Analysis by the Legislative Reference Bureau
This bill requires each University of Wisconsin institution and technical college that operates or sponsors an intercollegiate or club athletic team or sport to designate the athletic team or sport as one of the following based on the sex of the participating students: 1) males or men; or 2) females or women. 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 1) a male student from participating on an athletic team or in a sport designated for females, and 2) a male student from using locker rooms designated for females.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB102,14Section 1. 36.12 (1) of the statutes is amended to read: AB102,2,4536.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
1admission to, participation in or the benefits of, or be discriminated against in any 2service, program, course or facility of the system or its institutions because of the 3student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, 4sexual orientation, pregnancy, marital status or parental status. AB102,25Section 2. 36.25 (58) of the statutes is created to read: AB102,2,8636.25 (58) Intercollegiate or club sports; designation by sex. (a) In 7this subsection, “sex” means the sex determined by a physician at birth and 8reflected on the birth certificate. AB102,2,109(b) An institution that operates or sponsors an intercollegiate or club athletic 10team or sport shall do all of the following: AB102,2,12111. Expressly designate the athletic team or sport as one of the following based 12on the sex of the participating students: AB102,2,1313a. Males or men. AB102,2,1414b. Females or women. AB102,2,16152. Prohibit students of the male sex from participating on an athletic team or 16in a sport that is designated for females or women under subd. 1. AB102,2,18173. Prohibit students of the male sex from using locker rooms designated for 18females. AB102,2,2219(c) 1. A student of the female sex who is deprived of the opportunity to 20participate in a sport or on an athletic team or who suffers any direct or indirect 21harm as the result of a violation of par. (b) 2. may bring a cause of action against the 22institution for injunctive relief, damages, and any other relief available under law. AB102,3,6232. A student of the female sex who is subject to retaliation or other adverse
1action by an institution or athletic association or organization, as a result of 2reporting a violation of par. (b) 2. to an employee or representative of the institution 3or athletic association or organization or to any state or federal agency with 4oversight over the institution, may bring a cause of action against the institution or 5athletic association or organization for injunctive relief, damages, and any other 6relief available under law. AB102,3,1173. An institution that suffers any direct or indirect harm by a licensing or 8accrediting organization or an athletic association or organization as a result of 9compliance with par. (b) 2. may bring a cause of action against the licensing or 10accrediting organization or the athletic association or organization for injunctive 11relief, damages, and any other relief available under law. AB102,312Section 3. 38.12 (15) of the statutes is created to read: AB102,3,151338.12 (15) Intercollegiate or club sports; designation by sex. (a) In 14this subsection, “sex” means the sex determined by a physician at birth and 15reflected on the birth certificate. AB102,3,1716(b) A district board that operates or sponsors an intercollegiate or club athletic 17team or sport shall do all of the following: AB102,3,19181. Expressly designate the athletic team or sport as one of the following based 19on the sex of the participating students: AB102,3,2020a. Males or men. AB102,3,2121b. Females or women. AB102,3,23222. Prohibit students of the male sex from participating on an athletic team or 23in a sport that is designated for females or women under subd. 1. AB102,4,2
13. Prohibit students of the male sex from using locker rooms designated for 2females. AB102,4,73(c) 1. A student of the female sex who is deprived of the opportunity to 4participate in a sport or on an athletic team or who suffers any direct or indirect 5harm as the result of a violation of par. (b) 2. may bring a cause of action against the 6district board for injunctive relief, damages, and any other relief available under 7law. AB102,4,1482. A student of the female sex who is subject to retaliation or other adverse 9action by a district board or athletic association or organization, as a result of 10reporting a violation of par. (b) 2. to an employee or representative of the district 11board or athletic association or organization or to any state or federal agency with 12oversight over the district board, may bring a cause of action against the district 13board or athletic association or organization for injunctive relief, damages, and any 14other relief available under law. AB102,4,19153. A district board that suffers any direct or indirect harm by a governmental 16entity, licensing or accrediting organization, or athletic association or organization 17as a result of compliance with par. (b) 2. may bring a cause of action against the 18governmental entity, licensing or accrediting organization, or athletic association or 19organization for injunctive relief, damages, and any other relief available under law. AB102,420Section 4. 38.23 (1) of the statutes is amended to read: AB102,5,22138.23 (1) No Except as provided in s. 38.12 (15), no student may be denied 22admission to, participation in or the benefits of, or be discriminated against in any 23service, program, course or facility of the board or any district because of the
1student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, 2sexual orientation, pregnancy, marital status or parental status. AB102,53Section 5. Initial applicability. AB102,5,54(1) This act first applies in the first semester or session beginning after the 5effective date of this subsection.
