63G-31-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 6/1/2025

As used in this chapter:

(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.

(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" meansthe same as that term is defined in Section 63G-2-103 .

(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.

(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.

(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).

(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.

(14)"Women's restroom" means a restroom that is designated for the exclusive use of females and not males.

Amended by Chapter 11 , 2025 General Session