H-1159

   Amend House File 808 as follows:
   1.  Page 14, after line 1 by inserting: 
<DIVISION ___
SAVE WOMEN’S SPORTS ACT

   Sec. ___.  NEW SECTION.  261I.1  Short title.
   This chapter shall be known and may be cited as the “Save Women’s Sports Act”.
   Sec. ___.  NEW SECTION.  261I.2  Definition.
   As used in this chapter, “educational institution” means a public or accredited nonpublic school, regents institution, community college, or any other institution of higher education that is a member of the national collegiate athletic association, national association of intercollegiate athletics, or national junior college athletic association.
   Sec. ___.  NEW SECTION.  261I.3  Designation of athletic teams or sports by sex —— eligibility.
   1.  Interscholastic or intramural athletic teams or sports that are sponsored by an educational institution shall be expressly designated as one of the following based on the biological sex of the participating students:
   a.  Males, men, or boys.
   b.  Females, women, or girls.
   c.  Coed or mixed.
   2.  Notwithstanding section 216.9, students of the male sex shall be ineligible to participate in athletic teams or sports designated for females, women, or girls.
   Sec. ___.  NEW SECTION.  261I.4  Disputes of biological sex.
   If the biological sex of a student is disputed, the student may establish the student’s sex by presenting a signed statement by a licensed physician that indicates the student’s sex based solely upon all of the following factors:
   1.  The student’s internal and external reproductive anatomy. 
   2.  The student’s normal, endogenously produced levels of testosterone. 
   3.  An analysis of the student’s genetic makeup.
   Sec. ___.  NEW SECTION.  261I.5  Adverse action against educational institutions prohibited.
   Notwithstanding section 216.9, a government entity, licensing or accrediting organization, or athletic association or organization shall not consider a complaint, open an investigation, or take any other adverse action against an educational institution for maintaining separate interscholastic or intramural athletic teams or sports for students of the female sex.
   Sec. ___.  NEW SECTION.  261I.6  Causes of action —— damages.
   1.  A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this chapter by an educational institution shall have a private cause of action for injunctive relief, damages, and any other relief available provided by law against the educational institution.
   2.  A student who is subject to retaliation or other adverse action by an educational institution or athletic association or organization as a result of reporting a violation of this chapter to an employee or representative of the institution or athletic association or organization or to any state or federal agency with oversight of educational institutions in this state shall have a private cause of action for injunctive relief, damages, and any other relief provided by law against the institution or athletic association or organization.
   3.  An educational institution that suffers any direct or indirect harm by a government entity, licensing or accrediting organization, or athletic association or organization as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages, and any other relief provided by law against the government entity, licensing or accrediting organization, or athletic association or organization.
   4.  A civil action under this section must be initiated within two years after a violation of this chapter has occurred. A person who prevails in such an action shall be entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, if applicable, reasonable attorney fees, and any other appropriate relief.
   Sec. ___.  NEW SECTION.  261I.7  Severability.
   The provisions of this chapter are severable pursuant to section 4.12.>
   2.  Title page, line 2, after <weighting,> by inserting <interscholastic or intramural sports,>
   3.  By renumbering as necessary.

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SALMON of Black Hawk

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FISHER of Tama

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JACOBSEN of Pottawattamie

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CISNEROS of Muscatine