Text of WY SF 51 (2022)

2022 STATE OF WYOMING 22LSO-0086 1 SF0051 SENATE FILE NO. SF0051 Fairness in women's sports act. Sponsored by: Senator(s) Schuler, French, Salazar and Steinmetz and Representative(s) Gray, Haroldson and Jennings A BILL for 1 AN ACT relating to school sports; prohibiting biological 2 males from athletic teams and sports designated for females 3 in public schools; establishing related causes of action 4 and protections for individuals and educational 5 institutions; requiring rulemaking; and providing for 6 effective dates. 7 8 Be It Enacted by the Legislature of the State of Wyoming: 9 10 Section 1. W.S. 21-25-101 through 21-25-103 are 11 created to read: 12 13 CHAPTER 25 14 FAIRNESS IN WOMEN'S SPORTS ACT 15 2022 STATE OF WYOMING 22LSO-0086 2 SF0051 1 21-25-101. Short title. 2 3 This chapter shall be known and may be cited as the 4 "Fairness in Women's Sports Act." 5 6 21-25-102. Designation of athletic teams or sports. 7 8 (a) Interscholastic, intercollegiate, intramural or 9 club athletic teams or sports that are sponsored by a 10 public primary or public secondary school, a public 11 institution of higher education or any school or 12 institution whose students or teams compete against a 13 public school or public institution of higher education 14 must be expressly designated as one (1) of the following 15 based on the biological sex at birth of team members: 16 17 (i) Males, men or boys; 18 19 (ii) Females, women or girls; or 20 21 (iii) Coed or mixed, including both males and 22 females. 23 2022 STATE OF WYOMING 22LSO-0086 3 SF0051 1 (b) Athletic teams or sports designated for females, 2 women or girls shall not be open to students of the male 3 sex. 4 5 (c) For purposes of this chapter, a statement of a 6 student's biological sex on the student's official birth 7 certificate is considered to have correctly stated the 8 student's biological sex at birth if the statement was 9 filed at or near the time of the student's birth. 10 11 21-25-103. Cause of action; civil remedies. 12 13 (a) Any student who is deprived of an athletic 14 opportunity or suffers any direct or indirect harm as a 15 result of a violation of this chapter shall have a private 16 cause of action for injunctive relief, damages and any 17 other relief available under law against the school, 18 institution of higher education or athletic association or 19 organization that violated this act. 20 21 (b) Any student who is subject to retaliation or 22 other adverse action by a school, institution of higher 23 education or athletic association or organization as a 2022 STATE OF WYOMING 22LSO-0086 4 SF0051 1 result of reporting a violation of this chapter to an 2 employee or representative of the school, institution or 3 athletic association or organization, or to any state or 4 federal agency with oversight of schools or institutions of 5 higher education in this state, shall have a private cause 6 of action for injunctive relief, damages and any other 7 relief available under law against the school, institution 8 or athletic association or organization. 9 10 (c) Any school or institution of higher education 11 that suffers any direct or indirect harm as a result of a 12 violation of this chapter shall have a private cause of 13 action for injunctive relief, damages and any other relief 14 available under law against the governmental entity, 15 licensing or accrediting organization or athletic 16 association or organization. 17 18 (d) All civil actions brought under this section must 19 be initiated within two (2) years after the alleged harm 20 occurred. Persons or organizations who prevail on a claim 21 brought under this section shall be entitled to monetary 22 damages, including for any psychological, emotional or 2022 STATE OF WYOMING 22LSO-0086 5 SF0051 1 physical harm suffered, reasonable attorney's fees and 2 costs and any other appropriate relief. 3 4 Section 2. Not later than August 15, 2022, the state 5 board of education, the University of Wyoming and the 6 Wyoming community college commission shall promulgate rules 7 to implement the provisions of this act. 8 9 Section 3. 10 11 (a) Except as otherwise provided in subsection (b) of 12 this section, this act is effective July 1, 2022. 13 14 (b) Sections 2 and 3 of this act are effective 15 immediately upon completion of all acts necessary for a 16 bill to become law as provided by Article 4, Section 8 of 17 the Wyoming Constitution. 18 19 (END)