Text of MO SB 165 (2023)

FIRST REGULAR SESSION SENATE BILL NO. 165 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR CARTER. 1122S.02I KRISTINA MARTIN, Secretary AN ACT To amend chapter 167, RSMo, by adding thereto two new sections relating to athletic opportunities for students. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 167, RSMo, is amended by adding thereto 1 two new sections, to be known as sections 167.169 and 167.172, 2 to read as follows: 3 167.169. 1. This section shall be known and may be 1 cited as the "Save Women's Sports Act". 2 2. An interscholastic or intramural athletic team 3 sponsored by a public or private middle school or high 4 school, or by a public or private institution of 5 postsecondary education, shall be expressly designated as 6 one of the following categories based on the biological sex 7 assigned at birth: 8 (1) "Males", "men", or "boys"; 9 (2) "Females", "women", or "girls"; or 10 (3) "Coeducational", "coed", or "mixed". 11 3. No athletic team or sport designated for females, 12 women, or girls shall be open to students of the male sex as 13 assigned at birth. 14 4. No public or private middle school or high school, 15 or public or private institution of postsecondary education, 16 that has biological males as assigned at birth playing 17 SB 165 2 women's sports shall be eligible for any moneys appropriated 18 by the general assembly. 19 5. A student who is deprived of an athletic 20 opportunity or suffers direct or indirect harm as a result 21 of a violation of this section shall have a cause of action 22 for injunctive relief, damages, and other relief available 23 under law against the school. 24 6. A student who is subject to retaliation or other 25 adverse action by a school, institution of postsecondary 26 education, or athletic association or organization as a 27 result of reporting a violation of this section to an 28 employee or representative of the school, institution, or 29 athletic association or organization, or to a state or 30 federal agency with oversight of schools or institutions of 31 postsecondary education in the state, has a cause of action 32 for injunctive relief, damages, and other relief available 33 under law against the school, institution, or athletic 34 association or organization. 35 7. A school or institution that suffers direct or 36 indirect harm as a result of a violation of this section has 37 a private cause of action for injunctive relief, damages, 38 and other relief available under law against the 39 governmental entity, licensing or accrediting organization, 40 or athletic association or organization. 41 8. A civil action brought pursuant to this section 42 shall be initiated within two years after the harm has 43 occurred. A person or entity that prevails on a claim 44 brought pursuant to this section is entitled to: 45 (1) Monetary damages, including for psychological, 46 emotional, and physical harm suffered; 47 (2) Reasonable attorneys' fees and costs; and 48 SB 165 3 (3) Any other relief considered appropriate by the 49 court. 50 167.172. 1. For the purposes of this section, 1 "biological sex" means the physical condition of being male 2 or female, which is determined by a person's chromosomes, 3 and is identified at birth by a person's anatomy and 4 indicated on their birth certificate. 5 2. In every public or private school setting in which 6 a student may be in a state of undress in the presence of 7 other students, school personnel shall provide separate, 8 distinct areas designated for use by students based on their 9 biological sex to ensure the personal privacy and safety of 10 students. 11 3. Every public or private school locker room and 12 shower room designated for student use and which is 13 accessible by multiple students at the same time shall be 14 designated for and used only by students of the same 15 biological sex. At no time shall a student be allowed to 16 access a public school locker room or shower room designated 17 for use by the opposite biological sex. 18 4. A student who asserts to school officials that his 19 or her gender is different from his or her biological sex 20 may be provided with alternative accommodations. 21 