Text of MN SF 934 (2023)

1.1 A bill for an act​ 1.2 relating to education; restricting male student participation in female athletics;​ 1.3 restricting male access to female changing facilities; providing criminal penalties;​ 1.4 amending Minnesota Statutes 2022, section 121A.04, subdivisions 3, 5, by adding​ 1.5 a subdivision; proposing coding for new law in Minnesota Statutes, chapters 121A;​ 1.6 135A.​ 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.8 Section 1. Minnesota Statutes 2022, section 121A.04, is amended by adding a subdivision​ 1.9 to read:​ 1.10 Subd. 1a. Definition. For the purposes of this section, "male" means a person with a​ 1.11 heterogametic sex chromosome pair consisting of one X chromosome and one Y​ 1.12 chromosome.​ 1.13 Sec. 2. Minnesota Statutes 2022, section 121A.04, subdivision 3, is amended to read:​ 1.14 Subd. 3. Exceptions. (a) Notwithstanding any other state law to the contrary, in athletic​ 1.15 programs operated by educational institutions or public services and designed for participants​ 1.16 12 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice​ 1.17 to restrict membership on an athletic team to participants of one sex whose overall athletic​ 1.18 opportunities have previously been limited. Consistent with this section, in no case may​ 1.19 male students try out for or participate on a female-only team. A male student who​ 1.20 participates on a female-only team is guilty of a petty misdemeanor.​ 1.21 (b) When an educational institution or a public service provides athletic teams for children​ 1.22 11 years old or younger or in the 6th grade or below, those teams shall be operated without​ 1.23 restrictions on the basis of sex, except that when overall athletic opportunities for one sex​ 1​ Sec. 2.​ 23-02171 as introduced​ 01/20/23 REVISOR JFK/BM​ SENATE​ STATE OF MINNESOTA​ S.F. No. 934​ NINETY-THIRD SESSION​ (SENATE AUTHORS: LUCERO, Gruenhagen, Drazkowski and Bahr)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 01/30/2023​ Referred to Education Policy​ 2.1 have previously been limited and there is a demonstrated interest by members of that sex​ 2.2 to participate on a team restricted to members of that sex, the educational institution or​ 2.3 public service may provide a team restricted to members of that sex. Consistent with this​ 2.4 section, in no case may students of the male sex try out for or participate on a female-only​ 2.5 team. A male student who participates on a female-only team is guilty of a petty​ 2.6 misdemeanor.​ 2.7 (c) When two teams in the same sport are in fact separated or substantially separated​ 2.8 according to sex, the two teams shall be provided with substantially equal budgets per​ 2.9 participant, exclusive of gate receipts and other revenues generated by that sport, and in all​ 2.10 other respects shall be treated in a substantially equal manner. However, nothing in this​ 2.11 section shall be construed to require the two teams to conduct combined practice sessions​ 2.12 or any other combined activities related to athletics.​ 2.13 (d) If two teams are provided in the same sport, one of these teams may be restricted to​ 2.14 members of a sex whose overall athletic opportunities have previously been limited, and​ 2.15 members of either sex shall be permitted to try out for the other team.​ 2.16 (e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team​ 2.17 may be restricted to members of one sex whether or not the overall athletic opportunities​ 2.18 of that sex have previously been limited, provided that programs or events are provided for​ 2.19 each sex to the extent the educational institution or public service determines that these​ 2.20 programs or events are necessary to accommodate the demonstrated interest of each sex to​ 2.21 participate in wrestling.​ 2.22 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 2.23 committed on or after that date.​ 2.24 Sec. 3. Minnesota Statutes 2022, section 121A.04, subdivision 5, is amended to read:​ 2.25 Subd. 5. Rules. The commissioner of education, after consultation with the commissioner​ 2.26 of human rights must promulgate rules in accordance with chapter 14 to implement this​ 2.27 section to prevent discrimination in elementary and secondary school athletic programs​ 2.28 operated by educational institutions. The rules promulgated by the commissioner pursuant​ 2.29 to this section shall not require athletic competition or tournaments for teams whose​ 2.30 membership may be restricted to members of a sex whose overall athletic opportunities​ 2.31 have previously been limited to be scheduled in conjunction with the scheduling of athletic​ 2.32 competition or tournaments for teams whose membership is not so restricted by this section.​ 2.33 Any organization, association, or league, including the Minnesota State High School League,​ 2.34 entered into by elementary or secondary schools or public services for the purpose of​ 2​ Sec. 3.​ 23-02171 as introduced​ 01/20/23 REVISOR JFK/BM​ 3.1 promoting sports or adopting rules and regulations for the conduct of athletic contests​ 3.2 between members shall provide rules and regulations and conduct its activities so as to​ 3.3 permit its members to comply fully with this section. The rules of that organization,​ 3.4 association or league may provide separate seasons for athletic competition or tournaments​ 3.5 in a sport for teams whose membership may be restricted to members of a sex whose overall​ 3.6 athletic opportunities have previously been limited from athletic competition or tournaments​ 3.7 established for teams in that same sport whose membership is not so restricted by this​ 3.8 section, and its rules may prohibit a participating student from competing on more than one​ 3.9 school team in a given sport during a single school year.​ 3.10 Sec. 4. [121A.20] DRESSING FACILITIES.​ 3.11 Public school communal restrooms, locker rooms, dressing rooms, shower rooms, and​ 3.12 any other facility or setting where a student may be in a state of undress shall be designated​ 3.13 female only or male only. A male who uses a female-only facility is guilty of a misdemeanor.​ 3.14 For the purposes of this section, "male" means a person with a heterogametic sex​ 3.15 chromosome pair consisting of one X chromosome and one Y chromosome.​ 3.16 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 3.17 committed on or after that date.​ 3.18 Sec. 5. [135A.151] SINGLE-SEX ATHLETICS AND DRESSING FACILITIES​ 3.19 POLICY.​ 3.20 Subdivision 1. Definition. For the purposes of this section, "male" means a person with​ 3.21 a heterogametic sex chromosome pair consisting of one X chromosome and one Y​ 3.22 chromosome.​ 3.23 Subdivision 2. Applicability. This section applies to the following postsecondary​ 3.24 institutions:​ 3.25 (1) institutions governed by the Board of Trustees of the Minnesota State Colleges and​ 3.26 Universities or the Board of Regents of the University of Minnesota; and​ 3.27 (2) private postsecondary institutions that offer in-person courses on a campus located​ 3.28 in Minnesota and which are eligible institutions as defined in section 136A.103.​ 3.29 Subd. 3. Policy requirements. (a) Notwithstanding any other state law to the contrary,​ 3.30 in athletic programs operated by postsecondary institutions, it is not an unfair discriminatory​ 3.31 practice to restrict membership on an athletic team to participants of one sex. In no case​ 3​ Sec. 5.​ 23-02171 as introduced​ 01/20/23 REVISOR JFK/BM​ 4.1 may male students try out for or participate on a female-only team. A male student who​ 4.2 participates on a female-only team is guilty of a petty misdemeanor.​ 4.3 (b) Communal restrooms, locker rooms, dressing rooms, shower rooms, and any other​ 4.4 facility or setting where a student may be in a state of undress shall be designated female​ 4.5 only or male only. A male who uses a female-only facility is guilty of a misdemeanor.​ 4.6 EFFECTIVE DATE. This section is effective August 1, 2023, and applies to crimes​ 4.7 committed on or after that date.​ 4​ Sec. 5.​ 23-02171 as introduced​ 01/20/23 REVISOR JFK/BM​