Text of NV AB 374 (2023)

A.B. 374 - *AB374* ASSEMBLY BILL NO. 374–ASSEMBLYMEN GURR, GALLANT, GRAY; DELONG, DICKMAN, HANSEN, HARDY, HIBBETTS, KASAMA, KOENIG, MCARTHUR AND YUREK MARCH 22, 2023 ____________ JOINT SPONSORS: SENATORS GOICOECHEA, HANSEN, TITUS AND STONE ____________ Referred to Committee on Education SUMMARY—Revises provisions governing athletics in schools, the Nevada System of Higher Education and organizations for youth sports. (BDR 34-718) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to athletics; requiring the Nevada Interscholastic Activities Association to adopt rules and regulations requiring each interscholastic activity or event to be designated based on biological sex; requiring the Board of Regents of the University of Nevada to adopt a policy requiring each interscholastic sport or athletic event that is sanctioned or sponsored by a university, state college or community college within the Nevada System of Higher Education to be designated based on biological sex; requiring each organization for youth sports that sanctions or sponsors competitive sports for youths in this State to adopt a policy requiring each youth sport to be designated based on biological sex; defining certain terms; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the establishment of the Nevada Interscholastic 1 Activities Association for the purpose of controlling, supervising and regulating 2 interscholastic athletic events and other interscholastic events in public schools and 3 requires the Association to adopt rules and regulations for that purpose. (NRS 4 385B.050, 385B.060) Section 1 of this bill requires the Association to adopt rules 5 – 2 – - *AB374* and regulations requiring each interscholastic activity and event to be designated 6 based upon biological sex as follows: (1) a male, boys’, or men’s interscholastic 7 activity or event, open for participation only by those pupils who are biological 8 males; (2) a female, girls’ or women’s interscholastic activity or event, open for 9 participation only by those pupils who are biological females; or (3) a 10 coeducational or mixed interscholastic activity or event, open for participation only 11 by those pupils who are biological males and biological females. Section 1 further 12 defines “biological female,” “biological male” and “biological sex” for the purpose 13 of such designations. 14 Existing law provides that the Nevada System of Higher Education is 15 comprised of certain entities, including universities, state colleges and community 16 colleges. (NRS 396.020) Section 2 of this bill requires the Board of Regents of the 17 University of Nevada to adopt a policy requiring each intercollegiate sport or 18 athletic event that is sanctioned or sponsored by a university, state college or 19 community college within the System to be designated, based on biological sex, in 20 the same designations as required for interscholastic activities and events pursuant 21 to section 1. Section 2 provides for the same definitions of “biological female,” 22 “biological male” and “biological sex” as in section 1 for the purpose of such 23 designations. 24 Existing law requires each organization for youth sports that sanctions or 25 sponsors competitive sports for youths in this State to adopt a policy concerning the 26 prevention and treatment of injuries to the head which occur during a youth’s 27 participation in those competitive sports. (NRS 455A.200) Section 3 of this bill 28 requires each such organization to adopt a policy requiring each youth sport that it 29 sanctions or sponsors to be designated, based on biological sex, in the same 30 designations as required for interscholastic activities and events pursuant to section 31 1. Section 3 provides for the same definitions of “biological female,” “biological 32 male” and “biological sex” as in section 1 for the purpose of such designations. 33 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 385B of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The Nevada Interscholastic Activities Association shall 3 adopt rules and regulations in the manner provided for state 4 agencies by chapter 233B of NRS requiring each interscholastic 5 activity or event to be designated, based on biological sex, as one 6 of the following: 7 (a) A male, boys’ or men’s interscholastic activity or event, 8 which must be open for participation only by those pupils who are 9 biological males. 10 (b) A female, girls’ or women’s interscholastic activity or 11 event, which must be open for participation only by those pupils 12 who are biological females. 13 (c) A coeducational or mixed interscholastic activity or event, 14 which must be open for participation only by biological males and 15 biological females. 16 – 3 – - *AB374* 2. Nothing in this section shall be construed to restrict the 1 ability of any school to implement or maintain a coeducational or 2 mixed interscholastic activity or event which is open for 3 participation by biological males and biological females, if the 4 implementation or maintenance of such an activity or event does 5 not cause the disbanding of an existing activity or event open for 6 participation solely by pupils who are either biological females or 7 biological males. 8 3. As used in this section: 9 (a) “Biological female” means a person whose biological sex 10 is female. 11 (b) “Biological male” means a person whose biological sex is 12 male. 13 (c) “Biological sex” means a statement of the biological sex of 14 a person which is entered on the official birth certificate of the 15 person at or near the time of the birth of the person. 16 Sec. 2. Chapter 396 of NRS is hereby amended by adding 17 thereto a new section to read as follows: 18 1. The Board of Regents shall adopt a policy requiring each 19 intercollegiate sport or athletic event that is sanctioned or 20 sponsored by a university, state college or community college 21 within the System to be designated, based on biological sex, as one 22 of the following: 23 (a) A male, boys’ or men’s intercollegiate sport or athletic 24 event, which must be open for participation only by biological 25 males. 26 (b) A female, girls’ or women’s intercollegiate sport or athletic 27 event, which must be open for participation only by biological 28 females. 29 (c) A coeducational or mixed intercollegiate sport or athletic 30 event, which must be open for participation only by biological 31 males and biological females. 32 2. This section does not restrict or prohibit the ability of a 33 university, state college or community college within the System to 34 implement or maintain a coeducational or mixed intercollegiate 35 sport or athletic event which is open for participation by biological 36 males and biological females, if the implementation or 37 maintenance of such a sport or event does not cause the 38 disbanding of an existing intercollegiate sport or athletic event 39 open for participation solely by either biological females or 40 biological males. 41 3. As used in this section: 42 (a) “Biological female” means a person whose biological sex 43 is female. 44 – 4 – - *AB374* (b) “Biological male” means a person whose biological sex is 1 male. 2 (c) “Biological sex” means a statement of the biological sex of 3 a person which is entered on the official birth certificate of the 4 person at or near the time of the birth of the person. 5 Sec. 3. Chapter 455A of NRS is hereby amended by adding 6 thereto a new section to read as follows: 7 1. Each organization for youth sports that sanctions or 8 sponsors competitive sports for youths in this State shall adopt a 9 policy requiring each such youth sport to be designated, based on 10 biological sex, as one of the following: 11 (a) A male, boys’ or men’s youth sport, which must be open for 12 participation only by biological males. 13 (b) A female, girls’ or women’s youth sport, which must be 14 open for participation only by biological females. 15 (c) A coeducational or mixed youth sport, which must be open 16 for participation only by biological males and biological females. 17 2. This section does not restrict or prohibit the ability of an 18 organization for youth sports to implement or maintain a 19 coeducational or mixed youth sport which is open for participation 20 by biological males and biological females, if the implementation 21 or maintenance of such a youth sport does not cause the 22 disbanding of an existing youth sport open for participation solely 23 by either biological females or biological males. 24 3. As used in this section: 25 (a) “Biological female” means a person whose biological sex 26 is female. 27 (b) “Biological male” means a person whose biological sex is 28 male. 29 (c) “Biological sex” means a statement of the biological sex of 30 a person which is entered on the official birth certificate of the 31 person at or near the time of the birth of the person. 32 Sec. 4. 1. This section becomes effective upon passage and 33 approval. 34 2. Sections 1, 2 and 3 of this act become effective: 35 (a) Upon passage and approval for the purpose of adopting any 36 regulations and performing any other preparatory administrative 37 tasks that are necessary to carry out the provisions of this act; and 38 (b) On July 1, 2023, for all other purposes. 39 H