Text of AZ SB 1046 (2022)

PREFILED DEC 22 2021 REFERENCE TITLE: biological sex; interscholastic athletics State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1046 Introduced by Senator Rogers AN ACT amending Title 15, chapter 1, article 1, Arizona Revised Statutes, by adding section 15-120.02; relating to interscholastic athletics. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-120.02, to read: START_STATUTE15-120.02. Designation of athletic teams; educational institutions; cause of action; definition A. Each interscholastic, intercollegiate, intramural or club athletic team or sport that is sponsored by an educational institution of this state and each educational institution whose students or teams compete against an educational institution sponsored by this state must be expressly designated as one of the following based on biological sex: 1. Males, men or boys. 2. Females, women or girls. 3. Coed or mixed sex. B. Educational institution Athletic teams or sports that are designated for females, women or girls may not be open to students of the male sex. C. If disputed, a student may establish the student's sex by presenting a physician's signed statement that indicates the student's sex based only on all of the following factors: 1. The student's internal and external reproductive anatomy. 2. The student's normal endogenously produced levels of testosterone. 3. An analysis of the student's genetic makeup. D. Subsection C of this section does not apply if a student was born with a medically verifiable genetic disorder of sex development, including: 1. A disorder in which the ambiguity of the external biological sex characteristics cannot be resolved, such as being born with forty-six xx chromosomes with virilization, forty-six xy chromosomes with undervirilization or both ovarian and testicular tissue. 2. A sexual development disorder for which a physician has determined through genetic testing that the student does not have the normal chromosome structure for a male or a female. E. For students born with a genetic disorder of sex development as described under subsection D of this section, a student may establish the student's sex by presenting a physician's signed statement indicating the biological sex of the student based solely on genetic testing, such as the presence of xx or xy chromosomes, if that can be determined. If the biological sex of the student based solely on genetic testing cannot be determined as prescribed in this subsection, the student may identify the student's sex. F. A governmental entity, a licensing or accrediting organization or an athletic association or organization may not entertain a complaint, open an investigation or take any other adverse action against an educational institution for maintaining separate interscholastic, intercollegiate, intramural or club athletic teams or sports for students of the female sex. G. 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 has a private cause of action for injunctive relief, damages and any other relief available under law against the educational institution. H. Any student who is subject to retaliation or another adverse action by an educational institution or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the educational institution or athletic association or organization or to any state or federal agency with oversight of educational institutions in this state has a private cause of action for injunctive relief, damages and any other relief available under law against the educational institution or athletic association or organization. I. Any educational institution that suffers any direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization. J. A civil action under this section must be initiated within two years after the harm occurs. A person that prevails on a claim brought under this section is entitled to monetary damages, including for any psychological, emotional and physical harm suffered, any reasonable attorney fees and costs and any other appropriate relief. K. For the purposes of this section, "educational institution" means any of the following: 1. A public school, whether or not the public school is a member of an interscholastic athletic association or organization. 2. A private school that is a member of an interscholastic athletic association or organization. 3. A university under the jurisdiction of the Arizona board of regents, whether or not the university is a member of any association listed in paragraph 5 of this subsection. 4. A community college as defined in section 15-1401, whether or not the community college is a member of any association listed in paragraph 5 of this subsection. 5. Any other institution of higher education that is a member of any of the following: (a) A national collegiate athletic association. (b) A national association of intercollegiate athletics. (c) A national junior college athletic association. END_STATUTE Sec. 2. Short title This act may be cited as the "Equitable Treatment of Women and Girls in Sports Act". Sec. 3. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.