H 4608 {Rat #218, Act #193 of 2022} General Bill, By Trantham, Oremus, Burns, McCravy, 
G.R.Smith, M.M.Smith, B.Cox, Bennett, McGarry, Taylor, Jones, Gilliam, Yow, 
Hixon, Hill, Gagnon, Whitmire, Haddon, Bannister, Magnuson, May, Dabney, 
Long, Willis, McCabe, Morgan, Bryant, V.S.Moss, Nutt, T.Moore, Forrest, 
Bailey, West, Thayer, White, McKnight, Atkinson, Fry, Caskey, Blackwell, 
Ballentine, Wooten, Huggins, Chumley and Hiott

Similar(S 531, H 3477, H 4153)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SAVE
 WOMEN'S SPORTS ACT" BY ADDING SECTION 59-1-500 SO AS TO EXPRESS LEGISLATIVE
 INTENT AND MAKE CERTAIN FINDINGS, TO PROVIDE ASSUMPTIONS CONCERNING THE
 CORRECTNESS OF BIOLOGICAL GENDER STATEMENTS ON OFFICIAL BIRTH CERTIFICATES OF
 STUDENTS, TO REQUIRE GENDER-BASED OR COEDUCATIONAL DESIGNATION OF CERTAIN
 PUBLIC SCHOOL SPORTS TEAMS, TO PROVIDE SUCH SPORTS TEAMS DESIGNATED FOR MALES
 SHALL NOT BE OPEN TO STUDENTS OF THE FEMALE SEX UNLESS NO TEAM DESIGNATED FOR
 FEMALES IN THAT SPORT IS OFFERED AT THE SCHOOL IN WHICH THE STUDENT IS
 ENROLLED, TO PROVIDE SUCH SPORTS TEAMS DESIGNATED FOR FEMALES SHALL NOT BE
 OPEN TO STUDENTS OF THE MALE SEX, TO PROVIDE PRIVATE SCHOOLS OR PRIVATE
 INSTITUTIONS SPONSORING A SPORTS TEAM IN WHICH ITS STUDENTS OR TEAMS COMPETE
 AGAINST A PUBLIC SCHOOL OR INSTITUTION ALSO SHALL COMPLY WITH THESE PROVISIONS
 FOR THE APPLICABLE TEAM OR SPORT, AND TO PROVIDE REMEDIES FOR VIOLATIONS OF
 THE PROVISIONS OF THIS ACT; AND BY ADDING SECTION 59-63-72 SO AS TO PROVIDE
 PUBLIC SCHOOL DISTRICTS SUPPORTED BY STATE FUNDS SHALL NOT USE ANY FUNDS OR
 PERMIT ANY SCHOOL WITHIN THE DISTRICT TO USE ANY FUNDS TO JOIN, AFFILIATE
 WITH, PAY DUES OR FEES TO, OR IN ANY WAY FINANCIALLY SUPPORT ANY
 INTERSCHOLASTIC ATHLETIC ASSOCIATION, BODY, OR ENTITY UNLESS THE CONSTITUTION,
 RULES OR POLICIES OF THE ASSOCIATION, BODY, OR ENTITY RECOGNIZES, SANCTIONS,
 AND REGULATES INTERSCHOLASTIC COMPETITION OF WRESTLING TEAMS COMPOSED
 EXCLUSIVELY OF FEMALE STUDENTS. - ratified title

   11/17/21  House  Prefiled
   11/17/21  House  Referred to Committee on Education and Public Works
   01/11/22  House  Introduced and read first time (House Journal-page 68)
   01/11/22  House  Referred to Committee on Education and Public
                     Works (House Journal-page 68)
   01/12/22  House  Member(s) request name added as sponsor: Gilliam,
                     Yow, Hixon
   01/25/22  House  Member(s) request name added as sponsor: Hill, Gagnon
   01/27/22  House  Member(s) request name added as sponsor: Whitmire
   02/08/22  House  Member(s) request name added as sponsor: Haddon,
                     Bannister, Magnuson, May, Dabney, Long, Willis,
                     McCabe, Morgan, Bryant, V.S.Moss, Nutt, T.Moore
   02/09/22  House  Member(s) request name added as sponsor: Forrest,
                     Bailey
   02/15/22  House  Member(s) request name added as sponsor: West
   02/16/22  House  Member(s) request name added as sponsor: Thayer, White
   03/01/22  House  Member(s) request name added as sponsor: McKnight
   03/29/22  House  Member(s) request name added as sponsor: Atkinson
   03/31/22  House  Member(s) request name added as sponsor: Fry
   03/31/22  House  Committee report: Favorable Education and Public
                     Works (House Journal-page 22)
   04/01/22         Scrivener's error corrected
   04/05/22  House  Member(s) request name added as sponsor: Caskey,
                     Blackwell
   04/05/22  House  Special order, set for  Immediatley after the
                     reading of H. 5216
   04/05/22  House  Member(s) request name added as sponsor:
                     Ballentine, Wooten, Huggins, Chumley, Hiott
   04/05/22  House  Amended (House Journal-page 42)
   04/05/22  House  Read second time (House Journal-page 42)
   04/05/22  House  Roll call Yeas-82  Nays-28 (House Journal-page 135)
   04/06/22  House  Read third time and sent to Senate
                     (House Journal-page 6)
   04/06/22  House  Roll call Yeas-80  Nays-24 (House Journal-page 7)
   04/06/22  Senate Introduced and read first time
   04/06/22  Senate Referred to Committee on Education
   04/28/22  Senate Polled out of committee Education
                     (Senate Journal-page 8)
   04/28/22  Senate Committee report: Favorable Education
                     (Senate Journal-page 8)
   04/28/22  Senate Special order, set for  April  28, 2022
                     (Senate Journal-page 112)
   04/29/22         Scrivener's error corrected
   05/03/22  Senate Read second time (Senate Journal-page 69)
   05/04/22  Senate Amended (Senate Journal-page 59)
   05/04/22  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 59)
   05/04/22  Senate Roll call Ayes-30  Nays-10 (Senate Journal-page 59)
   05/10/22  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 606)
   05/10/22  House  Roll call Yeas-70  Nays-33 (House Journal-page 607)
   05/12/22         Ratified R  218
   05/16/22         Signed By Governor
   05/31/22         Effective date  05/16/22
   05/31/22         Act No.  193

(A193, R218, H4608)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SAVE WOMEN'S SPORTS ACT" BY ADDING SECTION 59-1-500 SO AS TO EXPRESS LEGISLATIVE INTENT AND MAKE CERTAIN FINDINGS, TO PROVIDE ASSUMPTIONS CONCERNING THE CORRECTNESS OF BIOLOGICAL GENDER STATEMENTS ON OFFICIAL BIRTH CERTIFICATES OF STUDENTS, TO REQUIRE GENDER-BASED OR COEDUCATIONAL DESIGNATION OF CERTAIN PUBLIC SCHOOL SPORTS TEAMS, TO PROVIDE SUCH SPORTS TEAMS DESIGNATED FOR MALES SHALL NOT BE OPEN TO STUDENTS OF THE FEMALE SEX UNLESS NO TEAM DESIGNATED FOR FEMALES IN THAT SPORT IS OFFERED AT THE SCHOOL IN WHICH THE STUDENT IS ENROLLED, TO PROVIDE SUCH SPORTS TEAMS DESIGNATED FOR FEMALES SHALL NOT BE OPEN TO STUDENTS OF THE MALE SEX, TO PROVIDE PRIVATE SCHOOLS OR PRIVATE INSTITUTIONS SPONSORING A SPORTS TEAM IN WHICH ITS STUDENTS OR TEAMS COMPETE AGAINST A PUBLIC SCHOOL OR INSTITUTION ALSO SHALL COMPLY WITH THESE PROVISIONS FOR THE APPLICABLE TEAM OR SPORT, AND TO PROVIDE REMEDIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ACT; AND BY ADDING SECTION 59-63-72 SO AS TO PROVIDE PUBLIC SCHOOL DISTRICTS SUPPORTED BY STATE FUNDS SHALL NOT USE ANY FUNDS OR PERMIT ANY SCHOOL WITHIN THE DISTRICT TO USE ANY FUNDS TO JOIN, AFFILIATE WITH, PAY DUES OR FEES TO, OR IN ANY WAY FINANCIALLY SUPPORT ANY INTERSCHOLASTIC ATHLETIC ASSOCIATION, BODY, OR ENTITY UNLESS THE CONSTITUTION, RULES OR POLICIES OF THE ASSOCIATION, BODY, OR ENTITY RECOGNIZES, SANCTIONS, AND REGULATES INTERSCHOLASTIC COMPETITION OF WRESTLING TEAMS COMPOSED EXCLUSIVELY OF FEMALE STUDENTS.

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:

Citation

SECTION    1.    This act must be known and may be cited as the "Save Women's Sports Act".

Intent and findings

SECTION    2.    (A)    It is the intent of the General Assembly 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 numerous other long-term benefits that result from participating and competing in athletic endeavors.

(B)    The General Assembly finds that:

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

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

Gender-based and coeducational school sports teams, birth certificates, remedies

SECTION    3.    Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-500.    (A)    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.

(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 shall not be open to students of the female sex, unless no team designated for females in that sport is offered at the school in which the student is enrolled.

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

(4)    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 may initiate a cause of action against the school or postsecondary institution as provided in subsection (C)(4).

(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, may initiate a cause of action against the school, postsecondary institution, or athletic association or organization as provided in subsection (C)(4).

(3)    A school or postsecondary institution that suffers any direct or indirect harm as a result of a violation of this section may initiate a cause of action against the governmental entity, licensing or accrediting organization or athletic association or organization as provided in subsection (C)(4).

(4)    An action arising under this section must be commenced within two years after the alleged injury and subject to the South Carolina Tort Claims Act, as provided in Section 15-78-10, et seq."

Interscholastic competition regulation, wrestling teams

SECTION    4.    Article 1, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-72.    A public school district supported by state funds shall not use any funds or permit any school within the district to use any funds to join, affiliate with, pay dues or fees to, or in any way financially support any interscholastic athletic association, body, or entity unless the constitution, rules or policies of the association, body, or entity recognizes, sanctions, and regulates interscholastic competition of wrestling teams composed exclusively of female students."

Severability

SECTION    5.    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.

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 12th day of May, 2022.

Approved the 16th day of May, 2022.