Bill Summary – FastDemocracy

- 2024 LEGISLATURE
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                     2023 SENATE BILL 377
    August 9, 2023 - Introduced by Senators KNODL, QUINN, MARKLEIN, HUTTON and
        TOMCZYK, cosponsored by Representatives DITTRICH, RETTINGER, CALLAHAN,
        MAGNAFICI, BINSFELD, O'CONNOR, GUNDRUM, GUSTAFSON, MAXEY, BODDEN,
        PENTERMAN, ARMSTRONG, BRANDTJEN, TUSLER, S. JOHNSON, SAPIK, MACCO,
        ROZAR, GREEN, SCHMIDT, ALLEN, BEHNKE, DUCHOW, HURD, TITTL, NEDWESKI,
        SCHRAA, WICHGERS, EDMING, SORTWELL and DONOVAN. Referred to Committee
        on Mental Health, Substance Abuse Prevention, Children and Families.
 AN ACT to amend 36.12 (1) and 38.23 (1); and to create 36.25 (58) and 38.12 (15)
      of the statutes; relating to: designating University of Wisconsin and technical
      college sports and athletic teams based on the sex of the participants.
                      Analysis by the Legislative Reference Bureau
          This bill requires each University of Wisconsin institution and technical college
    that operates or sponsors an intercollegiate, intramural, or club athletic team or
    sport to designate the athletic team or sport as falling into one of three categories
    based on the sex of the participating students. The three categories are 1)
    participants who are males or men; 2) participants who are females or women; and
    3) coed or participants of both sexes. The bill defines “sex” as the sex determined by
    a physician at birth and reflected on the birth certificate. The bill also requires a UW
    institution or technical college to prohibit a male student from participating on an
    athletic team or in a sport designated for females or women. Finally, the bill requires
    the UW institution or technical college to notify students if the institution or
    technical college intends to change a designation for an athletic team or sport.
    The people of the state of Wisconsin, represented in senate and assembly, do
        enact as follows:
      SECTION 1. 36.12 (1) of the statutes is amended to read:
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     SENATE BILL 377                                                             SECTION 1
      36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
 admission to, participation in or the benefits of, or be discriminated against in any
 service, program, course or facility of the system or its institutions because of the
 student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
 sexual orientation, pregnancy, marital status or parental status.
      SECTION 2. 36.25 (58) of the statutes is created to read:
      36.25 (58) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
 OR COED.   (a) In this subsection, “sex” means the sex determined by a physician at
 birth and reflected on the birth certificate.
      (b) An institution that operates or sponsors an intercollegiate, intramural, or
 club athletic team or sport shall do all of the following:
      1. Expressly designate the athletic team or sport as one of the following based
 on the sex of the participating students:
      a. Males or men.
      b. Females or women.
      c. Coed or mixed-sex.
      2. Prohibit students of the male sex from participating on an athletic team or
 in a sport that is designated for females or women under subd. 1.
      3. If the institution intends to change the designation of an athletic team or
 sport under subd. 1., provide written notification of the change to students who are
 eligible under both the previous and current designation to participate in the sport
 or on the athletic team.
      (c) 1. A student of the female sex who is deprived of the opportunity to
 participate in a sport or on an athletic team or who suffers any direct or indirect harm
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     SENATE BILL 377                                                             SECTION 2
 as the result of a violation of par. (b) 2. may bring a cause of action against the
 institution for injunctive relief, damages, and any other relief available under law.
      2. A student of the female sex who is subject to retaliation or other adverse
 action by an institution or athletic association or organization, as a result of
 reporting a violation of par. (b) 2. to an employee or representative of the institution
 or athletic association or organization or to any state or federal agency with oversight
 over the institution, may bring a cause of action against the institution or athletic
 association or organization for injunctive relief, damages, and any other relief
 available under law.
      3. An institution that suffers any direct or indirect harm by a licensing or
 accrediting organization or an athletic association or organization as a result of
 compliance with par. (b) 2. may bring a cause of action against the licensing or
 accrediting organization or the athletic association or organization for injunctive
 relief, damages, and any other relief available under law.
      SECTION 3. 38.12 (15) of the statutes is created to read:
      38.12 (15) INTERCOLLEGIATE OR INTRAMURAL SPORTS; DESIGNATION AS SINGLE SEX
 OR COED.   (a) In this subsection, “sex” means the sex determined by a physician at
 birth and reflected on the birth certificate.
      (b) A district board that operates or sponsors an intercollegiate, intramural, or
 club athletic team or sport shall do all of the following:
      1. Expressly designate the athletic team or sport as one of the following based
 on the sex of the participating students:
      a. Males or men.
      b. Females or women.
      c. Coed or mixed-sex.
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     SENATE BILL 377                                                                 SECTION 3
      2. Prohibit students of the male sex from participating on an athletic team or
 in a sport that is designated for females or women under subd. 1.
      3. If the district board intends to change the designation of an athletic team or
 sport under subd. 1., provide written notification of the change to students who are
 eligible under both the previous and current designation to participate in the sport
 or on the athletic team.
      (c) 1. A student of the female sex who is deprived of the opportunity to
 participate in a sport or on an athletic team or who suffers any direct or indirect harm
 as the result of a violation of par. (b) 2. may bring a cause of action against the district
 board for injunctive relief, damages, and any other relief available under law.
      2. A student of the female sex who is subject to retaliation or other adverse
 action by a district board or athletic association or organization, as a result of
 reporting a violation of par. (b) 2. to an employee or representative of the district
 board or athletic association or organization or to any state or federal agency with
 oversight over the district board, may bring a cause of action against the district
 board or athletic association or organization for injunctive relief, damages, and any
 other relief available under law.
      3. A district board that suffers any direct or indirect harm by a governmental
 entity, licensing or accrediting organization, or athletic association or organization
 as a result of compliance with par. (b) 2. may bring a cause of action against the
 governmental entity, licensing or accrediting organization, or athletic association or
 organization for injunctive relief, damages, and any other relief available under law.
      SECTION 4. 38.23 (1) of the statutes is amended to read:
      38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied
 admission to, participation in or the benefits of, or be discriminated against in any
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    SENATE BILL 377                                                             SECTION 4
 service, program, course or facility of the board or any district because of the
 student's race, color, creed, religion, sex, national origin, disability, ancestry, age,
 sexual orientation, pregnancy, marital status or parental status.
      SECTION 5.0Initial applicability.
      (1) This act first applies in the first semester or session beginning after the
 effective date of this subsection.
                                       (END)
Statutes affected: 
Bill Text: 36.12(1), 36.12, 38.23(1), 38.23