Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB377 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 377
5	5	August 9, 2023 - Introduced by Senators KNODL, QUINN, MARKLEIN, HUTTON and
6	6	TOMCZYK, cosponsored by Representatives DITTRICH, RETTINGER, CALLAHAN,
7	7	MAGNAFICI, BINSFELD, O'CONNOR, GUNDRUM, GUSTAFSON, MAXEY, BODDEN,
8	8	PENTERMAN, ARMSTRONG, BRANDTJEN, TUSLER, S. JOHNSON, SAPIK, MACCO,
9	9	ROZAR, GREEN, SCHMIDT, ALLEN, BEHNKE, DUCHOW, HURD, TITTL, NEDWESKI,
10	10	SCHRAA, WICHGERS, EDMING, SORTWELL and DONOVAN. Referred to Committee
11	11	on Mental Health, Substance Abuse Prevention, Children and Families.
12	12	AN ACT to amend 36.12 (1) and 38.23 (1); and to create 36.25 (58) and 38.12 (15)
13	13	of the statutes; relating to: designating University of Wisconsin and technical
14	14	college sports and athletic teams based on the sex of the participants.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill requires each University of Wisconsin institution and technical college
17	17	that operates or sponsors an intercollegiate, intramural, or club athletic team or
18	18	sport to designate the athletic team or sport as falling into one of three categories
19	19	based on the sex of the participating students. The three categories are 1)
20	20	participants who are males or men; 2) participants who are females or women; and
21	21	3) coed or participants of both sexes. The bill defines “sex” as the sex determined by
22	22	a physician at birth and reflected on the birth certificate. The bill also requires a UW
23	23	institution or technical college to prohibit a male student from participating on an
24	24	athletic team or in a sport designated for females or women. Finally, the bill requires
25	25	the UW institution or technical college to notify students if the institution or
26	26	technical college intends to change a designation for an athletic team or sport.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
29	29	SECTION 1. 36.12 (1) of the statutes is amended to read:
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35	35	SECTION 1 SENATE BILL 377
36	36	36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
37	37	admission to, participation in or the benefits of, or be discriminated against in any
38	38	service, program, course or facility of the system or its institutions because of the
39	39	student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
40	40	sexual orientation, pregnancy, marital status or parental status.
41	41	SECTION 2. 36.25 (58) of the statutes is created to read:
42	42	36.25 (58) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
43	43	OR COED. (a) In this subsection, “sex” means the sex determined by a physician at
44	44	birth and reflected on the birth certificate.
45	45	(b) An institution that operates or sponsors an intercollegiate, intramural, or
46	46	club athletic team or sport shall do all of the following:
47	47	1. Expressly designate the athletic team or sport as one of the following based
48	48	on the sex of the participating students:
49	49	a. Males or men.
50	50	b. Females or women.
51	51	c. Coed or mixed-sex.
52	52	2. Prohibit students of the male sex from participating on an athletic team or
53	53	in a sport that is designated for females or women under subd. 1.
54	54	3. If the institution intends to change the designation of an athletic team or
55	55	sport under subd. 1., provide written notification of the change to students who are
56	56	eligible under both the previous and current designation to participate in the sport
57	57	or on the athletic team.
58	58	(c) 1. A student of the female sex who is deprived of the opportunity to
59	59	participate in a sport or on an athletic team or who suffers any direct or indirect harm
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86	86	SECTION 2
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88	88	as the result of a violation of par. (b) 2. may bring a cause of action against the
89	89	institution for injunctive relief, damages, and any other relief available under law.
90	90	2. A student of the female sex who is subject to retaliation or other adverse
91	91	action by an institution or athletic association or organization, as a result of
92	92	reporting a violation of par. (b) 2. to an employee or representative of the institution
93	93	or athletic association or organization or to any state or federal agency with oversight
94	94	over the institution, may bring a cause of action against the institution or athletic
95	95	association or organization for injunctive relief, damages, and any other relief
96	96	available under law.
97	97	3. An institution that suffers any direct or indirect harm by a licensing or
98	98	accrediting organization or an athletic association or organization as a result of
99	99	compliance with par. (b) 2. may bring a cause of action against the licensing or
100	100	accrediting organization or the athletic association or organization for injunctive
101	101	relief, damages, and any other relief available under law.
102	102	SECTION 3. 38.12 (15) of the statutes is created to read:
103	103	38.12 (15) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
104	104	OR COED. (a) In this subsection, “sex” means the sex determined by a physician at
105	105	birth and reflected on the birth certificate.
106	106	(b) A district board that operates or sponsors an intercollegiate, intramural, or
107	107	club athletic team or sport shall do all of the following:
108	108	1. Expressly designate the athletic team or sport as one of the following based
109	109	on the sex of the participating students:
110	110	a. Males or men.
111	111	b. Females or women.
112	112	c. Coed or mixed-sex.
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139	139	SECTION 3 SENATE BILL 377
140	140	2. Prohibit students of the male sex from participating on an athletic team or
141	141	in a sport that is designated for females or women under subd. 1.
142	142	3. If the district board intends to change the designation of an athletic team or
143	143	sport under subd. 1., provide written notification of the change to students who are
144	144	eligible under both the previous and current designation to participate in the sport
145	145	or on the athletic team.
146	146	(c) 1. A student of the female sex who is deprived of the opportunity to
147	147	participate in a sport or on an athletic team or who suffers any direct or indirect harm
148	148	as the result of a violation of par. (b) 2. may bring a cause of action against the district
149	149	board for injunctive relief, damages, and any other relief available under law.
150	150	2. A student of the female sex who is subject to retaliation or other adverse
151	151	action by a district board or athletic association or organization, as a result of
152	152	reporting a violation of par. (b) 2. to an employee or representative of the district
153	153	board or athletic association or organization or to any state or federal agency with
154	154	oversight over the district board, may bring a cause of action against the district
155	155	board or athletic association or organization for injunctive relief, damages, and any
156	156	other relief available under law.
157	157	3. A district board that suffers any direct or indirect harm by a governmental
158	158	entity, licensing or accrediting organization, or athletic association or organization
159	159	as a result of compliance with par. (b) 2. may bring a cause of action against the
160	160	governmental entity, licensing or accrediting organization, or athletic association or
161	161	organization for injunctive relief, damages, and any other relief available under law.
162	162	SECTION 4. 38.23 (1) of the statutes is amended to read:
163	163	38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
164	164	admission to, participation in or the benefits of, or be discriminated against in any
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192	192	SECTION 4
193	193	SENATE BILL 377
194	194	service, program, course or facility of the board or any district because of the
195	195	student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
196	196	sexual orientation, pregnancy, marital status or parental status.
197	197	SECTION 5.0Initial applicability.
198	198	(1) This act first applies in the first semester or session beginning after the
199	199	effective date of this subsection.
200	200	(END)
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