Text of MD SB 381 (2024)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *sb0381* SENATE BILL 381 F1, D5 4lr1133 CF HB 47 By: Senators Carozza, Bailey, Corderman, Jennings, Hershey, Mautz, Ready, West, Salling, Folden, McKay, Gallion, and Simonaire Introduced and read first time: January 17, 2024 Assigned to: Education, Energy, and the Environment A BILL ENTITLED AN ACT concerning 1 Education – Interscholastic and Intramural Junior Varsity and Varsity Teams 2 – Designation Based on Sex 3 (Fairness in Girls’ Sports Act) 4 FOR the purpose of requiring certain interscholastic and intramural junior varsity and 5 varsity athletic teams or sports sponsored by certain schools to be expressly 6 designated based on biological sex; prohibiting certain entities from taking certain 7 adverse actions against a school for maintaining separate interscholastic and 8 intramural junior varsity and varsity athletic teams and sports for students of the 9 female sex; providing that certain individuals have the right to bring a civil action 10 under certain circumstances; and generally relating to interscholastic and 11 intramural junior varsity and varsity teams and sports of public and nonpublic 12 schools. 13 BY adding to 14 Article – Education 15 Section 7–118 16 Annotated Code of Maryland 17 (2022 Replacement Volume and 2023 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Education 21 7–118. 22 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 23 INDICATED. 24 2 SENATE BILL 381 (2) “STUDENT OF THE FEMALE SEX” MEANS A STUDENT WHOSE 1 BIOLOGICAL SEX IS FEMALE. 2 (3) “STUDENT OF THE MALE SEX” MEANS A STUDENT WHOSE 3 BIOLOGICAL SEX IS MALE. 4 (B) THIS SECTION APPLIES TO: 5 (1) PUBLIC HIGH SCHOOLS; AND 6 (2) NONPUBLIC HIGH SCHOOLS WHOSE STUDENT ATHLETES OR 7 ATHLETIC TEAMS COMPETE AGAINST STUDENT ATHLETES OR ATHLETIC TEAMS 8 FROM PUBLIC HIGH SCHOOLS IN THE STATE. 9 (C) (1) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VARSITY OR 10 VARSITY ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY A PUBLIC OR 11 NONPUBLIC HIGH SCHOOL SHALL BE EXPRESSLY DESIGNATED AS ONE OF THE 12 FOLLOWING BASED ON BIOLOGICAL SEX: 13 (I) A BOYS’, MALE, OR MEN’S TEAM OR SPORT; 14 (II) A GIRLS’, FEMALE, OR WOMEN’S TEAM OR SPORT; OR 15 (III) A COEDUCATIONAL OR MIXED TEAM OR SPORT. 16 (2) AN INTERSCHOLASTIC OR INTRAMURAL JUNIOR VARSITY OR 17 VARSITY ATHLETIC TEAM OR SPORT DESIGNATED FOR GIRLS, FEMALES, OR WOMEN 18 MAY NOT INCLUDE STUDENTS OF THE MALE SEX. 19 (D) A GOVERNMENTAL ENTITY, A LICENSING OR ACCREDITING 20 ORGANIZATION, OR AN ATHLETIC ASSOCIATION OR ORGANIZATION MAY NOT ACCEPT 21 A COMPLAINT, CONDUCT AN INVESTIGATION, OR TAKE ANY OTHER ADVERSE ACTION 22 AGAINST A SCHOOL FOR MAINTAINING SEPARATE INTERSCHOLASTIC OR 23 INTRAMURAL JUNIOR VARSITY OR VARSITY ATHLETIC TEAMS OR SPORTS FOR 24 STUDENTS OF THE FEMALE SEX. 25 (E) (1) (I) A STUDENT WHO IS DEPRIVED OF AN ATHLETIC 26 OPPORTUNITY OR SUFFERS ANY DIRECT OR INDIRECT HARM AS A RESULT OF A 27 VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE SCHOOL THE 28 STUDENT ATTENDS. 29 (II) A STUDENT WHO IS SUBJECT TO RETALIATION OR OTHER 30 SENATE BILL 381 3 ADVERSE ACTION BY A SCHOOL OR AN ATHLETIC ASSOCIATION OR ORGANIZATION 1 AS A RESULT OF REPORTING A VIOLATION OF THIS SECTION TO AN EMPLOYEE OR 2 REPRESENTATIVE OF THE SCHOOL, ATHLETIC ASSOCIATION OR ORGANIZATION, OR 3 ANY STATE OR FEDERAL AGENCY WITH OVERSIGHT OF SCHOOLS IN THE STATE MAY 4 BRING A CIVIL ACTION AGAINST THE SCHOOL OR ATHLETIC ASSOCIATION OR 5 ORGANIZATION. 6 (III) A SCHOOL THAT SUFFERS ANY DIRECT OR INDIRECT HARM 7 FROM A GOVERNMENTAL ENTITY, A LICENSING OR ACCREDITING ORGANIZATION, 8 OR AN ATHLETIC ASSOCIATION OR ORGANIZATION AS A RESULT OF A VIOLATION OF 9 THIS SECTION MAY BRING A CIVIL ACTION AGAINST THE GOVERNMENTAL ENTITY, 10 LICENSING OR ACCREDITING ORGANIZATION, OR ATHLETIC ASSOCIATION OR 11 ORGANIZATION. 12 (2) A CIVIL ACTION INITIATED UNDER THIS SECTION MUST BE 13 INITIATED WITHIN 2 YEARS AFTER THE HARM OCCURRED. 14 (3) AN INDIVIDUAL WHO PREVAILS IN A CIVIL ACTION UNDER THIS 15 SECTION MAY RECOVER: 16 (I) MONETARY DAMAGES, INCLUDING DAMAGES FOR ANY 17 PSYCHOLOGICAL, EMOTIONAL, AND PHYSICAL HARM SUFFERED; 18 (II) REASONABLE ATTORNEY’S FEES AND COSTS; AND 19 (III) ANY OTHER RELIEF, INCLUDING AN INJUNCTION, AS THE 20 COURT MAY DETERMINE APPROPRIATE. 21 (F) THIS SECTION MAY BE KNOWN AND CITED AS THE FAIRNESS IN GIRLS’ 22 SPORTS ACT. 23 SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 24 the application thereof to any person or circumstance is held invalid for any reason in a 25 court of competent jurisdiction, the provision shall be construed to give the provision the 26 maximum effect permitted by law unless the provision is held to be absolutely invalid. 27 SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 28 the application thereof to any person or circumstance is held invalid for any reason in a 29 court of competent jurisdiction, the invalidity does not affect other provisions or any other 30 application of this Act that can be given effect without the invalid provision or application, 31 and for this purpose the provisions of this Act are declared severable. 32 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 33 1, 2024. 34