HB 261 — Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm or is directy deprived of an athletic opportunity as a result of a violation of this act.

HB261 ENGROSSEDENROLLED C6UAWW-2C6UAWW-3 By Representatives DuBose, Fidler, Givens, Holk-Jones, Hulsey, 3 Collins, Shaver, Stadthagen, Kiel, Moore (P), Bedsole, Harrison, Butler, Hammett, Robertson, Lipscomb, Shedd, Yarbrough, Wood (D), Wilcox, Lamb, Shirey, Kitchens, Bolton, Marques, Estes, Sorrells, Mooney, Pettus, Easterbrook, Hurst, Stringer, Oliver, Brown, Shaw, Gidley, Underwood, Kirkland, Rehm, Garrett RFD:

05-Apr-23 2023 Regular Session Page 0 HB261 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to two-year and four-year public institutions of higher education;

(1) Physical differences between biological males and biological females have long made separate and sex-specific sports teams important so that female athletes can have equal Page 1 HB261 Engrossed opportunities to compete in sports.

Page 1 HB261 Enrolled (3) Even at young ages, biological males typically score higher than biological females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility.

It provides opportunities for biological female athletes to compete against their peers rather than against biological male athletes, and allows Page 2 HB261 Engrossed biological female athletes to compete on a fair playing field for scholarships and other athletic accomplishments.

(b)(1) Except as provided in subsection (c), a public K-12 school may not participate in, sponsor, or provide coaching staff for interscholastic athletic events within this state that are either scheduled by or conducted under the Page 2 HB261 Enrolled authority of any athletic association of the state that permits or allows participation in athletic events within the state conducted exclusively for males by any individual who is not a biological male or participation in athletic events within the state conducted exclusively for females by any individual who is not a biological female.

Page 3 HB261 Engrossed (3) Nothing in this subsection shall be construed to restrict the eligibility of any student to participate on any intercollegiate or intramural athletic team or sport designated as coed or mixed.

(e) A governmental entity, licensing or accrediting organization, or athletic association or organization may not Page 3 HB261 Enrolled do either of the following:

(1) File a complaint, open an investigation, or take any other adverse action against a public K-12 school or public two-year or four-year institution of higher education 95 for maintaining separate athletic teams or sports for students of the female sex or male sex.

(2) Retaliate or take any adverse action against a student who reports a an alleged violation of this section to an employee or representative of the public K-12 school, public two-year or four-year institution of higher education, 95 athletic association or organization, or to any state or federal agency with oversight of public K-12 schools or public two-year or four-year institutions of higher education in the state.

(g) No Except as provided in Section 36-1-12, no cause of action may be maintained against any Page 4 HB261 Engrossed employee, officer, agent, trustee, director, or board member of a public K-12 school, public two-year or four-year institution of higher education, athletic association, or organization whose actions were in compliance with subdivisions (d)(1) and (d)(2).

(h) It is the intent of the Legislature that Page 4 HB261 Enrolled constitutionally-created boards of trustees comply with the requirements of this section." Section 2.

Page 5 HB261 EngrossedEnrolled House________________________________________________ Speaker of Representativesthe ReadHouse forof theRepresentatives first________________________________________________ timePresident and referredPresiding ................05-Apr-23Officer toof the Senate House of Representatives committeeI onhereby Educationcertify Policythat Readthe forwithin theAct secondoriginated timein and placedwas ................12-Apr-23passed onby the calendar:House 18-Apr-23, as amended.

0John amendmentsTreadwell ReadClerk forSenate the03-May-23 thirdPassed timeHouse and24-May-23 passedConcurred ................18-Apr-23in asSenate amendedAmendment Yeas 83 Nays 5 Abstains 14 John Treadwell Clerk Page 6