HB 269: Privacy Protections in Sex-designated Areas - Utah

Amended 2/6/2025 15:02:716 → Substitute #1 · 8 edits

MODERATE

This bill modifies Utah's privacy protections in sex-designated areas by clarifying rules for student housing, narrowing exceptions for sex-based distinctions in athletics, and updating evidence requirements for accessing gender-designated facilities. The changes aim to strengthen privacy protections while maintaining specific exemptions for nonprofit organizations and intersex individuals.

Scope change

The bill narrows the scope of sex-based distinction exceptions to apply only to School Activity Eligibility Commission determinations and specific interscholastic activities, and broadens nonprofit educational institution exceptions under the Utah Fair Housing Act.

ELIGIBILITY

Narrows exceptions for sex-based distinctions to apply only to School Activity Eligibility Commission determinations and student participation in gender-designated interscholastic activities that don't match birth certificate sex designations.

Removes ambiguous medical treatment documentation from evidence lists for accessing sex-designated privacy spaces, limiting accepted evidence to unamended birth certificates or specific medical procedures for intersex individuals.

DEFINITION

Updates definitions in 63G-31-101 to clarify terms like 'privacy space,' 'sex-designated,' and 'single-occupant' facilities with specific criteria for walls, doors, and occupancy limits.

REQUIREMENT

Requires degree-granting institutions to provide guidance on sex-designated dwelling units in student housing and ensures institutions comply with sex designations when assigning students to housing.

Amends government entity facility compliance requirements to specify which entity bears certain duties for privacy spaces in facilities open to the general public.

Adds new Section 53B-1-411 requiring the Utah Board of Higher Education to provide guidance to degree-granting institutions on student housing compliance with sex-designated dwelling units.

TIMELINE

Establishes special effective dates with most provisions effective June 1, 2025, while certain sections require governor's approval to take effect.

EXEMPTIONS

Broadens the scope of nonprofit educational institution exceptions to the Utah Fair Housing Act, allowing sex-segregated housing for single students.

Amended Excerpts 2/6/2025 15:02:716 → Amended 2/6/2025 15:02:716 · 6 edits

MODERATE

This bill replaces the original Senate amendments to HB 269 with a new substitute bill that restructures provisions regarding sex-designated privacy spaces in education and government facilities. The changes include new definitions for terms like 'unamended birth certificate' and 'unisex facility', modifications to how birth certificates are used for accessing sex-designated areas, and updates to the Utah Fair Housing Act's nonprofit educational institution exception.

Scope change

The bill's scope expanded to include broader guidance requirements for student housing and clarified which government entities bear compliance duties for sex-designated facilities.

DEFINITION

Added new definition for 'unamended birth certificate' to specify criteria for birth certificates without gender-related amendments or with specific types of gender-related corrections.

ELIGIBILITY

Modified requirements for accessing sex-designated privacy spaces by clarifying documentation needed based on birth certificate amendment history.

REQUIREMENT

Added requirement for Utah Board of Higher Education to provide guidance on student housing owned or controlled by degree-granting institutions.

Added requirement for degree-granting institutions to comply with sex designations when assigning students to dwelling units in sex-designated student housing.

SCOPE

Modified the nonprofit educational institution exception to the Utah Fair Housing Act to broaden its scope.

TECHNICAL

Removed ambiguous medical treatment documentation provision from certain lists of evidence supporting access to sex-designated privacy spaces.

Enrolled → Amended Excerpts 2/6/2025 15:02:716 · 8 edits

MODERATE

This bill amends Utah's sex-designated privacy protections to clarify definitions, expand exemptions for nonprofit housing, and add new requirements for higher education institutions and government facilities. The changes primarily focus on ensuring sex-segregated privacy spaces in schools and housing while adding specific evidence requirements for accessing these spaces.

Scope change

The bill expands the scope of exemptions for nonprofit educational institutions regarding sex-segregated housing and clarifies applicability to higher education student housing and government facilities.

DEFINITION

Added new definition for 'unamended birth certificate' to specify which birth certificate amendments are acceptable for accessing sex-designated privacy spaces.

Added new definition for 'women's restroom' to clarify it means a restroom designated exclusively for females.

ELIGIBILITY

Modified eligibility requirements for sex-designated privacy spaces to allow individuals with amended birth certificates that correct scrivener's errors or intersex misidentifications to access corresponding spaces.

REQUIREMENT

Added requirement for degree-granting institutions to provide guidance on sex-designated student housing compliance and privacy practices.

Added requirement for government entities to develop privacy compliance plans for facilities open to the general public.

EXEMPTIONS

Broadened the nonprofit educational institution exemption to allow sex-segregated housing based on personal modesty or privacy regardless of gender identity.

ENFORCEMENT

Added requirement for government entities to contact law enforcement when receiving complaints about lewdness, voyeurism, or criminal trespass in privacy spaces.

TECHNICAL

Made technical formatting changes to clarify line breaks and section numbering in the definitions section.

Introduced → Enrolled · 7 edits · Feb 14, 2025

MODERATE

This bill enforces sex-based distinctions in privacy spaces like restrooms and student housing by requiring individuals to meet specific criteria for access. It requires birth certificates and surgical procedures for those whose gender identity differs from their birth sex, while maintaining exemptions for intersex individuals and unisex facilities.

Scope change

The bill narrows exceptions for sex-based distinctions to apply only to athletic eligibility determinations and interscholastic activities, while expanding requirements for access to privacy spaces in public schools, government facilities, and higher education housing.

ELIGIBILITY

Access to sex-designated privacy spaces now requires either matching birth sex or having legally amended birth certificates plus primary sex characteristic surgical procedures for those whose gender identity differs from their birth sex.

Ambiguous medical treatment documentation provisions were removed from lists of evidence supporting access to sex-designated privacy spaces, requiring more specific documentation standards.

REQUIREMENT

Degree-granting institutions must comply with sex designations when assigning students to dwelling units in their student housing, with the same surgical and documentation requirements as privacy spaces.

DEFINITION

New definitions clarify terms like 'privacy space,' 'sex-designated,' 'single-occupant,' and 'unisex' to establish clear standards for what facilities are covered by the law.

ENFORCEMENT

Government entities must contact law enforcement when receiving complaints about offenses like lewdness, voyeurism, or criminal trespass in privacy spaces open to the general public.

EXEMPTIONS

Nonprofit educational institution exceptions to the Utah Fair Housing Act were broadened to allow sex-segregated housing based on personal modesty or privacy, regardless of gender identity.

TIMELINE

The bill takes effect on May 7, 2025, with specific effective dates for different Utah Code sections ranging from immediate upon governor's approval to June 1, 2025.

Privacy Protections in Sex-designated Areas

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