Hawaii 2023 Regular Session

Hawaii Senate Bill SB1429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1429 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to sex-specific student athletic teams. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1429
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1429
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to sex-specific student athletic teams.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that it is both proper and healthy for a society to maintain opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that result from success in athletic endeavors. The legislature also finds that in recent years, the question of transgender athletes competing against biologically opposite genders has stirred controversies across the nation, with male-to-female transgender athletes winning events ranging from girls state high school championship titles, to a womens NCAA 500-yard freestyle swimming event. The legislature further finds there is a dire need to promote sex equality by ensuring that female athletes have a designated space to compete against other females. While it has become part of a national conversation, the legislature finds that for this particular issue, the male and female designation is to mean biological male and biological female, respectively. The purpose of this Act is to require the designation of separate sex-specific athletic teams or sports. SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows: "§302A- Sex-specific athletic teams. (a) The department shall designate separate sex-specific athletic teams or sports within interscholastic, intercollegiate, intramural, and club athletic teams or sports. These include sports teams sponsored by a public, primary or secondary school, a public postsecondary institution, or any school or institution whose students or teams compete against a public school or public postsecondary institution. These teams shall be expressly designated as one of the following based on biological sex: (1) Males, men, or boys; (2) Females, women, or girls; or (3) Coed or mixed. (b) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex. (c) A dispute regarding a student's sex shall be resolved by the student's school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student's personal health care provider that shall verify the student's biological sex. The health care provider may verify the student's biological sex as part of a routine sports physical examination by relying on only one or more of the following: (1) The student's reproductive anatomy; (2) The student's genetic makeup; or (3) The student's normal endogenously produced testosterone levels. (d) The board shall adopt rules regarding the receipt and timely resolution of disputes by schools and institutions consistent with this subsection. §302A- Protection for educational institutions. A governmental entity, any licensing or accrediting organization, or any athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against any school or public postsecondary institution for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex. §302A- Cause of action, civil remedies. (a) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or public postsecondary institution. (b) Any student who is subject to retaliation or other adverse action by a school, postsecondary institution, or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or public postsecondary institutions in the State, shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization. (c) Any school or public postsecondary institution that suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization. (d) All civil actions brought under this section shall be initiated within two years after the alleged harm occurred. Persons or organizations who prevail on a claim brough under this section shall be entitled to monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney fees and costs, and any other appropriate relief." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that it is both proper and healthy for a society to maintain opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that result from success in athletic endeavors.
50	50
51	51	The legislature also finds that in recent years, the question of transgender athletes competing against biologically opposite genders has stirred controversies across the nation, with male-to-female transgender athletes winning events ranging from girls state high school championship titles, to a womens NCAA 500-yard freestyle swimming event.
52	52
53	53	The legislature further finds there is a dire need to promote sex equality by ensuring that female athletes have a designated space to compete against other females. While it has become part of a national conversation, the legislature finds that for this particular issue, the male and female designation is to mean biological male and biological female, respectively.
54	54
55	55	The purpose of this Act is to require the designation of separate sex-specific athletic teams or sports.
56	56
57	57	SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
58	58
59	59	"§302A- Sex-specific athletic teams. (a) The department shall designate separate sex-specific athletic teams or sports within interscholastic, intercollegiate, intramural, and club athletic teams or sports. These include sports teams sponsored by a public, primary or secondary school, a public postsecondary institution, or any school or institution whose students or teams compete against a public school or public postsecondary institution. These teams shall be expressly designated as one of the following based on biological sex:
60	60
61	61	(1) Males, men, or boys;
62	62
63	63	(2) Females, women, or girls; or
64	64
65	65	(3) Coed or mixed.
66	66
67	67	(b) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.
68	68
69	69	(c) A dispute regarding a student's sex shall be resolved by the student's school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student's personal health care provider that shall verify the student's biological sex. The health care provider may verify the student's biological sex as part of a routine sports physical examination by relying on only one or more of the following:
70	70
71	71	(1) The student's reproductive anatomy;
72	72
73	73	(2) The student's genetic makeup; or
74	74
75	75	(3) The student's normal endogenously produced testosterone levels.
76	76
77	77	(d) The board shall adopt rules regarding the receipt and timely resolution of disputes by schools and institutions consistent with this subsection.
78	78
79	79	§302A- Protection for educational institutions. A governmental entity, any licensing or accrediting organization, or any athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against any school or public postsecondary institution for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex.
80	80
81	81	§302A- Cause of action, civil remedies. (a) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or public postsecondary institution.
82	82
83	83	(b) Any student who is subject to retaliation or other adverse action by a school, postsecondary institution, or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or public postsecondary institutions in the State, shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization.
84	84
85	85	(c) Any school or public postsecondary institution that suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.
86	86
87	87	(d) All civil actions brought under this section shall be initiated within two years after the alleged harm occurred. Persons or organizations who prevail on a claim brough under this section shall be entitled to monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney fees and costs, and any other appropriate relief."
88	88
89	89	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
90	90
91	91	SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
92	92
93	93	SECTION 5. New statutory material is underscored.
94	94
95	95	SECTION 6. This Act shall take effect upon its approval.
96	96
97	97
98	98
99	99	INTRODUCED BY: _____________________________
100	100
101	101	INTRODUCED BY:
102	102
103	103	_____________________________
104	104
105	105
106	106
107	107
108	108
109	109	Report Title: Sex-specific Athletic Teams; School Sports Description: Creates the requirement of school sports to designate sex‑specific teams for the purpose of gender equality. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
110	110
111	111
112	112
113	113
114	114
115	115	Report Title:
116	116
117	117	Sex-specific Athletic Teams; School Sports
118	118
119	119
120	120
121	121	Description:
122	122
123	123	Creates the requirement of school sports to designate sex‑specific teams for the purpose of gender equality.
124	124
125	125
126	126
127	127
128	128
129	129
130	130
131	131	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.