Amendment vs bill Amendment KY9S5U-1 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

Previous
Latest
HB261 ENROLLED C6UAWW-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:
KY9S5U-1 :
Education Policy First Read:
4/18/2023 :
05-Apr-23 2023 Regular Session Page 0 HB261 Enrolled Enrolled, An Act, 3 Relating to two-year and four-year public institutions of higher education;
KMS AMENDMENT TO HB261 OFFERED BY PHILLIP ENSLER 2 4 Replace line 106 on page 4 with the following:
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;
male, unless National Collegiate Athletic Association (NCAA) policy so requires.
to prohibit a biological female from participating on an athletic team or sport designated for males;
9 Replace line 110 on page 4 with the following:
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;
shall not be open to a biological female, unless National Collegiate Athletic Association (NCAA) policy so requires.
to prohibit adverse action or retaliation against a student who reports a violation of this act;
Replace line 137 on page 5 with the following:
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.
requirements of this section.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
(h) In the event this section is found to conflict with Title IX of the Education Amendments of 1972, this section shall be interpreted to eliminate or minimize any conflict." Page 1
Section 1.
Section 16-1-52 of the Code of Alabama 1975, is amended to read as follows:
"§16-1-52 (a) The Legislature finds and declares the following:
(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 opportunities to compete in sports.
(2) Physical advantages for biological males relevant to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and greater maximal delivery of anaerobic and aerobic energy than biological females.
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.
These differences become more pronounced during and after puberty as biological males produce higher levels of testosterone.
On average, biological male athletes are bigger, faster, stronger, and more physically powerful than their biological female counterparts.
This results in a significant sports performance gap between the sexes.
(4) Studies have shown that the benefits that natural testosterone provides to biological male athletes is not significantly diminished through the use of testosterone suppression.
Testosterone suppression in biological males does not result in a level playing field between biological male and biological female athletes.
(5) Because of the physical differences between biological males and biological females, having separate athletic teams based on the athletes' biological sex reduces the chance of injury to biological female athletes and promotes sex equality.
It provides opportunities for biological female athletes to compete against their peers rather than against biological male athletes, and allows 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.
(2) A public K-12 school may not allow a biological female to participate on a male team if there is a female team in a sport.
A public K-12 school may not allow a biological male to participate on a female team.
(c) This section Subsection (b) does not apply to athletic events at which both biological males and biological females are permitted or allowed to participate.
(d)(1) An intercollegiate or intramural athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for females, women, or girls shall not be open to a biological male.
(2) An intercollegiate or intramural athletic team or sport sponsored by a public two-year or four-year institution of higher education that is designated for males, men, or boys shall not be open to a biological female.
(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 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.
(f) Any student who is directly deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages, attorney fees, and any other relief available under the law.
All civil actions under this section shall be initiated within two years from the date the harm occurred.
(g) No Except as provided in Section 36-1-12, no cause of action may be maintained against any 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.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 5 HB261 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 18-Apr-23, as amended.
John Treadwell Clerk Senate 03-May-23 Passed House 24-May-23 Concurred in Senate Amendment Page 6