Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB2 Latest Draft

Bill / Enrolled Version Filed 03/28/2022

                             
 
 
 
An Act 
ENROLLED SENATE 
BILL NO. 2 	By: Bergstrom, Murdock, Dahm, 
Hamilton, Quinn, Stephens, 
Rogers, Bullard, Jett, 
Merrick, Taylor, Weaver, 
Daniels, Pederson, 
Standridge, Burns, 
Newhouse, Pemberton, and 
Garvin of the Senate 
 
  and 
 
  Hasenbeck, 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, Ols en, 
Miller, Stearman, and Baker 
of the House 
 
 
 
 
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 
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   
 
ENR. S. B. NO. 2 	Page 2 
initiated in certain time frame; providing for award 
of damages, fees and costs; providing for 
codification; and declaring an emergency. 
 
 
 
 
SUBJECT:  Creating the Save Women ’s Sports Act 
 
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 -106 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 sponso red by a school or sponsored 
by a 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 
   
 
ENR. S. B. NO. 2 	Page 3 
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 indirec t 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 adve rse 
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 representative of the school, 
school athletic association or intercollegiate associa tion 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 as sociation. 
 
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   
 
ENR. S. B. NO. 2 	Page 4 
permitted by law against the State Board of Education, the Oklahoma 
State Regents for Higher Education, school athletic assoc iation 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.  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. 
   
 
ENR. S. B. NO. 2 	Page 5 
Passed the Senate the 24th day of March, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 19th day of April, 2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __