House File 808 H-1159 Amend House File 808 as follows: 1 1. Page 14, after line 1 by inserting: 2 < DIVISION ___ 3 SAVE WOMEN’S SPORTS ACT 4 Sec. ___. NEW SECTION . 261I.1 Short title. 5 This chapter shall be known and may be cited as the “Save 6 Women’s Sports Act” . 7 Sec. ___. NEW SECTION . 261I.2 Definition. 8 As used in this chapter, “educational institution” means a 9 public or accredited nonpublic school, regents institution, 10 community college, or any other institution of higher 11 education that is a member of the national collegiate athletic 12 association, national association of intercollegiate athletics, 13 or national junior college athletic association. 14 Sec. ___. NEW SECTION . 261I.3 Designation of athletic teams 15 or sports by sex —— eligibility. 16 1. Interscholastic or intramural athletic teams or sports 17 that are sponsored by an educational institution shall be 18 expressly designated as one of the following based on the 19 biological sex of the participating students: 20 a. Males, men, or boys. 21 b. Females, women, or girls. 22 c. Coed or mixed. 23 2. Notwithstanding section 216.9, students of the male sex 24 shall be ineligible to participate in athletic teams or sports 25 designated for females, women, or girls. 26 Sec. ___. NEW SECTION . 261I.4 Disputes of biological sex. 27 If the biological sex of a student is disputed, the student 28 may establish the student’s sex by presenting a signed 29 statement by a licensed physician that indicates the student’s 30 sex based solely upon all of the following factors: 31 1. The student’s internal and external reproductive 32 anatomy. 33 2. The student’s normal, endogenously produced levels of 34 testosterone. 35 -1- HF808.1170 (2) 89 md/jh 1/ 3 #1.
3. An analysis of the student’s genetic makeup. 1 Sec. ___. NEW SECTION . 261I.5 Adverse action against 2 educational institutions prohibited. 3 Notwithstanding section 216.9, a government entity, 4 licensing or accrediting organization, or athletic association 5 or organization shall not consider a complaint, open an 6 investigation, or take any other adverse action against 7 an educational institution for maintaining separate 8 interscholastic or intramural athletic teams or sports for 9 students of the female sex. 10 Sec. ___. NEW SECTION . 261I.6 Causes of action —— damages. 11 1. A student who is deprived of an athletic opportunity or 12 suffers any direct or indirect harm as a result of a violation 13 of this chapter by an educational institution shall have a 14 private cause of action for injunctive relief, damages, and any 15 other relief available provided by law against the educational 16 institution. 17 2. A student who is subject to retaliation or other adverse 18 action by an educational institution or athletic association 19 or organization as a result of reporting a violation of this 20 chapter to an employee or representative of the institution 21 or athletic association or organization or to any state or 22 federal agency with oversight of educational institutions in 23 this state shall have a private cause of action for injunctive 24 relief, damages, and any other relief provided by law against 25 the institution or athletic association or organization. 26 3. An educational institution that suffers any direct or 27 indirect harm by a government entity, licensing or accrediting 28 organization, or athletic association or organization as a 29 result of a violation of this chapter shall have a private 30 cause of action for injunctive relief, damages, and any other 31 relief provided by law against the government entity, licensing 32 or accrediting organization, or athletic association or 33 organization. 34 4. A civil action under this section must be initiated 35 -2- HF808.1170 (2) 89 md/jh 2/ 3
within two years after a violation of this chapter has 1 occurred. A person who prevails in such an action shall be 2 entitled to monetary damages, including for any psychological, 3 emotional, and physical harm suffered, if applicable, 4 reasonable attorney fees, and any other appropriate relief. 5 Sec. ___. NEW SECTION . 261I.7 Severability. 6 The provisions of this chapter are severable pursuant to 7 section 4.12. > 8 2. Title page, line 2, after < weighting, > by inserting 9 < interscholastic or intramural sports, > 10 3. By renumbering as necessary. 11 ______________________________ SALMON of Black Hawk ______________________________ FISHER of Tama ______________________________ JACOBSEN of Pottawattamie ______________________________ CISNEROS of Muscatine -3- HF808.1170 (2) 89 md/jh 3/ 3 #2. #3.