Text of WY SF 44 (2025)

2025 STATE OF WYOMING 25LSO-0406 1 SF0044 SENATE FILE NO. SF0044 Fairness in sports-intercollegiate athletics. Sponsored by: Senator(s) Schuler, Brennan, Crago and Dockstader and Representative(s) Davis and Harshman A BILL for 1 AN ACT relating to education; requiring students at the 2 University of Wyoming and Wyoming community colleges to 3 compete in intercollegiate athletic competitions based on 4 their biological sex; providing definitions; and providing 5 for an effective date. 6 7 Be It Enacted by the Legislature of the State of Wyoming: 8 9 Section 1. W.S. 21-25-301 is created to read: 10 11 ARTICLE 3 12 PARTICIPATION IN INTERCOLLEGIATE ATHLETICS 13 14 21-25-301. Intercollegiate athletic competitions 15 based on biological sex. 2025 STATE OF WYOMING 25LSO-0406 2 SF0044 1 2 (a) As used in this section: 3 4 (i) "Athletic competition" means any athletic 5 display between teams or persons, including a contest, 6 exhibition, performance or sport; 7 8 (ii) "Educational institution" means the 9 University of Wyoming and each Wyoming community college. 10 11 (b) Except as provided in subsection (c) of this 12 section, no educational institution shall allow: 13 14 (i) A student to compete in an athletic 15 competition sponsored or authorized by the educational 16 institution that is designated for the sex opposite to the 17 student's sex; 18 19 (ii) A male student to compete in an athletic 20 competition that is mixed-sex in a position that is 21 designated by rule or procedure for female students. 22 2025 STATE OF WYOMING 25LSO-0406 3 SF0044 1 (c) An educational institution may allow a female 2 student to compete in an athletic competition that is 3 designated for male students if a corresponding athletic 4 competition designated for female students is not offered 5 or available. 6 7 (d) For purposes of this section: 8 9 (i) A student's sex is the sex correctly stated 10 on the student's official birth certificate as described in 11 paragraph (ii) of this subsection or, if the student's 12 official birth certificate is unobtainable, another 13 government record that accurately states the student's sex 14 at birth; 15 16 (ii) A statement of a student's sex on the 17 student's official birth certificate is considered to have 18 correctly stated the student's sex only if the statement 19 was entered at or near the time of the student's birth or 20 modified to correct a clerical error in the student's sex. 21 22 (e) No educational institution shall retaliate 23 against a person for reporting a violation of this section. 2025 STATE OF WYOMING 25LSO-0406 4 SF0044 1 2 (f) A person shall have a private civil cause of 3 action against an educational institution for any violation 4 of this section. 5 6 (g) The University of Wyoming and the Wyoming 7 community college commission shall promulgate rules to 8 implement this section. Rules adopted under this subsection 9 shall ensure compliance with state and federal law 10 regarding the confidentiality of student medical 11 information. 12 13 Section 2. This act is effective July 1, 2025. 14 15 (END)

ORIGINAL SENATE ENGROSSED FILE NO. SF0044 ENROLLED ACT NO. 94, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 1 AN ACT relating to education; requiring students at the University of Wyoming and Wyoming community colleges to compete in intercollegiate athletic competitions based on their biological sex; providing definitions; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 21-25-301 is created to read: ARTICLE 3 PARTICIPATION IN INTERCOLLEGIATE ATHLETICS 21-25-301. Intercollegiate athletic competitions based on biological sex. (a) As used in this section: (i) "Athletic competition" means any intercollegiate athletic display between teams or persons, including a contest, exhibition, performance or sport; (ii) "Educational institution" means the University of Wyoming and each Wyoming community college; (iii) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization; (iv) "Individual sport" means an athletic activity where participants compete as individuals for a time, score or result, regardless of whether their ORIGINAL SENATE ENGROSSED FILE NO. SF0044 ENROLLED ACT NO. 94, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 2 individual time, score or result contributes to an overall team score; (v) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization. (b) Except as provided in subsection (c) of this section, no educational institution shall allow: (i) A student to compete in an athletic competition sponsored or authorized by the educational institution that is designated for the sex opposite to the student's sex; (ii) A male student to compete in an athletic competition that is mixed-sex in a position that is designated by rule or procedure for female students; (iii) Participation in any athletic competition designated for students of the female sex with or against a team that the educational institution knows has on the team a student of the male sex; (iv) Except as provided by subsection (c) of this section, in the case of an individual sport, students of the female sex to directly compete against a student that the educational institution knows is a student of the male sex if the educational institution determines that the competition would be unsafe or unfair to the students of the female sex. ORIGINAL SENATE ENGROSSED FILE NO. SF0044 ENROLLED ACT NO. 94, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 3 (c) An educational institution may allow a female student to compete in an athletic competition that is designated for male students if a corresponding athletic competition designated for female students is not offered or available. (d) For purposes of this section, a statement of a student's sex on the student's official birth certificate is considered to have correctly stated the student's sex only if the statement was entered at or near the time of the student's birth or modified to correct a clerical error in the student's sex. (e) No educational institution shall retaliate against a person for reporting a violation of this section. An educational institution may discipline a student or employee of the institution for making a false report of a violation of this section. (f) A person shall have a private civil cause of action against an educational institution for any violation of this section. An action filed pursuant to this section shall be subject to W.S. 1-39-113 and 1-39-114. The liability of an educational institution for any violation of this section shall not exceed fifty thousand dollars ($50,000.00). (g) A person may seek declaratory and injunctive relief against an educational institution for any violation of this section. The court may order injunctive or other equitable relief. The court may award the prevailing party reasonable attorney's fees and costs. (h) The University of Wyoming and the Wyoming community college commission shall promulgate rules to ORIGINAL SENATE ENGROSSED FILE NO. SF0044 ENROLLED ACT NO. 94, SENATE SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING 2025 GENERAL SESSION 4 implement this section. Rules adopted under this subsection shall ensure compliance with state and federal law regarding the confidentiality of student medical information. Section 2. This act is effective July 1, 2025. (END) Speaker of the House President of the Senate Governor TIME APPROVED: _________ DATE APPROVED: _________ I hereby certify that this act originated in the Senate. Chief Clerk