Text of NE LB 575 (2024)

LEGISLATURE OF NEBRASKA ONE HUNDRED EIGHTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 575 Introduced by Kauth, 31; Aguilar, 35; Albrecht, 17; Ballard, 21; Bostelman, 23; Brandt, 32; Brewer, 43; Briese, 41; Clements, 2; DeKay, 40; Dorn, 30; Dover, 19; Erdman, 47; Halloran, 33; Hansen, B., 16; Hardin, 48; Holdcroft, 36; Hughes, 24; Ibach, 44; Jacobson, 42; Linehan, 39; Lippincott, 34; Lowe, 37; McDonnell, 5; Murman, 38; Riepe, 12; Sanders, 45; von Gillern, 4. Read first time January 17, 2023 Committee: A BILL FOR AN ACT relating to schools; to adopt the Sports and Spaces 1 Act; to provide an operative date; to provide severability; and to 2 declare an emergency. 3 Be it enacted by the people of the State of Nebraska, 4 LB575 2023 LB575 2023 -1- Section 1. Sections 1 to 7 of this act shall be known and may be 1 cited as the Sports and Spaces Act. 2 Sec. 2. (1) For purposes of the Sports and Spaces Act: 3 (a) Biological female means a person who was born with female 4 anatomy with two X chromosomes in her cells; 5 (b) Biological male means a person who was born with male anatomy 6 with X and Y chromosomes in his cells; and 7 (c) School means any public, private, denominational, and parochial 8 school offering instruction in elementary or high school grades. 9 Sec. 3. (1) A school shall designate each group bathroom and locker 10 room within such school building as either for use by biological females 11 or for use by biological males. 12 (2) Except as provided in subsection (3) of this section, no school 13 shall: 14 (a) Allow a biological male to use a restroom facility designated 15 for use by biological females; 16 (b) Allow a biological female to use a restroom facility designated 17 for use by biological males; 18 (c) Allow a biological male to enter or use a locker room designated 19 for or being used at such time by one or more biological females; or 20 (d) Allow a biological female to enter or use a locker room 21 designated for or being used at such time by one or more biological 22 males. 23 (3) Subject to the policy of the school, (a) a biological male 24 coach, trainer, or other authorized individual or school employee may 25 enter a locker room designated for or being used at such time by one or 26 more biological females and (b) a biological female coach, trainer, or 27 other authorized individual or school employee may enter a locker room 28 designated for or being used at such time by one or more biological 29 males. 30 (4) A school or any official of a school shall not retaliate against 31 LB575 2023 LB575 2023 -2- any person for reporting a violation of this section or related rules, 1 regulations, or policies. 2 (5) A student aggrieved by a violation of this section may bring a 3 civil cause of action against the school committing such violation. A 4 plaintiff who prevails in such action may be entitled to injunctive 5 relief as may be appropriate, actual damages, and reasonable attorney's 6 fees. 7 Sec. 4. (1) An interscholastic or intramural athletic team or sport 8 that is sponsored by a school shall be expressly designated as one of the 9 following based on biological sex: 10 (a) Males, men, or boys; 11 (b) Females, women, or girls; or 12 (c) Coed or mixed. 13 (2)(a) An athletic team or sport designated for females, women, or 14 girls shall not be open to a biological male student. 15 (b) An athletic team or sport designated for males, men, or boys 16 shall not be open to a biological female student unless there is no 17 female team available for such sport for such biological female student. 18 (3) Nothing in this section shall be construed to restrict the 19 eligibility of any student to participate in any interscholastic or 20 intramural athletic teams or sports designated as coed or mixed. 21 Sec. 5. No government entity, any licensing or accrediting 22 organization, or any athletic association or organization shall entertain 23 a complaint, open an investigation, or take any other adverse action 24 against a school for maintaining separate interscholastic or intramural 25 athletic teams or sports for biological female students. 26 Sec. 6. (1) Any student who is deprived of an athletic opportunity 27 or suffers any direct or indirect harm as a result of a public school 28 knowingly violating the Sports and Spaces Act shall have a private cause 29 of action for injunctive relief, damages, and any other remedy available 30 by law against the school. 31 LB575 2023 LB575 2023 -3- (2) Any student who is subject to retaliation or other adverse 1 action by a school or athletic association or organization as a result of 2 reporting a violation of the Sports and Spaces Act to an employee or 3 representative of the school or athletic association or organization or 4 to any state or federal agency with oversight of schools in this state 5 shall have a private cause of action for injunctive relief, damages, and 6 any other remedy available under law against the school or athletic 7 association or organization. 8 (3) Any school that suffers any direct or indirect harm as a result 9 of a violation of the Sports and Spaces Act shall have a private cause of 10 action for injunctive relief, damages, and any other remedy available 11 under law against the government entity, licensing or accrediting 12 organization, or athletic association or organization. 13 (4) All civil actions brought under the Sports and Spaces Act must 14 be initiated within two years after the harm occurred. Persons or 15 organizations who prevail on a claim brought pursuant to the Sports and 16 Spaces Act shall be entitled to monetary damages, including for any 17 psychological, emotional, and physical harm suffered, reasonable 18 attorney's fees and costs, and any other appropriate relief. 19 Sec. 7. Each school shall adopt a policy implementing the Sports 20 and Spaces Act. 21 Sec. 8. This act becomes operative on August 1, 2023. 22 Sec. 9. If any section in this act or any part of any section is 23 declared invalid or unconstitutional, the declaration shall not affect 24 the validity or constitutionality of the remaining portions. 25 Sec. 10. Since an emergency exists, this act takes effect when 26 passed and approved according to law. 27 LB575 2023 LB575 2023 -4-