Vetoed by Governor Laura Kelly

Vote Smart's Synopsis:

Vote to adopt a conference committee report for a bill that prohibits transgender student athletes from participating on sports teams that do not match their birth sex.

Highlights:

• Alleges there are "inherent differences between men and women," and that these differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity" (Sec. 2.a).

• Alleges one place where sex classifications allow for the "full development of the talent and capacities of our Nation's people" is in the context of sports and athletics (Sec. 2.g).

• Requires any school or other postsecondary educational institution whose students or teams compete against a public school or postsecondary educational institution to be expressly designated as one of the following based on biological sex (Sec. 3.a):

• Males, men or boys;

• Females, women or girls; or

• Coed or mixed.

• Requires the Kansas state high school activities association to adopt rules and regulations for its member schools for the implementation of this law (Sec. 3.c-1).

• Requires the state board of regents and the governing body for each municipal university, community college and technical college to adopt rules and regulations for the postsecondary educational institutions governed by each such entity, respectively, for the implementation of this law (Sec. 3-2).

• Prohibits governmental entity, licensing or accrediting organization or athletic association or organization from entertaining a complaint, open an investigation or take any other adverse action against a school or postsecondary educational institution for maintaining separate interscholastic, intercollegiate, intramural or club athletic teams or sports for students of the female sex (Sec. 4).

• Authorizes any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation to have a private cause of action for injunctive relief, damages and any other relief available under law against the school or postsecondary educational institution (Sec. 5.a).

• Establishes any school or postsecondary educational institution that suffers any direct or indirect harm as a result of a violation will have a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization (Sec. 5.c).

• Requires civil actions must be initiated within 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 attorney fees and costs and any other appropriate relief (Sec. 5.d).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference committee report for a bill that prohibits transgender student athletes from participating on sports teams that do not match their birth sex.

Highlights:

• Alleges there are "inherent differences between men and women," and that these differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity" (Sec. 2.a).

• Alleges one place where sex classifications allow for the "full development of the talent and capacities of our Nation's people" is in the context of sports and athletics (Sec. 2.g).

• Requires any school or other postsecondary educational institution whose students or teams compete against a public school or postsecondary educational institution to be expressly designated as one of the following based on biological sex (Sec. 3.a):

• Males, men or boys;

• Females, women or girls; or

• Coed or mixed.

• Requires the Kansas state high school activities association to adopt rules and regulations for its member schools for the implementation of this law (Sec. 3.c-1).

• Requires the state board of regents and the governing body for each municipal university, community college and technical college to adopt rules and regulations for the postsecondary educational institutions governed by each such entity, respectively, for the implementation of this law (Sec. 3-2).

• Prohibits governmental entity, licensing or accrediting organization or athletic association or organization from entertaining a complaint, open an investigation or take any other adverse action against a school or postsecondary educational institution for maintaining separate interscholastic, intercollegiate, intramural or club athletic teams or sports for students of the female sex (Sec. 4).

• Authorizes any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation to have a private cause of action for injunctive relief, damages and any other relief available under law against the school or postsecondary educational institution (Sec. 5.a).

• Establishes any school or postsecondary educational institution that suffers any direct or indirect harm as a result of a violation will have a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization (Sec. 5.c).

• Requires civil actions must be initiated within 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 attorney fees and costs and any other appropriate relief (Sec. 5.d).

Full Bill Text