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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 2 By: Bergstrom of the Senate
and
Hasenbeck and Dills of the
House
COMMITTEE SUBSTITUTE
An Act relating to student athletics; creating the
Save Women’s Sports Act; providing short title;
providing definitions; requiring certain athletic
teams to be designated based on biological sex;
prohibiting certain teams from being open to students
of certain sex; creating causes of action for certain
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 schools;
requiring causes of action to be initiated 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 OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 27 -105 of Title 70, unless there
is created a duplication in numbering, reads as follows:
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A. This act shall be known and may be cited as the “Sav e
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” shall mean a national
association that sets eligibility requirements for participation in
sports at the collegiate level and that pro vides the coordination,
supervision and regulation of the intercollegiate competitions.
C. Athletic teams that are sponsored by a school or sponsored
by a 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. 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
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paragraph 1 of this subsection shall have a cause of action for
injunctive relief, damages and any other relief available 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 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 injunctive relief, damages and any
other relief available per mitted by law against the school, school
athletic association or intercollegiate association.
E. 1. The State Board of Education, the Oklahoma State Regents
for Higher Education and any school athletic association 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
athletic teams or sports for students of the female sex as provided
for in subsection D 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
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State Regents for Higher Education, school athletic association or
intercollegiate association.
F. 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, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency 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.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 04/08/2021 - DO PASS, As Amended and Coauthored.