The Committee on Education proposed the following amendment (531R001.KMM.GH):

Amend the bill, as and if amended, by striking all after the title and inserting:

/ Whereas, the General Assembly finds that participation in extracurricular sports is beneficial for children and their development; and

Whereas, it is in the state's best interest to ensure that fair opportunities are preserved for all children to compete in sports. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1. This act must be known and may be cited as the "Save Women's Sports Act".

SECTION 2. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

Section 59-1-500.(A)(1) The intent of the General Assembly is to maintain opportunities for female athletes to demonstrate their strength, skills, and athletic abilities and to provide them with opportunities to obtain recognition and accolades, college scholarships, and the numerous other long-term benefits that result from participating and competing in athletic endeavors.

(2) The General Assembly finds that:

(a) maintaining the fairness for women's athletic opportunities is an important state interest; and

(b) requiring the designation of separate sex-specific athletic teams or sports is necessary to maintain fairness for women's athletic opportunities.

(B)(1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public elementary or secondary school or public postsecondary institution must be expressly designated as one of the following based on the biological sex at birth of team members:

(a) males, men, or boys;

(b) females, women, or girls; or

(c) coed or mixed, including both males and females.

(2) Athletic teams or sports designated for males, men, or boys may be open to students of the female sex.

(3) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.

(4) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(5) A private school or a private institution sponsoring an athletic team or sport in which its students or teams compete against a public school or institution must also comply with this section for the applicable team or sport,

(C)(1) A student who is deprived of an athletic opportunity or 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 under law against the school or postsecondary institution.

(2) A student who is subject to retaliation or other adverse action by a school, postsecondary institution, or athletic association or organization as a result of reporting a violation of this section to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or postsecondary institutions in this State, has a private cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization.

(3) A school or postsecondary institution 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 under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.

(4) A civil action brought under this section must be initiated within two years after the alleged harm occurred. A person or organization who prevails on a claim brought under this section is entitled to:

(a) monetary damages, including for any psychological, emotional, or physical harm suffered;

(b) reasonable attorney fees and costs; and

(c) any other appropriate relief."

SECTION3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION4. This act takes effect upon approval by the Governor. /