1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 1007 By: Jett | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to student athletics; creating the | | Save Men's Sports Act; providing short title; | 8| providing definitions; requiring certain athletic | | teams to be designated based on biological sex; | 9| prohibiting certain teams from being open to students | | of certain sex; creating causes of action for certain | 10| students; prohibiting certain groups from taking | | actions against schools for maintaining athletic | 11| teams or sports for students of the male sex; | | creating a cause of action for certain schools; | 12| requiring causes of action to be initiated in certain | | time frame; providing for award of damages, fees, and | 13| costs; providing for codification; providing an | | effective date; and declaring an emergency. | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. NEW LAW A new section of law to be codified | | | 18|in the Oklahoma Statutes as Section 27-107 of Title 70, unless there | | | 19|is created a duplication in numbering, reads as follows: | | | 20| A. This act shall be known and may be cited as the "Save Men's | | | 21|Sports Act". | | | 22| B. As used in this section: | | | 23| | | | 24| | | | Req. No. 93 Page 1 ___________________________________________________________________________
1| 1. "School" means a public school district or public charter | | | 2|school in this state or an institution within The Oklahoma State | | | 3|System of Higher Education; | | | 4| 2. "School athletic association" shall have the same meaning as | | | 5|provided for in Section 27-102 of Title 70 of the Oklahoma Statutes; | | | 6|and | | | 7| 3. "Intercollegiate association" shall mean a national | | | 8|association that sets eligibility requirements for participation in | | | 9|sports at the collegiate level and that provides the coordination, | | | 10|supervision, and regulation of the intercollegiate competitions. | | | 11| C. Athletic teams that are sponsored by a school or sponsored | | | 12|by a private school whose students or teams compete against a school | | | 13|shall be expressly designated as one of the following based on | | | 14|biological sex: | | | 15| 1. "Males", "men", or "boys"; | | | 16| 2. "Females", "women", or "girls"; or | | | 17| 3. "Coed" or "mixed". | | | 18| D. Prior to the beginning of each school year, the parent or | | | 19|legal guardian of a student who competes on a school athletic team | | | 20|shall sign an affidavit acknowledging the biological sex of the | | | 21|student at birth. If the student is eighteen (18) years of age or | | | 22|older, the student who competes on a school athletic team shall sign | | | 23|an affidavit acknowledging his or her biological sex at birth. If | | | 24|there is any change in the status of the biological sex of the | | | Req. No. 93 Page 2 ___________________________________________________________________________
1|student, the affiant shall notify the school within thirty (30) days | | | 2|of such change. | | | 3| E. 1. Athletic teams designated for "males", "men", or "boys" | | | 4|shall not be open to students of the female sex. | | | 5| 2. Any student who is deprived of an athletic opportunity or | | | 6|suffers any direct or indirect harm as a result of a violation of | | | 7|paragraph 1 of this subsection shall have a cause of action for | | | 8|injunctive relief, damages, and any other relief permitted by law | | | 9|against the school. | | | 10| 3. Any student who is subject to retaliation or other adverse | | | 11|action by a school, school athletic association, or intercollegiate | | | 12|association as a result of reporting a violation of paragraph 1 of | | | 13|this subsection to an employee or representative of the school, | | | 14|school athletic association, or intercollegiate association or to | | | 15|any state or federal agency with oversight of schools in this state | | | 16|shall have a cause of action for injunctive relief, damages, and any | | | 17|other relief permitted by law against the school, school athletic | | | 18|association, or intercollegiate association. | | | 19| F. 1. The State Board of Education, the Oklahoma State Regents | | | 20|for Higher Education, and any school athletic association or | | | 21|intercollegiate association of which a school is a member shall be | | | 22|prohibited from entertaining a complaint, opening an investigation, | | | 23|or taking any other adverse action against a school for maintaining | | | 24| | | | Req. No. 93 Page 3 ___________________________________________________________________________
1|athletic teams or sports for students of the male sex as provided | | | 2|for in subsection E of this section. | | | 3| 2. Any school that suffers any direct or indirect harm as a | | | 4|result of a violation of paragraph 1 of this subsection shall have a | | | 5|cause of action for injunctive relief, damages, and any other relief | | | 6|permitted by law against the State Board of Education, the Oklahoma | | | 7|State Regents for Higher Education, school athletic association, or | | | 8|intercollegiate association. | | | 9| G. Causes of action authorized by this section shall be | | | 10|initiated within two (2) years after the harm occurred. Persons or | | | 11|associations that prevail on a claim brought pursuant to this | | | 12|section shall be entitled to monetary damages including for any | | | 13|psychological, emotional, and physical harm suffered, reasonable | | | 14|attorney fees and costs, and any other appropriate relief permitted | | | 15|by law. | | | 16| SECTION 2. This act shall become effective July 1, 2023. | | | 17| SECTION 3. It being immediately necessary for the preservation | | | 18|of the public peace, health, or safety, an emergency is hereby | | | 19|declared to exist, by reason whereof this act shall take effect and | | | 20|be in full force from and after its passage and approval. | | | 21| | | | 22| 59-1-93 EB 1/19/2023 4:06:03 PM | | | 23| | | | 24| | | | Req. No. 93 Page 4