Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB378 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-3848/1
2	2	ARG:skw&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 378
5	5	August 11, 2023 - Introduced by Representatives DITTRICH, RETTINGER, CALLAHAN,
6	6	MAGNAFICI, BINSFELD, O'CONNOR, GUNDRUM, GUSTAFSON, MAXEY, BODDEN,
7	7	PENTERMAN, ARMSTRONG, BRANDTJEN, TUSLER, S. JOHNSON, SAPIK, MACCO,
8	8	ROZAR, GREEN, SCHMIDT, ALLEN, BEHNKE, DUCHOW, HURD, TITTL, NEDWESKI,
9	9	SCHRAA, WICHGERS, EDMING, SORTWELL, DONOVAN and MURPHY, cosponsored by
10	10	Senators KNODL, QUINN, MARKLEIN, HUTTON and TOMCZYK. Referred to
11	11	Committee on Colleges and Universities.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to amend 36.12 (1) and 38.23 (1); and to create 36.25 (58) and 38.12 (15)
14	14	of the statutes; relating to: designating University of Wisconsin and technical
15	15	college sports and athletic teams based on the sex of the participants.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires each University of Wisconsin institution and technical college
18	18	that operates or sponsors an intercollegiate, intramural, or club athletic team or
19	19	sport to designate the athletic team or sport as falling into one of three categories
20	20	based on the sex of the participating students. The three categories are 1)
21	21	participants who are males or men; 2) participants who are females or women; and
22	22	3) coed or participants of both sexes. The bill defines “sex” as the sex determined by
23	23	a physician at birth and reflected on the birth certificate. The bill also requires a UW
24	24	institution or technical college to prohibit a male student from participating on an
25	25	athletic team or in a sport designated for females or women. Finally, the bill requires
26	26	the UW institution or technical college to notify students if the institution or
27	27	technical college intends to change a designation for an athletic team or sport.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
30	30	SECTION 1. 36.12 (1) of the statutes is amended to read:
31	31	1
32	32	2
33	33	3
34	34	4 - 2 -2023 - 2024 Legislature LRB-3848/1
35	35	ARG:skw&wlj
36	36	SECTION 1 ASSEMBLY BILL 378
37	37	36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
38	38	admission to, participation in or the benefits of, or be discriminated against in any
39	39	service, program, course or facility of the system or its institutions because of the
40	40	student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
41	41	sexual orientation, pregnancy, marital status or parental status.
42	42	SECTION 2. 36.25 (58) of the statutes is created to read:
43	43	36.25 (58) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
44	44	OR COED. (a) In this subsection, “sex” means the sex determined by a physician at
45	45	birth and reflected on the birth certificate.
46	46	(b) An institution that operates or sponsors an intercollegiate, intramural, or
47	47	club athletic team or sport shall do all of the following:
48	48	1. Expressly designate the athletic team or sport as one of the following based
49	49	on the sex of the participating students:
50	50	a. Males or men.
51	51	b. Females or women.
52	52	c. Coed or mixed-sex.
53	53	2. Prohibit students of the male sex from participating on an athletic team or
54	54	in a sport that is designated for females or women under subd. 1.
55	55	3. If the institution intends to change the designation of an athletic team or
56	56	sport under subd. 1., provide written notification of the change to students who are
57	57	eligible under both the previous and current designation to participate in the sport
58	58	or on the athletic team.
59	59	(c) 1. A student of the female sex who is deprived of the opportunity to
60	60	participate in a sport or on an athletic team or who suffers any direct or indirect harm
61	61	1
62	62	2
63	63	3
64	64	4
65	65	5
66	66	6
67	67	7
68	68	8
69	69	9
70	70	10
71	71	11
72	72	12
73	73	13
74	74	14
75	75	15
76	76	16
77	77	17
78	78	18
79	79	19
80	80	20
81	81	21
82	82	22
83	83	23
84	84	24 - 3 -2023 - 2024 Legislature
85	85	LRB-3848/1
86	86	ARG:skw&wlj
87	87	SECTION 2
88	88	ASSEMBLY BILL 378
89	89	as the result of a violation of par. (b) 2. may bring a cause of action against the
90	90	institution for injunctive relief, damages, and any other relief available under law.
91	91	2. A student of the female sex who is subject to retaliation or other adverse
92	92	action by an institution or athletic association or organization, as a result of
93	93	reporting a violation of par. (b) 2. to an employee or representative of the institution
94	94	or athletic association or organization or to any state or federal agency with oversight
95	95	over the institution, may bring a cause of action against the institution or athletic
96	96	association or organization for injunctive relief, damages, and any other relief
97	97	available under law.
98	98	3. An institution that suffers any direct or indirect harm by a licensing or
99	99	accrediting organization or an athletic association or organization as a result of
100	100	compliance with par. (b) 2. may bring a cause of action against the licensing or
101	101	accrediting organization or the athletic association or organization for injunctive
102	102	relief, damages, and any other relief available under law.
103	103	SECTION 3. 38.12 (15) of the statutes is created to read:
104	104	38.12 (15) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
105	105	OR COED. (a) In this subsection, “sex” means the sex determined by a physician at
106	106	birth and reflected on the birth certificate.
107	107	(b) A district board that operates or sponsors an intercollegiate, intramural, or
108	108	club athletic team or sport shall do all of the following:
109	109	1. Expressly designate the athletic team or sport as one of the following based
110	110	on the sex of the participating students:
111	111	a. Males or men.
112	112	b. Females or women.
113	113	c. Coed or mixed-sex.
114	114	1
115	115	2
116	116	3
117	117	4
118	118	5
119	119	6
120	120	7
121	121	8
122	122	9
123	123	10
124	124	11
125	125	12
126	126	13
127	127	14
128	128	15
129	129	16
130	130	17
131	131	18
132	132	19
133	133	20
134	134	21
135	135	22
136	136	23
137	137	24
138	138	25 - 4 -2023 - 2024 Legislature LRB-3848/1
139	139	ARG:skw&wlj
140	140	SECTION 3 ASSEMBLY BILL 378
141	141	2. Prohibit students of the male sex from participating on an athletic team or
142	142	in a sport that is designated for females or women under subd. 1.
143	143	3. If the district board intends to change the designation of an athletic team or
144	144	sport under subd. 1., provide written notification of the change to students who are
145	145	eligible under both the previous and current designation to participate in the sport
146	146	or on the athletic team.
147	147	(c) 1. A student of the female sex who is deprived of the opportunity to
148	148	participate in a sport or on an athletic team or who suffers any direct or indirect harm
149	149	as the result of a violation of par. (b) 2. may bring a cause of action against the district
150	150	board for injunctive relief, damages, and any other relief available under law.
151	151	2. A student of the female sex who is subject to retaliation or other adverse
152	152	action by a district board or athletic association or organization, as a result of
153	153	reporting a violation of par. (b) 2. to an employee or representative of the district
154	154	board or athletic association or organization or to any state or federal agency with
155	155	oversight over the district board, may bring a cause of action against the district
156	156	board or athletic association or organization for injunctive relief, damages, and any
157	157	other relief available under law.
158	158	3. A district board that suffers any direct or indirect harm by a governmental
159	159	entity, licensing or accrediting organization, or athletic association or organization
160	160	as a result of compliance with par. (b) 2. may bring a cause of action against the
161	161	governmental entity, licensing or accrediting organization, or athletic association or
162	162	organization for injunctive relief, damages, and any other relief available under law.
163	163	SECTION 4. 38.23 (1) of the statutes is amended to read:
164	164	38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
165	165	admission to, participation in or the benefits of, or be discriminated against in any
166	166	1
167	167	2
168	168	3
169	169	4
170	170	5
171	171	6
172	172	7
173	173	8
174	174	9
175	175	10
176	176	11
177	177	12
178	178	13
179	179	14
180	180	15
181	181	16
182	182	17
183	183	18
184	184	19
185	185	20
186	186	21
187	187	22
188	188	23
189	189	24
190	190	25 - 5 -2023 - 2024 Legislature
191	191	LRB-3848/1
192	192	ARG:skw&wlj
193	193	SECTION 4
194	194	ASSEMBLY BILL 378
195	195	service, program, course or facility of the board or any district because of the
196	196	student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
197	197	sexual orientation, pregnancy, marital status or parental status.
198	198	SECTION 5.0Initial applicability.
199	199	(1) This act first applies in the first semester or session beginning after the
200	200	effective date of this subsection.
201	201	(END)
202	202	1
203	203	2
204	204	3
205	205	4
206	206	5
207	207	6
208	208	7