HOUSE BILL 492

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Rod Montoya and John Block and Alan T. Martinez and

Harlan Vincent and Mark Duncan

 

 

 

AN ACT

RELATING TO SPORTS; ENACTING THE WOMEN'S SPORTS PROTECTION ACT; PROVIDING FOR DESIGNATIONS OF ATHLETIC TEAMS BASED ON BIOLOGICAL SEX; REQUIRING SCHOOLS TO PROHIBIT BIOLOGICAL MALE PARTICIPATION ON FEMALE ATHLETIC TEAMS; REQUIRING SCHOOLS TO PROHIBIT BIOLOGICAL MALE PRESENCE IN FEMALE RESTROOMS AND LOCKER ROOMS; PROHIBITING ADVERSE ACTION AGAINST SCHOOLS COMPLYING WITH THE WOMEN'S SPORTS PROTECTION ACT; PROVIDING FOR CIVIL CAUSES OF ACTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Women's Sports Protection Act".

     SECTION 2. [NEW MATERIAL] DEFINITION.--As used in the Women's Sports Protection Act, "school" means a public or private primary school, a secondary school, an institution of higher education or a post-secondary educational institution.

     SECTION 3. [NEW MATERIAL] DESIGNATION OF ATHLETIC TEAMS.--

          A. Interscholastic or intramural athletic teams that are sponsored by a school and in which a public school competes shall be expressly designated based on biological sex, as any of the following:

                (1) a males', men's or boys' team;

                (2) a females', women's or girls' team; or

                (3) a coed team.

          B. A school that sponsors an athletic team designated for females, women or girls shall not allow:

                (1) participation by students of the biological male sex; or

                (2) presence by students of the biological male sex in a locker room or restroom designated for females, women or girls.

     SECTION 4. [NEW MATERIAL] PROTECTION FOR COMPLIANT SCHOOLS.--A state agency, political subdivision of the state, licensing or accrediting organization or athletic association or organization shall not entertain a complaint, open an investigation or take any other adverse action against a school for the school's compliance with the provisions of Section 3 of the Women's Sports Protection Act.

     SECTION 5. [NEW MATERIAL] CIVIL CAUSES OF ACTION.--

          A. A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a school's violation of the Women's Sports Protection Act shall have a private cause of action against the school for injunctive relief, damages or any other relief available pursuant to law.

          B. A student who is subjected to retaliation or other adverse action by a school or athletic association or organization as a result of reporting to another person a violation of the Women's Sports Protection Act shall have a private cause of action for injunctive relief, damages or any other relief available pursuant to law against the school or athletic association or organization.

          C. A school that suffers any direct or indirect harm, retaliation or adverse action as a result of a violation of Section 4 of the Women's Sports Protection Act shall have a private cause of action against the state agency, political subdivision of the state, licensing or accrediting organization or athletic association or organization that committed the violation for injunctive relief, damages or any other relief available pursuant to law.

          D. A civil action initiated pursuant to this section shall be initiated within two years after the harm, retaliation or adverse action occurred. A person who prevails on a claim brought pursuant to this section shall be entitled to monetary damages, including damages for any psychological, emotional or physical harm suffered, reasonable attorney fees and costs and any other relief deemed appropriate by the court.

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