Adopted

AMENDMENT NO 4 PROPOSED TO

House Bill No. 1030

BY: Representative Currie

AMEND after line 265 by inserting the following new Section 5 and renumbering the succeeding sections:

     "SECTION 5. (1)  Notwithstanding any other provision of this act, no male student-athlete may earn compensation or contract for the use, image or likeness of the student-athlete as a female athlete or on an athletic team or sport designated for females.

     (2)  If a student-athlete's sex is disputed, the student-athlete may establish his or her sex by presenting a signed physician's statement which shall indicate the student-athlete's sex based solely upon:

          (a)  The student-athlete's internal and external reproductive anatomy;

          (b)  The student-athlete's normal endogenously produced levels of testosterone; and

          (c)  An analysis of the student-athlete's genetic makeup.

(3) Any postsecondary educational institution, athletic association or conference that suffers any direct or indirect harm as a result of a violation of this act by a student-athlete shall have a private cause of action for injunctive relief, damages and any other relief available under law. 

     (4)  Any student-athlete who is deprived of any opportunity granted by any other section of this act or suffers any direct or indirect harm as a result of a violation of this section shall have a private cause of action for injunctive relief, damages and any other relief available under law.

     (5) All civil actions must be initiated within two (2) years after the harm occurred.  Persons or organizations who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional and physical harm suffered, reasonable attorneys' fees and costs, and any other appropriate relief.  The causes of action pursuant to this section shall be in addition to any other civil or criminal proceeding authorized by the laws of this state or by federal law."

AMEND Further on line 122 by deleting "Section 4" and inserting in lieu thereof the following:

     "Sections 4 and 5"

     AMEND Further by renumbering the succeeding sections accordingly.

     AMEND title to conform.