Text of AL HB 261 (2023)

HB261 INTRODUCED Page 0 C6UAWW-1 By Representatives DuBose, Fidler, Givens, Holk-Jones, Hulsey, Collins, Shaver, Stadthagen, Kiel, Moore (P), Bedsole, Harrison, Butler, Hammett, Robertson, Lipscomb, Shedd, Yarbrough, Wood (D), Wilcox, Lamb, Shirey, Kitchens, Bolton, Marques, Estes, Sorrells, Mooney, Pettus, Easterbrook, Hurst, Stringer, Oliver, Brown, Shaw, Gidley, Underwood, Kirkland, Rehm, Garrett RFD: Education Policy First Read: 05-Apr-23 1 2 3 4 5 6 7 8 9 10 11 C6UAWW-1 04/04/2023 KMS (L)cr 2023-1326 Page 1 SYNOPSIS: Under existing law, public K-12 schools are prohibited from participating in, sponsoring, or providing coaching staff for any interscholastic athletic event in the state that is under the purview of an athletic association that allows the participation of biological males in athletic events conducted for females and the participation of biological females in athletic events conducted for biological males. This bill would require all public two-year and four-year institutions of higher education to prohibit biological males from participating on an athletic team or sport designated for females and prohibit biological females from participating on an athletic team or sport designated for males. This bill would prohibit any governmental entity or athletic or accrediting organization from taking any adverse action against a public K-12 school or public two-year or four-year institution of higher education, or retaliating against a student who reports a violation of this act. This bill would also provide a remedy to any student who suffers harm as a result of a violation of this act. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB261 INTRODUCED HB261 INTRODUCED Page 2 A BILL TO BE ENTITLED AN ACT Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm as a result of a violation of this act. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 16-1-52 of the Code of Alabama 1975, is amended to read as follows: "§16-1-52 (a) The Legislature finds and declares the following: (1) Physical differences between biological males and biological females have long made separate and sex-specific sports teams important so that female athletes can have equal opportunities to compete in sports. (2) Physical advantages for biological males relevant 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB261 INTRODUCED HB261 INTRODUCED Page 3 to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and greater maximal delivery of anaerobic and aerobic energy than biological females. (3) Even at young ages, biological males typically score higher than biological females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility. These differences become more pronounced during and after puberty as biological males produce higher levels of testosterone. On average, biological male athletes are bigger, faster, stronger, and more physically powerful than their biological female counterparts. This results in a significant sports performance gap between the sexes. (4) Studies have shown that the benefits that natural testosterone provides to biological male athletes is not significantly diminished through the use of testosterone suppression. Testosterone suppression in biological males does not result in a level playing field between biological male and biological female athletes. (5) Because of the physical differences between biological males and biological females, having separate athletic teams based on the athletes' biological sex reduces the chance of injury to biological female athletes and promotes sex equality. It provides opportunities for biological female athletes to compete against their peers rather than against biological male athletes, and allows biological female athletes to compete on a fair playing field for scholarships and other athletic accomplishments. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB261 INTRODUCED HB261 INTRODUCED Page 4 (b)(1) Except as provided in subsection (c), a public K-12 school may not participate in, sponsor, or provide coaching staff for interscholastic athletic events within this state that are either scheduled by or conducted under the authority of any athletic association of the state that permits or allows participation in athletic events within the state conducted exclusively for males by any individual who is not a biological male or participation in athletic events within the state conducted exclusively for females by any individual who is not a biological female. (2) A public K-12 school may not allow a biological female to participate on a male team if there is a female team in a sport. A public K-12 school may not allow a biological male to participate on a female team. (c) This section Subsection (b) does not apply to athletic events at which both biological males and biological females are permitted or allowed to participate. (d)(1) An intercollegiate or intramural athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for females, women, or girls shall not be open to a biological male. (2) An intercollegiate or intramural athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for males, men, or boys shall not be open to a biological female. (3) Nothing in this subsection shall be construed to restrict the eligibility of any student to participate on any 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB261 INTRODUCED HB261 INTRODUCED Page 5 intercollegiate or intramural athletic team or sport designated as coed or mixed. (e) A governmental entity, licensing or accrediting organization, or athletic association or organization may not do either of the following: (1) File a complaint, open an investigation, or take any other adverse action against a public K-12 school or public two-year or four-year institution of higher education for maintaining separate athletic teams or sports for students of the female sex or male sex. (2) Retaliate or take any adverse action against a student who reports a violation of this section to an employee or representative of the public K-12 school, public two-year or four-year institution of higher education, athletic association or organization, or to any state or federal agency with oversight of public K-12 schools or public two-year or four-year institutions of higher education in the state. (f) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, attorney fees, and any other relief available under the law. (g) It is the intent of the Legislature that constitutionally-created boards of trustees comply with the requirements of this section." Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140

HB261 ENROLLED Page 0 C6UAWW-3 By Representatives DuBose, Fidler, Givens, Holk-Jones, Hulsey, Collins, Shaver, Stadthagen, Kiel, Moore (P), Bedsole, Harrison, Butler, Hammett, Robertson, Lipscomb, Shedd, Yarbrough, Wood (D), Wilcox, Lamb, Shirey, Kitchens, Bolton, Marques, Estes, Sorrells, Mooney, Pettus, Easterbrook, Hurst, Stringer, Oliver, Brown, Shaw, Gidley, Underwood, Kirkland, Rehm, Garrett RFD: Education Policy First Read: 05-Apr-23 2023 Regular Session 1 2 3 4 5 6 7 8 9 10 11 HB261 Enrolled HB261 Enrolled Page 1 Enrolled, An Act, Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm or is directy deprived of an athletic opportunity as a result of a violation of this act. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 16-1-52 of the Code of Alabama 1975, is amended to read as follows: "§16-1-52 (a) The Legislature finds and declares the following: (1) Physical differences between biological males and biological females have long made separate and sex-specific sports teams important so that female athletes can have equal opportunities to compete in sports. (2) Physical advantages for biological males relevant to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and greater maximal delivery of anaerobic and aerobic energy than biological females. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB261 Enrolled HB261 Enrolled Page 2 (3) Even at young ages, biological males typically score higher than biological females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility. These differences become more pronounced during and after puberty as biological males produce higher levels of testosterone. On average, biological male athletes are bigger, faster, stronger, and more physically powerful than their biological female counterparts. This results in a significant sports performance gap between the sexes. (4) Studies have shown that the benefits that natural testosterone provides to biological male athletes is not significantly diminished through the use of testosterone suppression. Testosterone suppression in biological males does not result in a level playing field between biological male and biological female athletes. (5) Because of the physical differences between biological males and biological females, having separate athletic teams based on the athletes' biological sex reduces the chance of injury to biological female athletes and promotes sex equality. It provides opportunities for biological female athletes to compete against their peers rather than against biological male athletes, and allows biological female athletes to compete on a fair playing field for scholarships and other athletic accomplishments. (b)(1) Except as provided in subsection (c), a public K-12 school may not participate in, sponsor, or provide coaching staff for interscholastic athletic events within this state that are either scheduled by or conducted under the 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB261 Enrolled HB261 Enrolled Page 3 authority of any athletic association of the state that permits or allows participation in athletic events within the state conducted exclusively for males by any individual who is not a biological male or participation in athletic events within the state conducted exclusively for females by any individual who is not a biological female. (2) A public K-12 school may not allow a biological female to participate on a male team if there is a female team in a sport. A public K-12 school may not allow a biological male to participate on a female team. (c) This section Subsection (b) does not apply to athletic events at which both biological males and biological females are permitted or allowed to participate. (d)(1) An intercollegiate or intramural athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for females, women, or girls shall not be open to a biological male. (2) An intercollegiate or intramural athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for males, men, or boys shall not be open to a biological female. (3) Nothing in this subsection shall be construed to restrict the eligibility of any student to participate on any intercollegiate or intramural athletic team or sport designated as coed or mixed. (e) A governmental entity, licensing or accrediting organization, or athletic association or organization may not 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB261 Enrolled HB261 Enrolled Page 4 do either of the following: (1) File a complaint, open an investigation, or take any other adverse action against a public K-12 school or public two-year or four-year institution of higher education for maintaining separate athletic teams or sports for students of the female sex or male sex. (2) Retaliate or take any adverse action against a student who reports a an alleged violation of this section to an employee or representative of the public K-12 school, public two-year or four-year institution of higher education, athletic association or organization, or to any state or federal agency with oversight of public K-12 schools or public two-year or four-year institutions of higher education in the state. (f) Any student who is directly deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, attorney fees, and any other relief available under the law. All civil actions under this section shall be initiated within two years from the date the harm occurred. (g) No Except as provided in Section 36-1-12, no cause of action may be maintained against any employee, officer, agent, trustee, director, or board member of a public K-12 school, public two-year or four-year institution of higher education, athletic association, or organization whose actions were in compliance with subdivisions (d)(1) and (d)(2). (h) It is the intent of the Legislature that 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB261 Enrolled HB261 Enrolled Page 5 constitutionally-created boards of trustees comply with the requirements of this section." Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. 113 114 115 116 117 HB261 Enrolled HB261 Enrolled Page 6 ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 18-Apr-23, as amended. John Treadwell Clerk Senate 03-May-23 Passed House 24-May-23 Concurred in Senate Amendment 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146