Text of CO HB 1273 (2020)

Second Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. 20-0919.01 Conrad Imel x2313 HOUSE BILL 20-1273 House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING PARTICIPATION IN SCHOOL SPORTS PROGRAMS FOR 101 FEMALE STUDENT ATHLETES. 102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill prohibits male students from participating on any athletic team for students in sixth through twelfth grade that participates in an athletic activity sponsored by a school and is designated for "females", "women", or "girls". If the participating student's sex is disputed, the student may prove that she is of the female sex by presenting a signed physician's statement indicating the student's sex based on the student's HOUSE SPONSORSHIP Sandridge, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. reproductive anatomy, levels of naturally occurring testosterone, and an analysis of the student's chromosomes. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. Short title. The short title of this act is the 2 "Equality and Fairness in Youth Sports Act". 3 SECTION 2. In Colorado Revised Statutes, 22-32-116.5, add 4 (1.5) as follows: 5 22-32-116.5. Extracurricular and interscholastic activities - 6 definitions. (1.5) (a) ANY TEAM COMPOSED OF STUDENT ATHLETES WHO 7 ARE ENROLLED IN ANY GRADE BETWEEN SIXTH GRADE AND TWELFTH 8 GRADE THAT IS DESIGNATED FOR "FEMALES", "WOMEN", OR "GIRLS" THAT 9 PARTICIPATES IN AN ATHLETIC ACTIVITY MUST ONLY BE OPEN TO 10 STUDENTS OF THE FEMALE SEX. 11 (b) IF DISPUTED, A STUDENT MAY PROVE THAT SHE IS OF THE 12 FEMALE SEX BY PRESENTING TO THE SCHOOL DISTRICT OF THE STUDENT'S 13 TEAM A SIGNED STATEMENT FROM A PHYSICIAN LICENSED PURSUANT TO 14 ARTICLE 240 OF TITLE 12 THAT INDICATES THE STUDENT'S SEX BASED 15 SOLELY UPON: 16 (I) THE STUDENT'S INTERNAL AND EXTERNAL REPRODUCTIVE 17 ANATOMY; 18 (II) THE STUDENT'S NATURALLY OCCURRING LEVEL OF 19 TESTOSTERONE; AND 20 (III) AN ANALYSIS OF THE STUDENT'S CHROMOSOMES. 21 (c) A SIGNED PHYSICIAN'S STATEMENT THAT MEETS THE 22 REQUIREMENTS OF SUBSECTION (1.5)(b) OF THIS SECTION IS VALID PROOF 23 OF THE STUDENT'S SEX FOR PARTICIPATION IN ANY ATHLETIC ACTIVITY IN 24 COLORADO FOR THE DURATION OF THE SCHOOL YEAR IN WHICH IT IS 25 HB20-1273 -2- PRESENTED. 1 SECTION 3. Act subject to petition - effective date. This act 2 takes effect at 12:01 a.m. on the day following the expiration of the 3 ninety-day period after final adjournment of the general assembly (August 4 5, 2020, if adjournment sine die is on May 6, 2020); except that, if a 5 referendum petition is filed pursuant to section 1 (3) of article V of the 6 state constitution against this act or an item, section, or part of this act 7 within such period, then the act, item, section, or part will not take effect 8 unless approved by the people at the general election to be held in 9 November 2020 and, in such case, will take effect on the date of the 10 official declaration of the vote thereon by the governor. 11 HB20-1273 -3-