Text of MO HB 170 (2023)

FIRST REGULAR SESSION HOUSE BILL NO. 170 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE SEITZ. 0501H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapters 167 and 173, RSMo, by adding thereto two new sections relating to participation in athletics. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapters 167 and 173, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 167.178 and 173.088, to read as follows: 167.178. 1. This section and section 173.088 shall be known and may be cited as 2 the "Save Women's Sports Act". 3 2. As used in this section, the following terms mean: 4 (1) "Parent", a parent, guardian, custodian, or other person with authority to 5 act on behalf of a student; 6 (2) "Private school", the same definition as in section 166.700; 7 (3) "Public school", the same definition as in section 160.011; 8 (4) "School organization", a statewide athletic organization with a public school 9 district as a member including, but not limited to, the Missouri State High School 10 Activities Association. 11 3. Interscholastic or intramural athletic teams that are sponsored by a public 12 school or by a private school whose students compete against a public school's students 13 shall be expressly designated as one of the following based on biological sex: 14 (1) Males, men, or boys; 15 (2) Females, women, or girls; or 16 (3) Coed or mixed. EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 17 4. Before the beginning of each school year, a parent of a student who competes 18 on an athletic team of a public school or private school and is seventeen years of age or 19 younger shall sign an affidavit acknowledging the biological sex of such student at birth. 20 If a student who competes on an athletic team of a public school or private school is 21 eighteen years of age or older, such student shall sign an affidavit acknowledging such 22 student's biological sex at birth. If there is any change in the status of the biological sex 23 of the student, the affiant shall notify the public school or private school within thirty 24 days of such change. 25 5. (1) Athletic teams designated for females, women, or girls shall not be open to 26 students of the male sex. 27 (2) Any student who is deprived of an athletic opportunity or suffers any direct 28 or indirect harm as a result of a violation of subdivision (1) of this subsection shall have 29 a cause of action for injunctive relief, damages, and any other relief permitted by law 30 against the public school or private school causing such deprivation or harm. 31 (3) Any student who is subject to retaliation or other adverse action by a public 32 school, private school, or school organization as a result of reporting a violation of 33 subdivision (1) of this subsection to an employee or representative of such public school, 34 private school, or school organization or to any state or federal agency with oversight of 35 public schools in this state shall have a cause of action for injunctive relief, damages, and 36 any other relief permitted by law against such public school, private school, or school 37 organization. 38 6. (1) Neither the state board of education nor a school organization shall 39 entertain a complaint, open an investigation, or take any other adverse action against a 40 public school or private school for maintaining athletic teams or sports for students of 41 the female sex as provided in subsection 5 of this section. 42 (2) Any public school or private school that suffers any direct or indirect harm 43 as a result of a violation of subdivision (1) of this subsection shall have a cause of action 44 for injunctive relief, damages, and any other relief permitted by law against such state 45 board of education or school organization. 46 7. Causes of action authorized by this section shall be initiated within two years 47 after such harm occurred. A party that prevails on a claim brought under this section 48 shall be entitled to monetary damages for the following: 49 (1) Any psychological, emotional, and physical harm suffered; 50 (2) Reasonable attorney's fees and costs; and 51 (3) Any other appropriate relief permitted by law. 173.088. 1. As used in this section, the following terms mean: HB 170 2 2 (1) "Athletic conference", an entity that has athletics governance authority, is a 3 member of an athletic association, and has a membership composed of postsecondary 4 educational institutions that compete against other postsecondary educational 5 institutions. The term includes, but is not limited to, a collaboration of such entities, 6 such as the autonomy conferences; 7 (2) "Intercollegiate association", a national association with athletics governance 8 authority that is composed of postsecondary educational institutions and athletic 9 conferences, that sets eligibility requirements for participation in sports at the collegiate 10 level, and that provides the coordination, supervision, and regulation of the 11 intercollegiate competitions; 12 (3) "Parent", a parent, guardian, custodian, or other person with authority to 13 act on behalf of a student; 14 (4) "Postsecondary educational institution", any campus of a public or private 15 institution of higher education in this state that is subject to the coordinating board for 16 higher education under section 173.005. 17 2. Intercollegiate or intramural athletic teams that are sponsored by a 18 postsecondary educational institution shall be expressly designated as one of the 19 following based on biological sex: 20 (1) Males, men, or boys; 21 (2) Females, women, or girls; or 22 (3) Coed or mixed. 23 3. Before the beginning of each academic year, a parent of a student who 24 competes on an athletic team of a postsecondary educational institution and is seventeen 25 years of age or younger shall sign an affidavit acknowledging the biological sex of such 26 student at birth. If a student who competes on an athletic team of a postsecondary 27 educational institution is eighteen years of age or older, such student shall sign an 28 affidavit acknowledging such student's biological sex at birth. If there is any change in 29 the status of the biological sex of the student, the affiant shall notify the postsecondary 30 educational institution within thirty days of such change. 31 4. (1) Athletic teams designated for females, women, or girls shall not be open to 32 students of the male sex. 33 (2) Any student who is deprived of an athletic opportunity or suffers any direct 34 or indirect harm as a result of a violation of subdivision (1) of this subsection shall have 35 a cause of action for injunctive relief, damages, and any other relief permitted by law 36 against such postsecondary educational institution causing such deprivation or harm. 37 (3) Any student who is subject to retaliation or other adverse action by a 38 postsecondary educational institution, athletic conference, or intercollegiate association HB 170 3 39 as a result of reporting a violation of subdivision (1) of this subsection to an employee or 40 representative of such postsecondary educational institution, athletic conference, or 41 intercollegiate association or to any state or federal agency with oversight of 42 postsecondary educational institutions in this state shall have a cause of action for 43 injunctive relief, damages, and any other relief permitted by law against such 44 postsecondary educational institution, athletic conference, or intercollegiate association. 45 5. (1) Neither the coordinating board for higher education nor any athletic 46 conference or intercollegiate association of which a postsecondary educational 47 institution is a member shall entertain a complaint, open an investigation, or take any 48 other adverse action against a such postsecondary educational institution for 49 maintaining athletic teams or sports for students of the female sex as provided in 50 subsection 5 of this section. 51 (2) Any postsecondary educational institution that suffers any direct or indirect 52 harm as a result of a violation of subdivision (1) of this subsection shall have a cause of 53 action for injunctive relief, damages, and any other relief permitted by law against such 54 coordinating board for higher education, athletic conference, or intercollegiate 55 association. 56 6. Causes of action authorized by this section shall be initiated within two years 57 after such harm occurred. A party that prevails on a claim brought under this section 58 shall be entitled to monetary damages for the following: 59 (1) Any psychological, emotional, and physical harm suffered; 60 (2) Reasonable attorney's fees and costs; and 61 (3) Any other appropriate relief permitted by law. ✔ HB 170 4