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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 2 By: Bergstrom of the Senate
and
Hasenbeck of the House
An Act relating to school finances; amending Section
4, Chapter 379, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 3-117.3), which relates to the School Finance
Review Commission; directing the commission to
conduct a review of certain matters; providing an
effective date; and declaring an emergency.
AUTHORS: Add the following House Coauthor s: Dills, West (Kevin),
Crosswhite Hader, West (Josh), Humphrey, Conley, Stark,
Russ, Boles, Townley, Gann, Kendrix, Lawson, McDugle,
Roberts (Sean), Manger, Lowe (Dick), Steagall, Roe, Hardin
(David), Grego, Dempsey, Smith, West (Rick), Sneed,
Cornwell, Wolfley, Bashore, Olsen, Miller, Stearman a nd
Baker
AUTHORS: Add the following Senate Coauthors: Murdock, Dahm,
Hamilton, Quinn, Stephens, Rogers and Bullard
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
"An Act relating to student athletics; creatin g the
Save Women’s Sports Act; providing short title;
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 causes of
action for certain students; prohibiting certain
groups from taking actions against schools for
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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 OK LAHOMA:
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:
A. This act shall be known 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" 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 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
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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 acknowledging 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
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 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 parag raph 1 of
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this subsection to an employee or representative 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 relief available 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
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
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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 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. "
Passed the House of Representatives the 19th day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 2 By: Bergstrom of the Senate
and
Hasenbeck of the House
An Act relating to school finances; amending Section
4, Chapter 379, O.S.L. 2017 (70 O.S. Supp. 2020,
Section 3-117.3), which relates to the School Finance
Review Commission; directing the commission to
conduct a review of certain matters; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. AMENDATORY Section 4, Chapter 379, O.S.L.
2017 (70 O.S. Supp. 2020, Section 3 -117.3), is amended to read as
follows:
Section 3-117.3. A. The School Finance Review Commission shall
conduct a review of all matters related to school finance , including
but not limited to teacher:
1. Teacher compensation, and benefits and administration;
2. Administrative costs including administrative functions that
may be shared between school districts;
3. Opportunities for school districts to be operated in a cost -
effective manner;
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4. Variances in per -pupil and administrative expenditures among
school districts with comparable enrollment, demographics and
outcomes on statewide assessments; and
5. Expenditures that are not directly or sufficiently related
to improving student outcomes .
B. The Commission shall submit a report of its findings to the
Governor, the President Pro Tempore of the Senate and the Speaker of
the House of Representatives no later than December 31, 2023, and
every subsequent four (4) years by December 31.
SECTION 5. This act shall become effective July 1, 2021.
SECTION 6. 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.
Passed the Senate the 1st day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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