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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4245 By: Hasenbeck
COMMITTEE SUBSTITUTE
An Act relating to student athletics; creatin g the
Save Women's Sports Act; providing definitions;
requiring certain athletic teams to be designated
based on biological sex; requiring execution of
affidavit; requiring certain notification;
prohibiting certain teams from being o pen to students
of certain sex; creating ca uses of action for cert ain
students; prohibiting certain groups from taking
actions against schools for maintaining athletic
teams or sports for students of the female sex;
creating a cause of action for certain s chools;
requiring causes of action to be in itiated in certain
time frame; providing for award of damages, fees and
costs; providing for codification; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 27 -201 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cite d as the "Save
Women's Sports Act".
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B. As used in this section:
1. "School" means a public school district or public charter
school in this state or an institution within The Oklahoma State
System of Higher Education;
2. "School athletic association" shall have the same meaning as
provided for in Section 27-102 of Title 70 of the Oklahoma Statutes;
and
3. "Intercollegiate association" shall mean a national
association that sets eligibility requirements for participation in
sports at the collegiate level and that provides the coordination,
supervision and regulation of intercollegiate competitions.
C. Athletic teams that are sponsored by a public school or
private school whose students or teams compete against a school
shall be expressly desi gnated as one of the following based on
biological sex:
1. "Males", "men" or "boys";
2. "Females", "women" or "girls" ; or
3. "Coed" or "mixed" .
D. Prior to the beginning of each school year, the parent or
legal guardian of a student who competes on a s chool athletic team
shall sign an affidavit a cknowledging the biological sex of the
student at birth. If the student is eighteen (18) years of age or
older, the student who competes on a school athletic team shall sign
an affidavit acknowledging his or he r biological sex at birth. If
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there is any change in the status of the biological sex of the
student, the affiant shall notify the school within thirty (30) days
of such change.
E. 1. Athletic teams designated for "females", "women" or
"girls" shall not be open to students of the male sex.
2. Any student who is deprived of an athletic opportunity or
suffers any direct or indirect harm as a result of a violation of
paragraph 1 of this subsection shall have a cause of action for
injunctive relief, damages , and any other available relief
permitted by law against the school.
3. Any student who is subject to retaliation or other adverse
action by a school, school athletic association or intercollegiate
association as a result of reporting a violation of parag raph 1 of
this subsection to an employee or r epresentative of the school,
school athletic association or intercollegiate association or to any
state or federal agency with oversight of schools in this state
shall have a cause of action for injunctive relie f, damages, and any
other available relief permitted by law against the school, school
athletic association, or intercollegiate association.
F. 1. The State Board of Education, the Oklahoma State Regents
for Higher Education and any school athletic associa tion or
intercollegiate association of which a school is a member shall be
prohibited from entertaining a complaint, opening an investigation
or taking any other adverse action against a school for maintaining
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athletic teams or sports for students of the f emale sex as provided
for in subsection E of this section.
2. Any school that suffers any direct or indirect harm as a
result of a violation of paragraph 1 of this subsection shall have a
cause of action for injunctive relief, damages and any other relief
permitted by law against the State Board of Education, the Oklahoma
State Regents for Higher Education, school athletic association or
intercollegiate association.
G. Causes of action authorized by this section shall be
initiated within two (2) years aft er the harm occurred. Persons or
associations that prevail on a claim brought pursuant to this
section shall be entitled to monetary damages including for any
psychological, emotional and physical harm suffered, reasonable
attorney fees and costs and any other appropriate relief permitted
by law.
SECTION 2. This act shall become effective July 1, 202 2.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is here by
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS,
As Amended.