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HF 4282

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 06:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/14/2022

Current Version - as introduced

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A bill for an act
relating to education; requiring school-sponsored sports teams be designated by
biological sex; proposing coding for new law in Minnesota Statutes, chapters
121A; 136F; 137.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.045] SPORTS TEAMS BASED ON BIOLOGICAL SEX.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) An interscholastic, intercollegiate, intramural, or club
athletic team, sport, or athletic event that is sponsored or sanctioned by a school district or
charter school must be designated as one of the following, based on the biological sex at
birth of the participating students:
new text end

new text begin (1) females or girls;
new text end

new text begin (2) males or boys; or
new text end

new text begin (3) coeducational or mixed.
new text end

new text begin (b) Only female students, based on their biological sex, may participate in any team,
sport, or athletic event designated as being for females or girls. For purposes of this section,
biological sex is either female or male and the sex listed on the student's official birth
certificate may be relied upon if the certificate was issued at or near the time of the student's
birth. The failure to comply with this section is a limited waiver of sovereign immunity for
relief authorized under this section.
new text end

new text begin (c) No school district or charter school may be liable to any student for its compliance
with this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Student cause of action. new text end

new text begin (a) If a student suffers direct or indirect harm as a
result of a violation of subdivision 1, that student has a private cause of action for injunctive,
mandamus, and declaratory relief against the school district or charter school that caused
the harm.
new text end

new text begin (b) If a student is subjected to retaliation or other adverse action by the school district
or charter school as a result of reporting a violation of subdivision 1 to an employee or
representative of the school district or charter school, that student has a private cause of
action for injunctive, mandamus, and declaratory relief against the school district or charter
school. Notwithstanding any law to the contrary, no governmental entity may investigate
a complaint or take any adverse action against a school district or charter school or any
employee or board member for complying with subdivision 1.
new text end

new text begin (c) A civil action under this subdivision must be initiated within two years from the date
the alleged harm occurred. Any party prevailing on a claim brought under this subdivision
is entitled to reasonable attorney fees and costs.
new text end

new text begin Subd. 3. new text end

new text begin School cause of action. new text end

new text begin If a school district or charter school suffers any direct
or indirect harm as a result of a violation of subdivision 1, the school district or charter
school has a private cause of action for injunctive, mandamus, and declaratory relief against
the governmental entity, licensing or accrediting organization, or activities association or
organization. A civil action under this subdivision must be initiated within two years from
the date the alleged harm occurred. Any party prevailing on a claim brought under this
subdivision is entitled to reasonable attorney fees and costs.
new text end

new text begin Subd. 4. new text end

new text begin Litigation representation and financial responsibility. new text end

new text begin (a) For any lawsuit
brought or any complaint filed against a school district or charter school or an employee,
board, or board member as a result of compliance with subdivision 1, the attorney general
shall provide legal representation at no cost to that entity or individual.
new text end

new text begin (b) In addition to the expenses of representation, the state shall assume financial
responsibility for any other expense related to the lawsuit or complaint and incurred by a
school district or charter school or an employee, board, or a board member, including any
award for attorney fees and costs for which that entity or individual would be otherwise
responsible.
new text end

Sec. 2.

new text begin [136F.57] SPORTS TEAMS BASED ON BIOLOGICAL SEX.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) An interscholastic, intercollegiate, intramural, or club
athletic team, sport, or athletic event that is sponsored or sanctioned by an institution of
higher education under the control of the Board of Trustees must be designated as one of
the following, based on the biological sex at birth of the participating students:
new text end

new text begin (1) females or women;
new text end

new text begin (2) males or men; or
new text end

new text begin (3) coeducational or mixed.
new text end

new text begin (b) Only female students, based on their biological sex, may participate in any team,
sport, or athletic event designated as being for females or women. For purposes of this
section, biological sex is either female or male and the sex listed on the student's official
birth certificate may be relied upon if the certificate was issued at or near the time of the
student's birth. The failure to comply with this section is a limited waiver of sovereign
immunity for relief authorized under this section.
new text end

new text begin (c) No institution of higher education may be liable to any student for its compliance
with this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Student cause of action. new text end

new text begin (a) If a student suffers direct or indirect harm as a
result of a violation of subdivision 1, that student has a private cause of action for injunctive,
mandamus, and declaratory relief against the institution of higher education under the control
of the Board of Trustees that caused the harm.
new text end

new text begin (b) If a student is subjected to retaliation or other adverse action by the institution of
higher education as a result of reporting a violation of subdivision 1 to an employee or
representative of the institution of higher education, that student has a private cause of action
for injunctive, mandamus, and declaratory relief against the institution of higher education.
Notwithstanding any law to the contrary, no governmental entity may investigate a complaint
or take any adverse action against an institution of higher education or any employee or
board member for complying with subdivision 1.
new text end

new text begin (c) A civil action under this subdivision must be initiated within two years from the date
the alleged harm occurred. Any party prevailing on a claim brought under this subdivision
is entitled to reasonable attorney fees and costs.
new text end

new text begin Subd. 3. new text end

new text begin Institution cause of action. new text end

new text begin If an institution of higher education under the
control of the Board of Trustees suffers any direct or indirect harm as a result of a violation
of subdivision 1, the institution of higher education has a private cause of action for
injunctive, mandamus, and declaratory relief against the governmental entity, licensing or
accrediting organization, or activities association or organization. A civil action under this
subdivision must be initiated within two years from the date the alleged harm occurred.
Any party prevailing on a claim brought under this subdivision is entitled to reasonable
attorney fees and costs.
new text end

new text begin Subd. 4. new text end

new text begin Litigation representation and financial responsibility. new text end

new text begin (a) For any lawsuit
brought or any complaint filed against an institution of higher education under the control
of the Board of Trustees or an employee, board, or board member as a result of compliance
with subdivision 1, the attorney general shall provide legal representation at no cost to that
entity or individual.
new text end

new text begin (b) In addition to the expenses of representation, the state shall assume financial
responsibility for any other expense related to the lawsuit or complaint and incurred by an
institution of higher education or an employee, board, or a board member, including any
award for attorney fees and costs for which that entity or individual would be otherwise
responsible.
new text end

Sec. 3.

new text begin [137.75] SPORTS TEAMS BASED ON BIOLOGICAL SEX.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) An interscholastic, intercollegiate, intramural, or club
athletic team, sport, or athletic event that is sponsored or sanctioned by an institution of
higher education under the control of the Board of Regents must be designated as one of
the following, based on the biological sex at birth of the participating students:
new text end

new text begin (1) females or women;
new text end

new text begin (2) males or men; or
new text end

new text begin (3) coeducational or mixed.
new text end

new text begin (b) Only female students, based on their biological sex, may participate in any team,
sport, or athletic event designated as being for females or women. For purposes of this
section, biological sex is either female or male and the sex listed on the student's official
birth certificate may be relied upon if the certificate was issued at or near the time of the
student's birth. The failure to comply with this section is a limited waiver of sovereign
immunity for relief authorized under this section.
new text end

new text begin (c) No institution of higher education may be liable to any student for its compliance
with this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Student cause of action. new text end

new text begin (a) If a student suffers direct or indirect harm as a
result of a violation of subdivision 1, that student has a private cause of action for injunctive,
mandamus, and declaratory relief against the institution of higher education under the control
of the Board of Regents that caused the harm.
new text end

new text begin (b) If a student is subjected to retaliation or other adverse action by the institution of
higher education as a result of reporting a violation of subdivision 1 to an employee or
representative of the institution of higher education, that student has a private cause of action
for injunctive, mandamus, and declaratory relief against the institution of higher education.
Notwithstanding any law to the contrary, no governmental entity may investigate a complaint
or take any adverse action against an institution of higher education or any employee or
board member for complying with subdivision 1.
new text end

new text begin (c) A civil action under this subdivision must be initiated within two years from the date
the alleged harm occurred. Any party prevailing on a claim brought under this subdivision
is entitled to reasonable attorney fees and costs.
new text end

new text begin Subd. 3. new text end

new text begin Institution cause of action. new text end

new text begin If an institution of higher education under the
control of the Board of Regents suffers any direct or indirect harm as a result of a violation
of subdivision 1, the institution of higher education has a private cause of action for
injunctive, mandamus, and declaratory relief against the governmental entity, licensing or
accrediting organization, or activities association or organization. A civil action under this
subdivision must be initiated within two years from the date the alleged harm occurred.
Any party prevailing on a claim brought under this subdivision is entitled to reasonable
attorney fees and costs.
new text end

new text begin Subd. 4. new text end

new text begin Litigation representation and financial responsibility. new text end

new text begin (a) For any lawsuit
brought or any complaint filed against an institution of higher education under the control
of the Board of Regents or an employee, board, or board member as a result of compliance
with subdivision 1, the attorney general shall provide legal representation at no cost to that
entity or individual.
new text end

new text begin (b) In addition to the expenses of representation, the state shall assume financial
responsibility for any other expense related to the lawsuit or complaint and incurred by an
institution of higher education or an employee, board, or a board member, including any
award for attorney fees and costs for which that entity or individual would be otherwise
responsible.
new text end