Text of AR SB 450 (2021)

To Create The Gender Integrity Reinforcement Legislation For Sports (girls) Act; And To Create A Legal Cause Of Action For A Violation Of The Gender Integrity Reinforcement Legislation For Sports (girls) Act.

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As introduced

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Stricken language would be deleted from and underlined language would be added to present law. *TNL215* 03/02/2021 7:49:36 AM TNL215 State of Arkansas 1 93rd General Assembly A Bill 2 Regular Session, 2021 SENATE BILL 450 3 4 By: Senator Irvin 5 By: Representative Vaught 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE GENDER INTEGRITY REINFORCEMENT 9 LEGISLATION FOR SPORTS (GIRLS) ACT; TO CREATE A LEGAL 10 CAUSE OF ACTION FOR A VIOLATION OF THE GENDER 11 INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS 12 (GIRLS) ACT; AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO CREATE THE GENDER INTEGRITY 17 REINFORCEMENT LEGISLATION FOR SPORTS 18 (GIRLS) ACT; AND TO CREATE A LEGAL CAUSE 19 OF ACTION FOR A VIOLATION OF THE GENDER 20 INTEGRITY REINFORCEMENT LEGISLATION FOR 21 SPORTS (GIRLS) ACT. 22 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. Arkansas Code Title 16 is amended to add a new chapter to 27 read as follows: 28 29 Chapter 129 30 GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) ACT 31 32 16-129-101. Title. 33 This chapter shall be known and may be cited as the "Gender Integrity 34 Reinforcement Legislation for Sports (GIRLS) Act". 35 36 SB450 2 03/02/2021 7:49:36 AM TNL215 16-129-102. Legislative findings. 1 The General Assembly finds that: 2 (1) Like the United States Senate, the General Assembly 3 recognizes that "athletic participation helps develop self-discipline ... 4 confidence, and leadership skills" S. Res. 398, 115th Cong. (2018); 5 (2) The same United States Senate resolution states that 6 "opportunities for athletic participation should be available to all 7 individuals," both male and female; 8 (3) The same United States Senate resolution also states that, 9 although "the share of athletic participation opportunities of high school 10 girls has increased more than sixfold since the passage of Title IX of the 11 Education Amendments of 1972 . . . high school girls still experience . . . a 12 lower share of athletic participation opportunities than high school boys"; 13 (4) According to the same United States Senate resolution, 14 disparities also still remain at the collegiate level; 15 (5) This chapter seeks to address these lingering disparities 16 and, as stated in the same United States Senate resolution, "promote equality 17 in sports and access to athletic opportunities for girls and women"; 18 (6) To serve these goals, the General Assembly finds that there 19 are "‘inherent differences between men and women,'" borrowing the words of 20 Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court 21 in United States v. Virginia, 518 U.S. 515, 533 (1996); and 22 (7) As Justice Ginsburg further said, these inherent differences 23 "remain cause for celebration, but not for denigration of the members of 24 either sex or for artificial constraints on an individual's opportunity". 25 26 16-129-103. Definitions. 27 As used in this chapter: 28 (1) "Covered entity" means: 29 (A) An elementary school, high school, secondary school, 30 or postsecondary school that is located in Arkansas and receives state funds; 31 (B) Any other school or institution that is located in 32 Arkansas whose students or teams compete in athletics, sports, or other 33 similar activities against an entity defined in subdivision (1)(A) of this 34 section; and 35 (C) An entity that receives membership fees or any other 36 SB450 3 03/02/2021 7:49:36 AM TNL215 funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of 1 this section; and 2 (2) "Sex" means a person's immutable biological sex as 3 objectively determined by anatomy and genetics existing at the time of birth. 4 5 16-129-104. Participation requirements. 6 (a) Any athletics, sports, or other similar activities that are 7 sponsored by a covered entity shall be expressly designated for one (1) of 8 the following groups based on sex: 9 (1) Males, men, or boys; 10 (2) Females, women, or girls; or 11 (3) Coed or mixed. 12 (b) Members of the male sex are prohibited from an athletics, sports, 13 or other similar activity that is expressly designated for females, women, or 14 girls. 15 16 16-129-105. Civil cause of action. 17 (a) The Attorney General may bring a cause of action for injunctive 18 relief and any other relief available under the law or in equity against: 19 (1) A covered entity that violates this chapter; and 20 (2) The directors, officers, agents, and employees of a covered 21 entity that violates this chapter. 22 (b) A court that finds a covered entity has violated this chapter 23 shall, in addition to awarding any relief requested under subsection (a) of 24 this section, enter an injunction barring the covered entity from receiving 25 funds from any public source, including without limitation membership fees 26 from a school, for a period of one (1) year. 27 28 29 30 31 32 33 34 35 36

As enrolled or final

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Stricken language would be deleted from and underlined language would be added to present law. Act 953 of the Regular Session *TNL215* 04-01-2021 13:32:49 TNL215 State of Arkansas As Engrossed: S4/1/21 1 93rd General Assembly A Bill 2 Regular Session, 2021 SENATE BILL 450 3 4 By: Senators Irvin, Beckham, Bledsoe, Caldwell, A. Clark, B. Davis, J. Dismang, J. English, Flippo, T. 5 Garner, Gilmore, K. Hammer, Hester, Hill, B. Johnson, M. Johnson, Rapert, G. Stubblefield, D. Wallace 6 By: Representatives Vaught, Barker, Bentley, S. Berry, Brown, Cavenaugh, Christiansen, Cloud, 7 Coleman, C. Cooper, Cozart, Crawford, Dalby, M. Davis, C. Fite, Furman, Gonzales, M. Gray, Haak, 8 Jett, Ladyman, Lundstrum, J. Mayberry, McGrew, McKenzie, Milligan, Payton, Penzo, Pilkington, Ray, 9 Richmond, Rye, B. Smith, Speaks, Tosh, Watson, Wing, Womack 10 11 For An Act To Be Entitled 12 AN ACT TO CREATE THE GENDER INTEGRITY REINFORCEMENT 13 LEGISLATION FOR SPORTS (GIRLS) ACT; TO CREATE A LEGAL 14 CAUSE OF ACTION FOR A VIOLATION OF THE GENDER 15 INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS 16 (GIRLS) ACT; AND FOR OTHER PURPOSES. 17 18 19 Subtitle 20 TO CREATE THE GENDER INTEGRITY 21 REINFORCEMENT LEGISLATION FOR SPORTS 22 (GIRLS) ACT; AND TO CREATE A LEGAL CAUSE 23 OF ACTION FOR A VIOLATION OF THE GENDER 24 INTEGRITY REINFORCEMENT LEGISLATION FOR 25 SPORTS (GIRLS) ACT. 26 27 28 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 29 30 SECTION 1. Arkansas Code Title 16 is amended to add a new chapter to 31 read as follows: 32 33 Chapter 129 34 GENDER INTEGRITY REINFORCEMENT LEGISLATION FOR SPORTS (GIRLS) ACT 35 36 As Engrossed: S4/1/21 SB450 2 04-01-2021 13:32:49 TNL215 16-129-101. Title. 1 This chapter shall be known and may be cited as the "Gender Integrity 2 Reinforcement Legislation for Sports (GIRLS) Act". 3 4 16-129-102. Legislative findings. 5 The General Assembly finds that: 6 (1) Like the United States Senate, the General Assembly 7 recognizes that "athletic participation helps develop self-discipline ... 8 confidence, and leadership skills" S. Res. 398, 115th Cong. (2018); 9 (2) The same United States Senate resolution states that 10 "opportunities for athletic participation should be available to all 11 individuals," both male and female; 12 (3) The same United States Senate resolution also states that, 13 although "the share of athletic participation opportunities of high school 14 girls has increased more than sixfold since the passage of Title IX of the 15 Education Amendments of 1972 . . . high school girls still experience . . . a 16 lower share of athletic participation opportunities than high school boys"; 17 (4) According to the same United States Senate resolution, 18 disparities also still remain at the collegiate level; 19 (5) This chapter seeks to address these lingering disparities 20 and, as stated in the same United States Senate resolution, "promote equality 21 in sports and access to athletic opportunities for girls and women"; 22 (6) To serve these goals, the General Assembly finds that there 23 are "‘inherent differences between men and women,'" borrowing the words of 24 Justice Ruth Bader Ginsburg for a majority of the United States Supreme Court 25 in United States v. Virginia, 518 U.S. 515, 533 (1996); and 26 (7) As Justice Ginsburg further said, these inherent differences 27 "remain cause for celebration, but not for denigration of the members of 28 either sex or for artificial constraints on an individual's opportunity". 29 30 16-129-103. Definitions. 31 As used in this chapter: 32 (1) "Covered entity" means: 33 (A) An elementary school, high school, secondary school, 34 or postsecondary school that is located in Arkansas and receives state funds; 35 (B) Any other school or institution that is located in 36 As Engrossed: S4/1/21 SB450 3 04-01-2021 13:32:49 TNL215 Arkansas whose students or teams compete in interscholastic, intercollegiate, 1 intramural, or club athletic teams or sports against an entity defined in 2 subdivision (1)(A) of this section; and 3 (C) An entity that receives membership fees or any other 4 funds from an entity defined in subdivision (1)(A) or subdivision (1)(B) of 5 this section; and 6 (2) "Sex" means a person's immutable biological sex as 7 objectively determined by anatomy and genetics existing at the time of birth. 8 9 16-129-104. Participation requirements. 10 (a) Any interscholastic, intercollegiate, intramural, or club athletic 11 teams or sports that are sponsored by a covered entity shall be expressly 12 designated for one (1) of the following groups based on sex: 13 (1) Males, men, or boys; 14 (2) Females, women, or girls; or 15 (3) Coed or mixed. 16 (b) Members of the male sex are prohibited from an interscholastic, 17 intercollegiate, intramural, or club athletic team or sport that is expressly 18 designated for females, women, or girls. 19 20 16-129-105. Civil cause of action. 21 (a) The Attorney General may bring a cause of action for injunctive 22 relief and any other relief available under the law or in equity against: 23 (1) A covered entity that knowingly violates this chapter; and 24 (2) The directors, officers, agents, and employees of a covered 25 entity that knowingly violates this chapter. 26 (b) A court that finds a covered entity has knowingly violated this 27 chapter shall, in addition to awarding any relief requested under subsection 28 (a) of this section, enter an injunction barring the covered entity from 29 receiving funds from any public source, including without limitation 30 membership fees from a school, for a period of one (1) year. 31 32 33 /s/Irvin 34 APPROVED: 4/27/21 35 36