Text of OR HB 4054 (2024)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82nd OREGON LEGISLATIVE ASSEMBLY--2024 Regular Session House Bill 4054 Sponsored by Representative GOODWIN, Senator SMITH DB; Representatives BOICE, CATE, DIEHL, HELFRICH, HIEB, LEWIS, OWENS, WRIGHT, YUNKER, Senators HANSELL, LINTHICUM, THATCHER, WEBER (Pre- session filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. The statement includes a measure digest written in compliance with applicable readability standards. Digest: The Act tells certain entities to designate sports by gender. The Act forbids males from playing in female sports. (Flesch Readability Score: 72.35). Requires each athletic association, conference or organization with authority over intercollegiate sports, post-secondary institution of education and school district to designate ath- letic competitions and extracurricular sports according to biological sex. Prohibits biological males from participating in athletic competitions or extracurricular sports designated for biological fe- males. Provides causes of action for students, post-secondary institutions of education and school dis- tricts. A BILL FOR AN ACT Relating to participation in athletics according to biological sex. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) For purposes of this section: (a) “Academic entity” means: (A) A post-secondary institution of education, as that term is defined in ORS 702.200; and (B) A school district. (b) “Athletic entity” means: (A) An athletic association, conference or organization with authority over intercollegiate sports; (B) A post-secondary institution of education, as that term is defined in ORS 702.200; and (C) A school district. (2) Each athletic entity shall require that every athletic competition and extracurricular sport be expressly designated by the biological sex of the students who participate in the competition or sport as follows: (a) “Males,” “Men” or “Boys”; (b) “Females,” “Women” or “Girls”; or (c) “Coed.” (3) For purposes of subsection (2) of this section, a student’s biological sex is the biolog- ical sex stated on: (a) The student’s birth certificate; or (b) If the student’s birth certificate is unavailable, any government-issued record that states the student’s biological sex. (4) For purposes of subsection (3) of this section, a statement of the student’s biological sex on the student’s birth certificate or other government-issued record must have been: NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 124 HB 4054 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (a) Recorded at or near the time of the student’s birth; and (b) If modified, modified only to correct a scrivener or clerical error. (5) If a student’s biological sex is under dispute, the student shall establish the student’s biological sex by presenting a signed statement of a physician that indicates the student’s biological sex based solely on: (a) The student’s internal and external reproductive anatomy; (b) The student’s normal endogenously produced levels of testosterone; and (c) An analysis of the student’s genetic makeup. (6) Students of the biologically male sex may not participate in any athletic competition or extracurricular sport that is designated as “Females,” “Women” or “Girls” under sub- section (2) of this section. (7) Nothing in subsection (6) of this section restricts or prohibits any student from par- ticipating in any athletic competition or extracurricular sport that is designated as “Males,” “Men,” “Boys” or “Coed.” (8) A public body, as defined in ORS 174.109, any licensing or accrediting organization or any voluntary organization that administers intercollegiate or interscholastic activities or that facilitates the scheduling and programming of intercollegiate or interscholastic activ- ities may not entertain a complaint, open an investigation or take any other adverse action against an academic entity for maintaining separate athletic competitions or extracurricular sports in accordance with subsection (6) of this section. (9) Any student who is deprived of an opportunity or suffers a direct or indirect harm as a result of an academic entity knowingly violating subsection (6) of this section may bring a claim against the academic entity for injunctive relief, damages and any other relief available under law. (10) Any student who is subject to retaliation or any other adverse action by an athletic entity as a result of reporting a violation of subsection (6) of this section to an employee of the athletic entity, or to any public body with oversight of the athletic entity in this state, may bring a claim against the athletic entity for injunctive relief, damages and any other relief available under law. (11) Any academic entity that suffers a direct or indirect harm as a result of a violation of subsection (8) of this section may bring a claim against the public body, licensing or ac- crediting organization or voluntary organization for injunctive relief, damages and any other relief available under law. (12) Any civil action brought under this section must be initiated not more than two years after the alleged direct or indirect harm or the retaliation or other adverse action occurred. A student, post-secondary institution of education or school district that prevails on a claim brought under this section is entitled to monetary damages, including damages for any psychological, emotional or physical harm suffered, attorney fees and costs and any other appropriate relief. SECTION 2. This 2024 Act first applies to the 2025-2026 academic year. [2]