Bill Text For SB0002 - Proposed Committee Substitute(1)

 1|                         COMMITTEE AMENDMENT                           |
  |                      HOUSE OF REPRESENTATIVES                         |
 2|                          State of Oklahoma                            |
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 3|     SPEAKER:                                                          |
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 4|     CHAIR:                                                            |
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 5|I move to amend  SB2                                                   |
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 6|printed Bill                                                           |
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 8|Engrossed Bill                                                         |
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 9|By striking the Title, the Enacting Clause, the entire bill, and by    |
  |inserting in lieu thereof the following language:                      |
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19|                          STATE OF OKLAHOMA                            |
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20|             1st Session of the 58th Legislature (2021)                |
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21|PROPOSED                                                               |
  |COMMITTEE SUBSTITUTE                                                   |
22|FOR ENGROSSED                                                          |
  |SENATE BILL NO. 2                    By: Bergstrom of the Senate       |
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  |                                         Hasenbeck of the House        |
   Req. No. 8091                                                   Page 1
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 3|                    PROPOSED COMMITTEE SUBSTITUTE                      |
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 4|       An Act relating to student athletics; creating the              |
  |       Save Women's Sports Act; providing short title;                 |
 5|       providing definitions; requiring certain athletic               |
  |       teams to be designated based on biological sex;                 |
 6|       prohibiting certain teams from being open to students           |
  |       of certain sex; creating causes of action for certain           |
 7|       students; prohibiting certain groups from taking                |
  |       actions against schools for maintaining athletic                |
 8|       teams or sports for students of the female sex;                 |
  |       creating a cause of action for certain schools;                 |
 9|       requiring causes of action to be initiated in certain           |
  |       time frame; providing for award of damages, fees and            |
10|       costs; providing for codification; providing an                 |
  |       effective date; and declaring an emergency.                     |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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16|in the Oklahoma Statutes as Section 27-105 of Title 70, unless there   |
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17|is created a duplication in numbering, reads as follows:               |
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18|    A.  This act shall be known and may be cited as the "Save          |
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19|Women's Sports Act".                                                   |
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20|    B.  As used in this section:                                       |
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21|    1.  "School" means a public school district or public charter      |
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22|school in this state or an institution within The Oklahoma State       |
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23|System of Higher Education;                                            |
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   Req. No. 8091                                                   Page 2
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 1|    2.  "School athletic association" shall have the same meaning as   |
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 2|provided for in Section 27-102 of Title 70 of the Oklahoma Statutes;   |
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 3|and                                                                    |
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 4|    3.  "Intercollegiate association" shall mean a national            |
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 5|association that sets eligibility requirements for participation in    |
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 6|sports at the collegiate level and that provides the coordination,     |
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 7|supervision and regulation of the intercollegiate competitions.        |
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 8|    C.  Athletic teams that are sponsored by a school or sponsored     |
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 9|by a private school whose students or teams compete against a school   |
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10|shall be expressly designated as one of the following based on         |
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11|biological sex:                                                        |
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12|    1.  "Males", "men" or "boys";                                      |
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13|    2.  "Females", "women" or "girls"; or                              |
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14|    3.  "Coed" or "mixed".                                             |
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15|    D.  1.  Athletic teams designated for "females", "women" or        |
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16|"girls" shall not be open to students of the male sex.                 |
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17|    2.  Any student who is deprived of an athletic opportunity or      |
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18|suffers any direct or indirect harm as a result of a violation of      |
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19|paragraph 1 of this subsection shall have a cause of action for        |
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20|injunctive relief, damages and any other relief available permitted    |
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21|by law against the school.                                             |
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22|    3.  Any student who is subject to retaliation or other adverse     |
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23|action by a school, school athletic association or intercollegiate     |
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24|association as a result of reporting a violation of paragraph 1 of     |
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   Req. No. 8091                                                   Page 3
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 1|this subsection to an employee or representative of the school,        |
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 2|school athletic association or intercollegiate association or to any   |
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 3|state or federal agency with oversight of schools in this state        |
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 4|shall have a cause of action for injunctive relief, damages and any    |
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 5|other relief available permitted by law against the school, school     |
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 6|athletic association or intercollegiate association.                   |
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 7|    E.  1.  The State Board of Education, the Oklahoma State Regents   |
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 8|for Higher Education and any school athletic association or            |
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 9|intercollegiate association of which a school is a member shall be     |
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10|prohibited from entertaining a complaint, opening an investigation     |
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11|or taking any other adverse action against a school for maintaining    |
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12|athletic teams or sports for students of the female sex as provided    |
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13|for in subsection D of this section.                                   |
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14|    2.  Any school that suffers any direct or indirect harm as a       |
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15|result of a violation of paragraph 1 of this subsection shall have a   |
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16|cause of action for injunctive relief, damages and any other relief    |
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17|permitted by law against the State Board of Education, the Oklahoma    |
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18|State Regents for Higher Education, school athletic association or     |
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19|intercollegiate association.                                           |
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20|    F.  Causes of action authorized by this section shall be           |
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21|initiated within two (2) years after the harm occurred.  Persons or    |
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22|associations that prevail on a claim brought pursuant to this          |
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23|section shall be entitled to monetary damages including for any        |
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24|psychological, emotional and physical harm suffered, reasonable        |
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   Req. No. 8091                                                   Page 4
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 1|attorney fees and costs and any other appropriate relief permitted     |
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 2|by law.                                                                |
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 3|    SECTION 2.  This act shall become effective July 1, 2021.          |
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 4|    SECTION 3.  It being immediately necessary for the preservation    |
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 5|of the public peace, health or safety, an emergency is hereby          |
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 6|declared to exist, by reason whereof this act shall take effect and    |
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 7|be in full force from and after its passage and approval.              |
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 9|    58-1-8091      EK     04/07/21                                     |
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   Req. No. 8091                                                   Page 5
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