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Senate adopts second substitute of HB 257, refocuses policy on behavior and privacy spaces

Utah State Senate · January 24, 2024
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Summary

The Senate substituted and advanced the second substitute of House Bill 257, narrowing earlier restroom designations and clarifying that the policy targets lewd/offensive behavior in government‑owned privacy spaces while strengthening privacy requirements and penalties; supporters said the changes improved the bill, but some senators asked for more time to review the revised language.

The Utah Senate adopted the second substitute of House Bill 257 on the floor, a measure the sponsor said focuses on privacy, anti‑bullying and protections for women while removing earlier gender‑designation language tied to restrooms.

Senator McKay, presenting the substituted bill, said the second substitute defines "privacy spaces" in government‑owned and -operated facilities (bathrooms and changing rooms), separates rules for bathrooms and changing rooms, and focuses enforcement on the actions of individuals who commit lewd or offensive conduct. The bill also requires future government buildings to provide adequate single‑occupancy facilities and tasks state and local entities with studying retrofits for existing buildings.

McKay emphasized that the substituted bill is designed to protect federal funding and not to regulate private businesses that merely receive certain grants. The second substitute also strengthens criminal charges for offensive behavior in privacy spaces and includes penalties for government entities that fail to report violations, with fines for noncompliance.

Several senators said the second substitute was a substantial improvement over earlier versions. Senator Thatcher said removing certain prior designations and focusing on behavior made her shift to supporting the bill. Other senators, including Senator Escamilla, said the substitute was new to caucus members and asked for more time to review the language before final passage; Senator McKay said the chamber would continue to receive feedback and that additional refinements were possible before the next reading.

A roll-call vote on the second substitute was held; senators recorded yea and nay votes during the floor sequence. Sponsor McKay moved the bill to third reading, and the Senate directed that it be read for final consideration on a future day.

Next steps: the bill will proceed to third reading, where senators may offer amendments or additional clarifications before a final passage vote.