing room:
(i)
the individual's amended birth certificate, which may be supported with a review 
of any amendment history obtained under Section 
26B-8-125
; and
(ii)
documentation that demonstrates that the individual has undergone a primary sex 
characteristic surgical procedure as defined in Section 
58-67-102
.
(6)
Subsection 
(1)
 does not apply to:
(a)
a unisex or single-occupant facility;
(b)
a changing room that is not open to the general public; or
(c)
an intersex individual.
Section 10, Section 
63G-31-304
 is amended to read:
63G-31-304 (Effective 06/01/25). Government entity facility compliance.
(1)
Except as provided under Section 
53G-8-211
, a government entity shall contact law 
enforcement if the entity receives a complaint or allegation regarding the following 
within a privacy space in a facility that is open to the general public:
(a)
an offense of lewdness under Section 
76-9-702
;
(b)
an offense of lewdness involving a child under Section 
76-9-702.5
;
(c)
voyeurism under Section 
76-9-702.7
;
(d)
loitering in a privacy space under Section 
76-9-702.8
; or
(e)
for a changing room described in Section 
63G-31-302
, an offense of criminal 
trespass under Subsection 
63G-31-302
(2)
.
(2)
To preserve the individual privacy of males and females in privacy spaces:
(a)
a government entity 
that has administrative control over access to a given facility 
with a privacy space that is open to the general public 
shall adopt a privacy 
compliance plan to address compliance with the government entity's duties under this 
chapter;
(b)
for construction of a new facility
, a
with a privacy space that is open to the general 
public, the
 government entity 
that has authority over construction or remodeling of 
the facility 
shall ensure that the new construction includes a single-occupant facility; 
and
(c)
for existing privacy spaces, 
a
the
 government entity
 that has authority over 
construction or remodeling of the facility that contains the privacy space
:
(i)
shall consider the feasibility of retrofitting or remodeling to include:
(A)
floor-to-ceiling walls and doors or similar privacy protections;
(B)
curtains; or
(C)
other methods of improving individual privacy within the facility that are 
comparable to the methods described in Subsections 
(2)(a)(i)
 and 
(ii)
; and
(ii)
may reduce the number of fixtures that state law requires by up to 20% to provide 
adequate space for the retrofitting or remodeling described in Subsection 
(2)(a)
.
(3)
A
The
 government entity 
with authority regarding the design of a facility with a 
privacy space that is open to the general public 
shall ensure sufficient sex-designated 
privacy spaces through compliance with Sections 
15A-3-112
 and 
15A-3-304
 regarding 
unisex facilities.
Section 11, Section 
63G-31-305
 is enacted to read:
63G-31-305 (Effective 06/01/25). Higher education student housing.
(1)
As used in this section:
(a)
"Degree-granting institution" means the same as that term is defined in Section 
53B-1-101.5
.
(b)
"Dwelling unit" means the same as that term is defined in Section 
15A-5-102
.
(c)
"Student housing" means housing that a degree-granting institution publicly owns or 
controls.
(2)
To preserve the individual privacy of males and females, a degree-granting institution 
that provides student housing may only rent to, assign, or otherwise place an individual 
in a dwelling unit that is sex-designated within the institution's student housing if the 
individual's sex corresponds with the sex designation of the dwelling unit within the 
institution's student housing.
(3)
An individual may use the following evidence as a defense against an allegation that the 
individual is not eligible for renting, assignment, or placement in a sex-designated 
dwelling unit under Subsection 
(2)
: an individual's unamended birth certificate that 
corresponds with the sex designation of the dwelling unit, which may be supported with 
a review of any amendment history obtained under Section 
26B-8-125
.
(4)
Subsection 
(2)
 does not apply to:
(a)
dwelling units within student housing that the institution designates as unisex or 
single-occupant; or
(b)
an intersex individual.
(5)
Nothing in this section prohibits a degree-granting institution from offering a dwelling 
unit in student housing that is not sex-designated if the institution only assigns or places 
an individual in the dwelling unit who seeks a dwelling unit that is not sex-designated.
Section 12. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect 
June 1, 2025
.
(2)
(a)
The actions affecting sections described in Subsection (2)(b) take effect:
(i)
except as provided in Subsection (2)(a)(ii), 
May 7, 2025
; or
(ii)
if approved by two-thirds of all members elected to each house:
(A)
upon approval by the governor;
(B)
without the governor's signature, the day following the constitutional time 
limit of Utah Constitution, Article VII, Section 8; or
(C)
in the case of a veto, the date of veto override.
(b)
Subsection (2)(a) applies to the actions affecting the following sections:
(i)
Section 63G-31-301
Effective 
upon governor's approval
;
(ii)
Section 53G-6-1005
Effective 
upon governor's approval
;
(iii)
Section 63G-31-201
Effective 
upon governor's approval
; and
(iv)
Section 63G-31-302
Effective 
upon governor's approval
.
2-13-25 1:23 PM