Text of GA HB 276 (2021)

21 LC 28 9972 H. B. 276 - 1 - House Bill 276 By: Representatives Singleton of the 71st, Cantrell of the 22nd, Lott of the 122nd, Jones of the 25th, Carpenter of the 4th, and others A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to 1 provide that it shall be unlawful for a public school, an institution of the University System 2 of Georgia, or a private school whose students or teams compete against a public school to 3 operate, sponsor, or facilitate athletic programs or activities that permit a person whose 4 gender is male to participate in an athletic program or activity that is designated for females; 5 to provide for a definition; to provide for remedies for violations; to waive certain 6 immunities; to provide for related matters; to repeal conflicting laws; and for other purposes. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 8 SECTION 1. 9 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 10 Code Section 20-2-315, relating to gender discrimination prohibited, authorized separate 11 gender teams, equal athletic opportunity, physical education classes, employee designated 12 to monitor compliance, grievance procedures, and reporting requirements, by adding a new 13 subsection to read as follows: 14 21 LC 28 9972 H. B. 276 - 2 - "(k)(1) As used in this subsection, the term 'gender' shall mean a person's biological sex 15 and shall be solely recognized based on a person's reproductive biology and genetics at 16 birth. 17 (2) No local school system or private school in this state whose students or teams 18 compete against a local school system in this state shall operate, sponsor, or facilitate 19 interscholastic or intramural athletics that permit a person whose gender is male to 20 participate in any interscholastic or intramural athletics that are designated for females. 21 (3) Any student who is deprived of an athletic opportunity or suffers any direct or 22 indirect harm as a result of a violation of this subsection shall have a private cause of 23 action for injunctive relief, damages, and any other relief available under law against such 24 school system or school. Sovereign immunity shall be specifically waived for purposes 25 of this paragraph. All civil actions shall be initiated within two years after the harm 26 occurred. Persons who prevail on a claim brought pursuant to this subsection shall be 27 entitled to monetary damages, including damages for any psychological, emotional, or 28 physical harm suffered, reasonable attorneys' fees and costs, and any other appropriate 29 relief." 30 SECTION 2. 31 Said title is further amended in Part 2 of Article 2 of Chapter 3, relating to University System 32 of Georgia, by adding a new Code section to read as follows: 33 "20-3-88. 34 (a) As used in this Code section, the term 'gender' shall mean a person's biological sex and 35 shall be solely recognized based on a person's reproductive biology and genetics at birth. 36 (b) No institution of the University System of Georgia shall operate, sponsor, or facilitate 37 intercollegiate or intramural athletics that permit a person whose gender is male to 38 participate in any intercollegiate or intramural athletics that are designated for females. 39 21 LC 28 9972 H. B. 276 - 3 - (c) Any student who is deprived of an athletic opportunity or suffers any direct or indirect 40 harm as a result of a violation of this subsection shall have a private cause of action for 41 injunctive relief, damages, and any other relief available under law against the board of 42 regents. Sovereign immunity of the state shall be specifically waived for purposes of this 43 paragraph. All civil actions shall be initiated within two years after the harm occurred. 44 Persons who prevail on a claim brought pursuant to this subsection shall be entitled to 45 monetary damages, including damages for any psychological, emotional, or physical harm 46 suffered, reasonable attorneys' fees and costs, and any other appropriate relief." 47 SECTION 3. 48 All laws and parts of laws in conflict with this Act are repealed. 49