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ENGROSSED HOUSE
BILL NO. 4245 By: Hasenbeck, McDugle, Roe,
Crosswhite Hader, Bashore,
Kendrix, Dills, Stearman,
Roberts (Sean), West
(Kevin), Steagall,
Patzkowsky, Boles, West
(Josh) and Wolfley of the
House
and
Bergstrom of the Senate
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 open 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 ac tion for certain schools;
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 PEOPL E 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:
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A. This act shall be k nown and may be cite d as the "Save
Women's Sports Act".
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" means a national association
that sets eligibility requirements for participation in sports at
the collegiate level and that provides the coordination, supe rvision
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 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" .
D. Prior to the beginning of each school year, the parent or
legal guardian of a student who compete s on a school 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
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older, the student who competes on a school athletic team shall sign
an affidavit acknowledging h is or her biological sex at birth. If
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 violatio n of paragraph 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 injunc tive relief, 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 athl etic association or
intercollegiate association of which a school is a member shall be
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prohibited from entertaining a complaint, opening an investigation
or taking any other adverse action against a school for maintaining
athletic teams or sports for stude nts of the female 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, a school athletic association or
an intercollegiate association.
G. Causes of action authorized by this section shall be
initiated within two ( 2) years after 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 emer gency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate