Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits transgender athletes from participating on sports teams that do not match their birth gender and requires intercollegiate athletes to be paid for the use of their name, image, and likeness.

Highlights:

• Establishes that each school that participates in athletic competitions or events administered by an organization that regulates interscholastic athletic conferences or events is to designate interscholastic athletic teams based on the sex of the participants as follows (Sec. 1):

• Separate teams for participants of the female sex within female sports divisions;

• Separate teams for participants of the male sex within male sports divisions; or

• Co-ed teams for participants of the female and male sexes within co-ed sports divisions.

• Specifies that no school, interscholastic conference, or organization that regulates interscholastic athletics shall knowingly permit individuals of the male sex to participate on athletic teams or in athletic competitions designated only for participants of the female sex (Sec. 1).

• Specifies that nothing in this section will restrict the eligibility of any student to participate on any athletic teams or in athletic competitions that are designated as male or co-ed (Sec. 1).

• Establishes that no agency, political subdivision of the state, accrediting organization, or athletic association that operates or has business activities in this state shall process a complaint, begin an investigation, or take any other adverse action against a school or school district for maintaining separate single-sex interscholastic athletic teams or sports (Sec. 1).

• Establishes that any participant who is deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the school, school district, interscholastic conference, or organization that regulates interscholastic athletics (Sec. 1).

• Establishes that any participant who is subject to retaliation or other adverse action by a school, school district, interscholastic conference, or organization that regulates interscholastic athletics as a result of reporting a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the entity that takes the retaliatory or other adverse action (Sec. 1).

• Establishes that any school or school district that suffers any direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the agency, political subdivision, accrediting organization, or athletic association that violates that section (Sec. 1).

• Establishes that any civil action brought as a result of a violation of this section shall be initiated within two years after the date on which the violation occurs, specifying the following (Sec. 1):

• Persons or organizations who prevail on a claim are entitled to monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney's fees and costs, and any other appropriate relief.

• Defines “private college” as a nonprofit institution that holds a certificate of authorization issued under section 1713.02 of the Revised Code (Sec. 1).

• Establishes that each state institution of higher education or private college that is a member of the national collegiate athletics association, the national association of intercollegiate athletics, or the national junior college athletic association is to designate intercollegiate athletic teams and sports based on the sex of the participants as follows (Sec. 1):

• Separate teams for participants of the female sex within female sports divisions;

• Separate teams for participants of the male sex within male sports divisions; or

• Co-ed teams for participants of the female and male sexes within co-ed sports divisions.

• Specifies that no state institution or private college is to knowingly allow individuals of the male sex to participate on athletic teams or in athletic competitions designated for only participants of the female sex (Sec. 1).

• Establishes that no agency or political subdivision of the state and no accrediting organization or athletic association that operates or has business activities in this state shall process a complaint, begin an investigation, or take any other adverse action against a state institution of higher education or private college for maintaining separate single-sex intercollegiate athletic teams or sports for participants of the female sex (Sec. 1).

• Specifies that any participant who is deprived of an athletic opportunity or suffers a direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the state institution or the private college (Sec. 1)

• Specifies that any participant who is subject to retaliation or other adverse action by a state institution, private college, or athletic association as a result of reporting a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the entity that takes the retaliatory or other adverse action (Sec. 1).

• Establishes that any state institution or private college that suffers any direct or indirect harm as a result of a violation of this section has a private cause of action for injunctive relief, damages, and any other relief available against the agency, political subdivision, accrediting organization, or athletic association that violates that section (Sec. 1).

• Establishes that no state institution of higher education or private college shall uphold any rule, requirement, standard, or other limitation that prevents a student of that institution or college from fully participating in intercollegiate athletics because the student earns compensation as a result of the use of the student's name, image, or likeness (Sec. 1).

• Specifies that earning compensation from the use of a student's name, image, or likeness shall not affect the student's scholarship eligibility or renewal (Sec. 1).

• Establishes that an athletic association, conference, or other group or organization with authority over intercollegiate athletics will not do either of the following (Sec. 1):

• Prevent a student of a state institution of higher education or private college from fully participating in intercollegiate athletics because the student earns compensation as a result of the use of the student's name, image, or likeness; or

• Prevent a state institution of higher education or private college from fully participating in intercollegiate athletics because a student of that institution or college participating in intercollegiate athletics uses the student's name, image, or likeness or obtains professional representation in relation to contracts or legal matters regarding opportunities to earn compensation for use of the student's name, image, or likeness.

• Establishes that no state institution of higher education, private college, athletic association, conference, or other group or organization with authority over intercollegiate athletics will do any of the following (Sec. 1):

• Provide a prospective student who intends to participate in intercollegiate athletics with compensation in relation to the prospective student's name, image, or likeness;

• Prevent a student who resides in this state and participates in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters regarding opportunities to be compensated for use of the student's name, image, or likeness; or

• Interfere with or prevent a student from fully participating in intercollegiate athletics because the student obtains professional representation in relation to contracts or legal matters regarding opportunities to earn compensation for use of the student's name, image, or likeness.

• Prohibits state institutions of higher education or private colleges to revoke or reduce scholarships as a result of a student earning compensation for their name, image, or likeness (Sec. 1).

• Prohibits the contract of a state institution of higher education or private college with a student from them using their name, image, or likeness for a commercial purpose when they are not engaged in official team activities (Sec. 1).

• Prohibits students from entering into contracts providing them compensation for the use of their name, image, or likeness to advertise for a sponsor (Sec. 1).

• Requires students who enter into verbal or written contracts with companies providing them compensation for their name, image, or likeness to disclose the contract with the state institutions of higher education or private colleges (Sec. 1).

• Authorizes a state institution of higher education or private college with authority over intercollegiate athletics to prohibit student athletes from entering into a contract that provides them compensation for their name, image, or likeness if it associates with the following (Sec.1):

• Any company that manufactures, sells, or a brand associated with a controlled substance, marijuana of any kind, alcohol, tobacco, electronic smoking devices, vapor products, or products containing nicotine;

• Any business engaged in the adult entertainment industry or the exposure of sexual activity; and

• Casinos or other sponsors promoting gambling.

• Requires a state institution of higher education, private college, athletic association, conference, or other groups with authority over college athletics to identify, create, facilitate, negotiate, and enable opportunities for students to earn compensation off of their name, image, and likeness (Sec. 1).

Full Bill Text