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HF 1657

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:31pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; restricting male student participation in female athletics;
restricting male access to female changing facilities; providing criminal penalties;
amending Minnesota Statutes 2020, section 121A.04, subdivisions 3, 5, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters 121A;
135A.

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

Section 1.

Minnesota Statutes 2020, section 121A.04, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "male" means a person with a
heterogametic sex chromosome pair consisting of one X chromosome and one Y
chromosome.
new text end

Sec. 2.

Minnesota Statutes 2020, section 121A.04, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

(a) Notwithstanding any other state law to the contrary, in athletic
programs operated by educational institutions or public services and designed for participants
12 years old or older or in the 7th grade or above, it is not an unfair discriminatory practice
to restrict membership on an athletic team to participants of one sex whose overall athletic
opportunities have previously been limited.new text begin Consistent with this section, in no case may
male students try out for or participate on a female-only team. A male student who
participates on a female-only team is guilty of a petty misdemeanor.
new text end

(b) When an educational institution or a public service provides athletic teams for children
11 years old or younger or in the 6th grade or below, those teams shall be operated without
restrictions on the basis of sex, except that when overall athletic opportunities for one sex
have previously been limited and there is a demonstrated interest by members of that sex
to participate on a team restricted to members of that sex, the educational institution or
public service may provide a team restricted to members of that sex.new text begin Consistent with this
section, in no case may students of the male sex try out for or participate on a female-only
team. A male student who participates on a female-only team is guilty of a petty
misdemeanor.
new text end

(c) When two teams in the same sport are in fact separated or substantially separated
according to sex, the two teams shall be provided with substantially equal budgets per
participant, exclusive of gate receipts and other revenues generated by that sport, and in all
other respects shall be treated in a substantially equal manner. However, nothing in this
section shall be construed to require the two teams to conduct combined practice sessions
or any other combined activities related to athletics.

(d) If two teams are provided in the same sport, one of these teams may be restricted to
members of a sex whose overall athletic opportunities have previously been limited, and
members of either sex shall be permitted to try out for the other team.

(e) Notwithstanding the provisions of paragraphs (a), (b), and (d), any wrestling team
may be restricted to members of one sex whether or not the overall athletic opportunities
of that sex have previously been limited, provided that programs or events are provided for
each sex to the extent the educational institution or public service determines that these
programs or events are necessary to accommodate the demonstrated interest of each sex to
participate in wrestling.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 121A.04, subdivision 5, is amended to read:


Subd. 5.

Rules.

The commissioner of education, after consultation with the commissioner
of human rights must promulgate rules in accordance with chapter 14 to implement this
section to prevent discrimination in elementary and secondary school athletic programs
operated by educational institutions. The rules promulgated by the commissioner pursuant
to this section shall not require athletic competition or tournaments for teams whose
membership may be restricted to members of a sex whose overall athletic opportunities
have previously been limited to be scheduled in conjunction with the scheduling of athletic
competition or tournaments for teams whose membership is not so restricted by this section.
Any organization, associationnew text begin,new text end or leaguenew text begin, including the Minnesota State High School League,new text end
entered into by elementary or secondary schools or public services for the purpose of
promoting sports or adopting rules and regulations for the conduct of athletic contests
between members shall provide rules and regulations and conduct its activities so as to
permit its members to comply fully with this section. The rules of that organization,
association or league may provide separate seasons for athletic competition or tournaments
in a sport for teams whose membership may be restricted to members of a sex whose overall
athletic opportunities have previously been limited from athletic competition or tournaments
established for teams in that same sport whose membership is not so restricted by this
section, and its rules may prohibit a participating student from competing on more than one
school team in a given sport during a single school year.

Sec. 4.

new text begin [121A.20] DRESSING FACILITIES.
new text end

new text begin Public school communal restrooms, locker rooms, dressing rooms, shower rooms, and
any other facility or setting where a student may be in a state of undress shall be designated
female only or male only. A male who uses a female-only facility is guilty of a misdemeanor.
For the purposes of this section, "male" means a person with a heterogametic sex
chromosome pair consisting of one X chromosome and one Y chromosome.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

new text begin [135A.151] SINGLE-SEX ATHLETICS AND DRESSING FACILITIES
POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "male" means a person with
a heterogametic sex chromosome pair consisting of one X chromosome and one Y
chromosome.
new text end

new text begin Subdivision 2. new text end

new text begin Applicability. new text end

new text begin This section applies to the following postsecondary
institutions:
new text end

new text begin (1) institutions governed by the Board of Trustees of the Minnesota State Colleges and
Universities or the Board of Regents of the University of Minnesota; and
new text end

new text begin (2) private postsecondary institutions that offer in-person courses on a campus located
in Minnesota and which are eligible institutions as defined in section 136A.103.
new text end

new text begin Subd. 3. new text end

new text begin Policy requirements. new text end

new text begin (a) Notwithstanding any other state law to the contrary,
in athletic programs operated by postsecondary institutions, it is not an unfair discriminatory
practice to restrict membership on an athletic team to participants of one sex. In no case
may male students try out for or participate on a female-only team. A male student who
participates on a female-only team is guilty of a petty misdemeanor.
new text end

new text begin (b) Communal restrooms, locker rooms, dressing rooms, shower rooms, and any other
facility or setting where a student may be in a state of undress shall be designated female
only or male only. A male who uses a female-only facility is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end