Bill Text For SB1007 - Introduced

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