Text of MO SB 1440 (2024)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 1440 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR COLEMAN. 5830S.02I KRISTINA MARTIN, Secretary AN ACT To repeal section 163.048, RSMo, and to enact in lieu thereof one new section relating to performance enhancing drugs in student athletics. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 163.048, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 163.048, 2 to read as follows: 3 163.048. 1. As used in this section, the following 1 terms mean: 2 (1) "Athletics", any interscholastic athletic games, 3 contests, programs, activities, exhibitions, or other 4 similar competitions organized and provided for students; 5 (2) "Sex", the two main categories of male and female 6 into which individuals are divided based on an individual's 7 reproductive biology at birth and the individual's genome. 8 2. (1) The general assembly hereby finds the 9 following: 10 (a) A noticeable disparity continues between the 11 athletics participation rates of students who are male and 12 students who are female; and 13 (b) Courts have recognized that classification by sex 14 is the only feasible classification to promote the 15 governmental interest of providing opportunities for 16 athletics for females. 17 SB 1440 2 (2) The general assembly hereby declares that it is 18 the public policy of this state to further the governmental 19 interest of ensuring that sufficient opportunities for 20 athletics remain available for females to remedy past 21 discrimination on the basis of sex. 22 3. (1) Except as provided under subdivision (2) of 23 this subsection, no private school, public school district, 24 public charter school, or public or private institution of 25 postsecondary education shall allow any student to compete 26 in an athletics competition that is designated for the 27 biological sex opposite to the student's biological sex as 28 correctly stated on the student's official birth certificate 29 as described in subsection 4 of this section or, if the 30 student's official birth certificate is unobtainable, 31 another government record. 32 (2) A private school, public school, public charter 33 school, or public or private institution of postsecondary 34 education may allow a female student to compete in an 35 athletics competition that is designated for male students 36 if no corresponding athletics competition designated for 37 female students is offered or available. 38 4. No private school, public school, public charter 39 school, public school district, or public or private 40 institution of postsecondary education shall be a member of, 41 or remit any funds to, any statewide athletic activities 42 association that allows student athletes to use performance 43 enhancing drugs. 44 5. For purposes of this section, a statement of a 45 student's biological sex on the student's official birth 46 certificate or another government record shall be deemed to 47 have correctly stated the student's biological sex only if 48 the statement was: 49 SB 1440 3 (1) Entered at or near the time of the student's 50 birth; or 51 (2) Modified to correct any scrivener's error in the 52 student's biological sex. 53 [5.] 6. A private school, public school district, 54 public charter school, or public or private institution of 55 postsecondary education that violates subdivision (1) of 56 subsection 3 of this section or subsection 4 of this section 57 shall not receive any state aid under this chapter or 58 chapter 173 or any other revenues from the state. 59 [6.] 7. The parent or guardian of any student, or any 60 student who is over eighteen years of age, who is deprived 61 of an athletic opportunity as a result of a violation of 62 this section shall have a cause of action for injunctive or 63 other equitable relief, as well as payment of reasonable 64 attorney's fees, costs, and expenses of the parent, 65 guardian, or student. The relief and remedies set forth 66 shall not be deemed exclusive and shall be in addition to 67 any other relief or remedies permitted by law. 68 [7.] 8. The department of elementary and secondary 69 education and the department of higher education and 70 workforce development shall each promulgate all necessary 71 rules and regulations for the implementation and 72 administration of this section. Such rules and regulations 73 shall ensure compliance with state and federal law regarding 74 the confidentiality of student medical information. Any 75 rule or portion of a rule, as that term is defined in 76 section 536.010, that is created under the authority 77 delegated in this section shall become effective only if it 78 complies with and is subject to all of the provisions of 79 chapter 536 and, if applicable, section 536.028. This 80 section and chapter 536 are nonseverable and if any of the 81 SB 1440 4 powers vested with the general assembly pursuant to chapter 82 536 to review, to delay the effective date, or to disapprove 83 and annul a rule are subsequently held unconstitutional, 84 then the grant of rulemaking authority and any rule proposed 85 or adopted after August 28, 2023, shall be invalid and void. 86 [8.] 9. The provisions of this section shall expire on 87 August 28, 2027. 88 [9.] 10. If any provision of this section or the 89 application thereof to anyone or to any circumstance is held 90 invalid, the remainder of this section and the application 91 of such provisions to others or other circumstances shall 92 not be affected thereby. 93 