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Wisconsin Legislature: SB116: Bill Text
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SB116: Bill Text
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2025 - 2026 LEGISLATURE
LRB-1554/2
ARG:cdc
2025 SENATE BILL 116
March 7, 2025 - Introduced by Senators
Hutton
,
Felzkowski
,
Feyen
,
Jacque
,
Kapenga
,
Nass
,
Quinn
,
Testin
,
Tomczyk
and
Wanggaard
, cosponsored by Representatives
Dittrich
,
Knodl
,
Allen
,
Armstrong
,
Behnke
,
Brooks
,
Callahan
,
Donovan
,
Duchow
,
Goeben
,
Green
,
Gundrum
,
Gustafson
,
B. Jacobson
,
Kreibich
,
Krug
,
Maxey
,
Moses
,
Murphy
,
Mursau
,
Nedweski
,
O'Connor
,
Penterman
,
Piwowarczyk
,
Sortwell
,
Steffen
,
Tusler
,
VanderMeer
and
Wichgers
. Referred to Committee on Government Operations, Labor and Economic Development.
SB116,1,3
1
An Act
to amend
36.12 (1) and 38.23 (1);
to create
36.25 (58) and 38.12 (15) of
2
the statutes;
relating to:
designating University of Wisconsin and technical
3
college sports and athletic teams based on the sex of the participants.
Analysis by the Legislative Reference Bureau
This bill requires each University of Wisconsin institution and technical college that operates or sponsors an intercollegiate or club athletic team or sport to designate the athletic team or sport as one of the following based on the sex of the participating students: 1) males or men; or 2) females or women. The bill defines “sex” as the sex determined by a physician at birth and reflected on the birth certificate. The bill also requires a UW institution or technical college to prohibit 1) a male student from participating on an athletic team or in a sport designated for females, and 2) a male student from using locker rooms designated for females.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB116,1
4
Section
1
.
36.12 (1) of the statutes is amended to read:
SB116,2,4
5
36.12
(1)
No
Except as provided in s. 36.25 (58), no
student may be denied
1
admission to, participation in or the benefits of, or be discriminated against in any
2
service, program, course or facility of the system or its institutions because of the
3
student’s race, color, creed, religion, sex, national origin, disability, ancestry, age,
4
sexual orientation, pregnancy, marital status or parental status.
SB116,2
5
Section
2
.
36.25 (58) of the statutes is created to read:
SB116,2,8
6
36.25
(58)
Intercollegiate or club sports; designation by sex.
(a) In
7
this subsection, “sex” means the sex determined by a physician at birth and
8
reflected on the birth certificate.
SB116,2,10
9
(b) An institution that operates or sponsors an intercollegiate or club athletic
10
team or sport shall do all of the following:
SB116,2,12
11
1. Expressly designate the athletic team or sport as one of the following based
12
on the sex of the participating students:
SB116,2,13
13
a. Males or men.
SB116,2,14
14
b. Females or women.
SB116,2,16
15
2. Prohibit students of the male sex from participating on an athletic team or
16
in a sport that is designated for females or women under subd. 1.
SB116,2,18
17
3. Prohibit students of the male sex from using locker rooms designated for
18
females.
SB116,2,22
19
(c) 1. A student of the female sex who is deprived of the opportunity to
20
participate in a sport or on an athletic team or who suffers any direct or indirect
21
harm as the result of a violation of par. (b) 2. may bring a cause of action against the
22
institution for injunctive relief, damages, and any other relief available under law.
SB116,3,6
23
2. A student of the female sex who is subject to retaliation or other adverse
1
action by an institution or athletic association or organization, as a result of
2
reporting a violation of par. (b) 2. to an employee or representative of the institution
3
or athletic association or organization or to any state or federal agency with
4
oversight over the institution, may bring a cause of action against the institution or
5
athletic association or organization for injunctive relief, damages, and any other
6
relief available under law.
SB116,3,11
7
3. An institution that suffers any direct or indirect harm by a licensing or
8
accrediting organization or an athletic association or organization as a result of
9
compliance with par. (b) 2. may bring a cause of action against the licensing or
10
accrediting organization or the athletic association or organization for injunctive
11
relief, damages, and any other relief available under law.
SB116,3
12
Section
3
.
38.12 (15) of the statutes is created to read:
SB116,3,15
13
38.12
(15)
Intercollegiate or club sports; designation by sex.
(a) In
14
this subsection, “sex” means the sex determined by a physician at birth and
15
reflected on the birth certificate.
SB116,3,17
16
(b) A district board that operates or sponsors an intercollegiate or club athletic
17
team or sport shall do all of the following:
SB116,3,19
18
1. Expressly designate the athletic team or sport as one of the following based
19
on the sex of the participating students:
SB116,3,20
20
a. Males or men.
SB116,3,21
21
b. Females or women.
SB116,3,23
22
2. Prohibit students of the male sex from participating on an athletic team or
23
in a sport that is designated for females or women under subd. 1.
SB116,4,2
1
3. Prohibit students of the male sex from using locker rooms designated for
2
females.
SB116,4,7
3
(c) 1. A student of the female sex who is deprived of the opportunity to
4
participate in a sport or on an athletic team or who suffers any direct or indirect
5
harm as the result of a violation of par. (b) 2. may bring a cause of action against the
6
district board for injunctive relief, damages, and any other relief available under
7
law.
SB116,4,14
8
2. A student of the female sex who is subject to retaliation or other adverse
9
action by a district board or athletic association or organization, as a result of
10
reporting a violation of par. (b) 2. to an employee or representative of the district
11
board or athletic association or organization or to any state or federal agency with
12
oversight over the district board, may bring a cause of action against the district
13
board or athletic association or organization for injunctive relief, damages, and any
14
other relief available under law.
SB116,4,19
15
3. A district board that suffers any direct or indirect harm by a governmental
16
entity, licensing or accrediting organization, or athletic association or organization
17
as a result of compliance with par. (b) 2. may bring a cause of action against the
18
governmental entity, licensing or accrediting organization, or athletic association or
19
organization for injunctive relief, damages, and any other relief available under law.
SB116,4
20
Section
4
.
38.23 (1) of the statutes is amended to read:
SB116,5,2
21
38.23
(1)
No
Except as provided in s. 38.12 (15), no
student may be denied
22
admission to, participation in or the benefits of, or be discriminated against in any
23
service, program, course or facility of the board or any district because of the
1
student’s race, color, creed, religion, sex, national origin, disability, ancestry, age,
2
sexual orientation, pregnancy, marital status or parental status.
SB116,5
3
Section
5
. Initial applicability.
SB116,5,5
4
(
1
) This act first applies in the first semester or session beginning after the
5
effective date of this subsection.
SB116,5,6
6
(end)
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