00 CS FOR HOUSE BILL NO. 183(JUD) 01 "An Act relating to school athletics, recreation, athletic teams, and sports; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 07 (1) maintaining fairness in athletic opportunities for women is an important 08 state interest; 09 (2) requiring the designation of separate sex-specific athletic teams or sports is 10 necessary to maintain fairness in athletic opportunities for women; 11 (3) significant biological and physiological differences between males and 12 females, including greater strength, speed, and endurance capabilities among males on 13 average, provide a competitive advantage to male athletes in sports; and 14 (4) having separate sex-specific teams furthers efforts to promote sex equality 01 and that discrimination against women and girls in sports is counter to that effort. 02 (b) It is the intent of the legislature to preserve an even playing field in school athletic 03 programs, to maintain opportunities for female athletes to demonstrate their strength, skills, 04 and athletic abilities, and to provide female athletes with opportunities to obtain recognition 05 and accolades, college scholarships, and the numerous other long-term benefits that result 06 from participating and competing in athletic endeavors. 07 * Sec. 2. AS 14.18 is amended by adding new sections to read: 08 Article 2. Designation of Athletic Teams and Sports. 09 Sec. 14.18.150. Athletic team and sport designation. (a) A public school, a 10 postsecondary institution, or a private school whose students or teams compete against 11 a public school, must designate each school-sponsored athletic team or sport a 12 (1) male, men, or boys team or sport; 13 (2) female, women, or girls team or sport; or 14 (3) coeducational or mixed team or sport. 15 (b) A student who participates in an athletic team or sport designated female, 16 women, or girls must be female, based on the participant's biological sex as either 17 female or male, as designated at the participant's birth. The biological sex listed on a 18 participant's birth certificate may be relied on to establish the participant's biological 19 sex designated at the participant's birth if the sex designated on the birth certificate 20 was designated at or near the time of the participant's birth. 21 Sec. 14.18.160. Compliance protected. (a) A governmental entity, licensing 22 or accrediting organization, athletic association, or school district may not take 23 adverse action against a school or school district for complying with AS 14.18.150. 24 (b) A school or a school district may decline to consider a complaint brought 25 against the school or school district for complying with AS 14.18.150. 26 Sec. 14.18.170. Liability. (a) A student who is deprived of an athletic 27 opportunity or suffers direct or indirect harm resulting from a violation of 28 AS 14.18.150 may bring a private cause of action against the violating school. 29 (b) A student subjected to retaliation or other adverse action as a result of 30 reporting a violation of AS 14.18.150 to an employee or representative of a school, 31 school district, or athletic association or organization, or to a state or federal 01 government entity with oversight authority, may bring a private cause of action against 02 the retaliating entity. 03 (c) If a school or school district suffers direct or indirect harm as a result of a 04 violation of AS 14.18.150, the school or school district may bring a private cause of 05 action against the violating entity. 06 (d) An action brought under this section must be commenced within two years 07 of the event giving rise to the complaint. 08 Sec. 14.18.180. Access to courts; relationship to rights under federal law. 09 (a) Nothing in AS 14.18.150 - 14.18.190 abrogates, restricts, or otherwise limits 10 (1) the access of any person to a state or federal court; or 11 (2) a person's right to bring in state or federal court a complaint or 12 cause of action arising out of AS 14.18.150 - 14.18.190. 13 (b) AS 14.18.150 - 14.18.190 may not be construed to modify a person's rights 14 under 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act), 29 U.S.C. 15 794, or 42 U.S.C. 12101 - 12213. 16 Sec. 14.18.190. Definitions. In AS 14.18.150 - 14.18.190, 17 (1) "school" means an elementary, junior high, or secondary school or 18 a postsecondary institution; 19 (2) "school district" means a borough school district, a city school 20 district, a regional educational attendance area, a state boarding school, and the state 21 centralized correspondence study program. 22 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).