Illinois 2025-2026 Regular Session

Illinois House Bill HB4027 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 105 ILCS 25/1.30 new Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes. LRB104 12725 LNS 23679 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 105 ILCS 25/1.30 new 105 ILCS 25/1.30 new Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes. LRB104 12725 LNS 23679 b LRB104 12725 LNS 23679 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
33 105 ILCS 25/1.30 new 105 ILCS 25/1.30 new
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55 Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes.
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1313 1 AN ACT concerning education.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. This Act may be referred to as the Riley Gaines
1717 5 Act.
1818 6 Section 5. Findings. The General Assembly makes all of the
1919 7 following findings:
2020 8 (1) The term "sex" refers to an individual's
2121 9 biological sex, either male or female. An individual's sex
2222 10 can be observed or clinically verified at or before birth,
2323 11 and in no case is an individual's sex determined by
2424 12 stipulation or self-identification.
2525 13 (2) With respect to sex, the term "equal" does not
2626 14 mean same or identical.
2727 15 (3) With respect to sex, separate accommodations are
2828 16 not inherently unequal.
2929 17 (4) An individual born with a medically verifiable
3030 18 diagnosis of disorder or differences in sex development
3131 19 shall be provided any available legal protections and
3232 20 accommodations afforded under the federal Americans with
3333 21 Disabilities Act of 1990 and any applicable State law.
3434 22 (5) Laws and rules that distinguish between the sexes
3535 23 are subject to intermediate constitutional scrutiny.
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4027 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
4040 105 ILCS 25/1.30 new 105 ILCS 25/1.30 new
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4242 Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes.
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4545 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4646 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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7676 1 Intermediate constitutional scrutiny forbids unfair
7777 2 discrimination against similarly situated male and female
7878 3 individuals but allows the law to distinguish between the
7979 4 sexes if such distinctions are substantially related to an
8080 5 important government objective.
8181 6 (6) Notwithstanding any provisions of State law to the
8282 7 contrary, distinctions between the sexes with respect to
8383 8 athletics that result in separate accommodations are
8484 9 substantially related to the important governmental
8585 10 objectives of protecting the health, safety, and privacy
8686 11 of individuals in such circumstances.
8787 12 Section 15. The Interscholastic Athletic Organization Act
8888 13 is amended by adding Section 1.30 as follows:
8989 14 (105 ILCS 25/1.30 new)
9090 15 Sec. 1.30. Equal opportunities for both sexes; single-sex
9191 16 teams.
9292 17 (a) As used in this Section:
9393 18 "Athletic association" means any governing body for an
9494 19 athletic competition or sport or any organization of athletic
9595 20 conferences.
9696 21 "Athletic event" means any contest, game, jamboree,
9797 22 scrimmage, tournament, showcase, or tryout related to a sport
9898 23 or physical activity.
9999 24 "Competition" means an athletic event after which (i) a
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110110 1 team or individual is designated as a winner, (ii) roster
111111 2 spots are determined, or (iii) prizes are awarded.
112112 3 "Female" means an individual who has, had, or will have
113113 4 the reproductive system capable of the generation, migration,
114114 5 and utilization of eggs for fertilization or would have such
115115 6 capabilities but for a developmental or genetic anomaly or
116116 7 historical accident.
117117 8 "Male" means an individual who has, had, or will have the
118118 9 reproductive system capable of the generation, migration, and
119119 10 utilization of sperm for fertilization or would have such
120120 11 capabilities but for a developmental or genetic anomaly or
121121 12 historical accident.
122122 13 "Participant" means a student who is participating in an
123123 14 athletic event.
124124 15 "Sex" means an individual's biological sex, either male or
125125 16 female, that can be observed or clinically verified at or
126126 17 before birth and is not determined by stipulation or
127127 18 self-identification.
128128 19 "School" means a public school or public postsecondary
129129 20 educational institution.
130130 21 "Team" means any individual or group of people who compete
131131 22 in athletic events for the same organization, school, club, or
132132 23 cause.
133133 24 (b) A school that offers, operates, or sponsors
134134 25 interscholastic or intercollegiate athletics shall provide
135135 26 equal athletic opportunities for members of both sexes.
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146146 1 (c) A school may operate or sponsor single-sex teams if
147147 2 the selection for such teams is based upon competitive skill
148148 3 or the activity involved is a contact sport.
149149 4 (d) A school that participates in competitions or athletic
150150 5 events with or against other schools shall designate each
151151 6 team, competition, or athletic event as one of the following
152152 7 categories:
153153 8 (1) for males, men, or boys;
154154 9 (2) for females, women, or girls; or
155155 10 (3) coeducational or mixed.
156156 11 (e) A school or athletic association that is participating
157157 12 in a competition or an athletic event with or against another
158158 13 school that operates, sponsors, or permits athletic events or
159159 14 competitions may not allow any male to compete for, against,
160160 15 or with a team designated for females, women, or girls.
161161 16 (f) A school or athletic association that operates,
162162 17 sponsors, or permits athletic events or competitions may not
163163 18 allow the following:
164164 19 (1) any male to occupy a roster spot on any team
165165 20 designated for females, women, or girls; or
166166 21 (2) any male to receive a scholarship designated for
167167 22 female athletes.
168168 23 (g) The biological sex listed on a participant's birth
169169 24 certificate may be relied on to establish the participant's
170170 25 eligibility for athletic activities under this Section if the
171171 26 sex designated on the birth certificate was designated at or
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182182 1 near the time of the participant's birth.
183183 2 (h) Nothing in this Section may be construed to authorize
184184 3 a school or athletic association to verify or confirm a
185185 4 participant's sex through visual inspection of a participant's
186186 5 external sex organs for purposes of participation in athletic
187187 6 events. This subsection (h) does not prohibit reliance on
188188 7 medical records or other standard, school medical procedures
189189 8 for verification.
190190 9 (i) Nothing in this Section prohibits a school or athletic
191191 10 association from allowing males to practice or train with
192192 11 teams designated for females, women, or girls if the male
193193 12 players do not take a roster spot, an opportunity to compete, a
194194 13 scholarship, or a spot at the school from any female.
195195 14 (j) A governmental entity, licensing or accrediting
196196 15 organization, athletic association, or school may not consider
197197 16 a complaint, open an investigation, or take adverse action
198198 17 against a school for complying with this Section.
199199 18 (k) An individual who is deprived of an athletic
200200 19 opportunity or who suffers or will suffer direct or indirect
201201 20 harm resulting from a violation of this Section may bring a
202202 21 private cause of action for injunctive relief, compensatory
203203 22 damages, and attorney's fees against the violating entity.
204204 23 (l) A school or athletic association that suffers or will
205205 24 suffer direct or indirect harm as a result of a violation of
206206 25 this Section may bring a private cause of action against the
207207 26 violating entity for injunctive relief and compensatory
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218218 1 damages.
219219 2 (m) An individual or team subjected to retaliation or
220220 3 other adverse actions as a result of reporting a violation of
221221 4 this Section to an employee or representative of a school or
222222 5 athletic association or a State or federal governmental entity
223223 6 with oversight authority may bring a private cause of action
224224 7 against the retaliating entity for injunctive relief, damages,
225225 8 and any other available relief.
226226 9 (n) An action brought under this Section shall be
227227 10 commenced within one year after the event giving rise to the
228228 11 complaint.
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