Text of MO HB 2734 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 2734 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BASYE. 5664H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapters 163 and 173, RSMo, by adding thereto two new sections relating to participation in athletic competitions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapters 163 and 173, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 163.048 and 173.088, to read as follows: 163.048. 1. As used in this section, the following terms mean: 2 (1) "Athletics", any interscholastic athletic games, contests, programs, activities, 3 exhibitions, or other similar competitions organized and provided for students; 4 (2) "Sex", the two main categories of male and female into which individuals are 5 divided based on an individual's reproductive biology at birth and the individual's 6 genome. 7 2. (1) The general assembly hereby finds the following: 8 (a) A noticeable disparity continues between the athletics participation rates of 9 students who are male and students who are female; 10 (b) Courts have recognized a legitimate and important governmental interest in 11 redressing past discrimination against females in athletics on the basis of sex and 12 promoting equality of athletic opportunity between the sexes under Title IX of the 13 federal Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), as amended; 14 and 15 (c) Courts have recognized that classification by sex is the only feasible 16 classification to promote the governmental interest of providing opportunities for 17 athletics for females. 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. 18 (2) The general assembly hereby declares that it is the public policy of this state 19 to further the governmental interest of ensuring that sufficient opportunities for 20 athletics remain available for females to remedy past discrimination on the basis of sex. 21 3. (1) Except as provided under subdivision (2) of this subsection, no school 22 district or charter school shall allow any student to compete in an athletics competition 23 that is designated for the biological sex opposite to the student's biological sex as 24 correctly stated on the student's official birth certificate as described in subsection 4 of 25 this section or, if the student's official birth certificate is unobtainable, another 26 government record. 27 (2) A school district or charter school may allow a female student to compete in 28 an athletics competition that is designated for male students if no corresponding 29 athletics competition designated for female students is offered or available. 30 4. For purposes of this section, a statement of a student's biological sex on the 31 student's official birth certificate or another government record shall be deemed to have 32 correctly stated the student's biological sex only if the statement was: 33 (1) Entered at or near the time of the student's birth; or 34 (2) Modified to correct any scrivener's error in the student's biological sex. 35 5. No school district or charter school that violates subdivision (1) of subsection 3 36 of this section shall receive any state aid under this chapter or any other revenues from 37 the state. 38 6. The department of elementary and secondary education shall promulgate all 39 necessary rules and regulations for the implementation and administration of this 40 section. Such rules and regulations shall ensure compliance with state and federal law 41 regarding the confidentiality of student medical information. Any rule or portion of a 42 rule, as that term is defined in section 536.010, that is created under the authority 43 delegated in this section shall become effective only if it complies with and is subject to 44 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and 45 chapter 536 are nonseverable, and if any of the powers vested with the general assembly 46 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 47 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 48 and any rule proposed or adopted after August 28, 2022, shall be invalid and void. 173.088. 1. As used in this section, the following terms mean: 2 (1) "Athletics", any intercollegiate athletic games, contests, programs, activities, 3 exhibitions, or other similar competitions organized and provided for students; 4 (2) "Sex", the two main categories of male and female into which individuals are 5 divided based on an individual's reproductive biology at birth and the individual's 6 genome. HB 2734 2 7 2. (1) The general assembly hereby finds the following: 8 (a) A noticeable disparity continues between the athletics participation rates of 9 students who are male and students who are female; 10 (b) Courts have recognized a legitimate and important governmental interest in 11 redressing past discrimination against females in athletics on the basis of sex and 12 promoting equality of athletic opportunity between the sexes under Title IX of the 13 federal Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.), as amended; 14 and 15 (c) Courts have recognized that classification by sex is the only feasible 16 classification to promote the governmental interest of providing opportunities for 17 athletics for females. 18 (2) The general assembly hereby declares that it is the public policy of this state 19 to further the governmental interest of ensuring that sufficient opportunities for 20 athletics remain available for females to remedy past discrimination on the basis of sex. 21 3. (1) Except as provided under subdivision (2) of this subsection, no institution 22 of higher education that receives revenues from the state shall allow any student to 23 compete in an athletics competition that is designated for the biological sex opposite to 24 the student's biological sex as correctly stated on the student's official birth certificate as 25 described in subsection 4 of this section or, if the student's official birth certificate is 26 unobtainable, another government record. 27 (2) An institution of higher education may allow a female student to compete in 28 an athletics competition that is designated for male students if no corresponding 29 athletics competition designated for female students is offered or available. 30 4. For purposes of this section, a statement of a student's biological sex on the 31 student's official birth certificate or another government record shall be deemed to have 32 correctly stated the student's biological sex only if the statement was: 33 (1) Entered at or near the time of the student's birth; or 34 (2) Modified to correct any scrivener's error in the student's biological sex. 35 5. No institution of higher education that violates subdivision (1) of subsection 3 36 of this section shall receive any revenues from the state. ✔ HB 2734 3