Text of MO SB 39 (2023)

FIRST REGULAR SESSION SENATE BILL NO. 39 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR THOMPSON REHDER. 0815S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 163, RSMo, by adding thereto one new section relating to participation in athletic competition. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 163, RSMo, is amended by adding thereto 1 one new section, to be known as section 163.048, to read as 2 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; 13 (b) Courts have recognized a legitimate and important 14 governmental interest in redressing past discrimination 15 against females in athletics on the basis of sex and 16 promoting equality of athletic opportunity between the sexes 17 SB 39 2 under Title IX of the federal Education Amendments of 1972 18 (20 U.S.C. Section 1681, et seq.), as amended; and 19 (c) Courts have recognized that classification by sex 20 is the only feasible classification to promote the 21 governmental interest of providing opportunities for 22 athletics for females. 23 (2) The general assembly hereby declares that it is 24 the public policy of this state to further the governmental 25 interest of ensuring that sufficient opportunities for 26 athletics remain available for females to remedy past 27 discrimination on the basis of sex. 28 3. (1) Except as provided under subdivision (2) of 29 this subsection, no school district or charter school shall 30 allow any student to compete in an athletics competition 31 that is designated for the biological sex opposite to the 32 student's biological sex as correctly stated on the 33 student's official birth certificate as described in 34 subsection 4 of this section or, if the student's official 35 birth certificate is unobtainable, another government record. 36 (2) A school district or charter school may allow a 37 female student to compete in an athletics competition that 38 is designated for male students if no corresponding 39 athletics competition designated for female students is 40 offered or available. 41 4. For purposes of this section, a statement of a 42 student's biological sex on the student's official birth 43 certificate or another government record shall be deemed to 44 have correctly stated the student's biological sex only if 45 the statement was: 46 (1) Entered at or near the time of the student's 47 birth; or 48 SB 39 3 (2) Modified to correct any scrivener's error in the 49 student's biological sex. 50 5. No school district or charter school that violates 51 subdivision (1) of subsection 3 of this section shall 52 receive any state aid under this chapter or any other 53 revenues from the state. 54 6. The department of elementary and secondary 55 education shall promulgate all necessary rules and 56 regulations for the implementation and administration of 57 this section. Such rules and regulations shall ensure 58 compliance with state and federal law regarding the 59 confidentiality of student medical information. Any rule or 60 portion of a rule, as that term is defined in section 61 536.010, that is created under the authority delegated in 62 this section shall become effective only if it complies with 63 and is subject to all of the provisions of chapter 536 and, 64 if applicable, section 536.028. This section and chapter 65 536 are nonseverable and if any of the powers vested with 66 the general assembly pursuant to chapter 536 to review, to 67 delay the effective date, or to disapprove and annul a rule 68 are subsequently held unconstitutional, then the grant of 69 rulemaking authority and any rule proposed or adopted after 70 August 28, 2023, shall be invalid and void. 71 

FIRST REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] SENATE SUBSTITUTE NO. 2 FOR SENATE BILL NO. 39 102ND GENERAL ASSEMBLY 2023 0815S.06T AN ACT To amend chapter 163, RSMo, by adding thereto one new section relating to participation in athletic competition, with a severability clause. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 163, RSMo, is amended by adding thereto 1 one new section, to be known as section 163.048, to read as 2 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 SS#2 SB 39 2 governmental interest of providing opportunities for 16 athletics for females. 17 (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. For purposes of this section, a statement of a 39 student's biological sex on the student's official birth 40 certificate or another government record shall be deemed to 41 have correctly stated the student's biological sex only if 42 the statement was: 43 (1) Entered at or near the time of the student's 44 birth; or 45 (2) Modified to correct any scrivener's error in the 46 student's biological sex. 47 SS#2 SB 39 3 5. A private school, public school district, public 48 charter school, or public or private institution of 49 postsecondary education that violates subdivision (1) of 50 subsection 3 of this section shall not receive any state aid 51 under this chapter or chapter 173 or any other revenues from 52 the state. 53 6. The parent or guardian of any student, or any 54 student who is over eighteen years of age, who is deprived 55 of an athletic opportunity as a result of a violation of 56 this section shall have a cause of action for injunctive or 57 other equitable relief, as well as payment of reasonable 58 attorney's fees, costs, and expenses of the parent, 59 guardian, or student. The relief and remedies set forth 60 shall not be deemed exclusive and shall be in addition to 61 any other relief or remedies permitted by law. 62 7. The department of elementary and secondary 63 education and the department of higher education and 64 workforce development shall each promulgate all necessary 65 rules and regulations for the implementation and 66 administration of this section. Such rules and regulations 67 shall ensure compliance with state and federal law regarding 68 the confidentiality of student medical information. Any 69 rule or portion of a rule, as that term is defined in 70 section 536.010, that is created under the authority 71 delegated in this section shall become effective only if it 72 complies with and is subject to all of the provisions of 73 chapter 536 and, if applicable, section 536.028. This 74 section and chapter 536 are nonseverable and if any of the 75 powers vested with the general assembly pursuant to chapter 76 536 to review, to delay the effective date, or to disapprove 77 and annul a rule are subsequently held unconstitutional, 78 SS#2 SB 39 4 then the grant of rulemaking authority and any rule proposed 79 or adopted after August 28, 2023, shall be invalid and void. 80 8. The provisions of this section shall expire on 81 August 28, 2027. 82 Section B. If any provision of section A of this act 1 or the application thereof to anyone or to any circumstance 2 is held invalid, the remainder of those sections and the 3 application of such provisions to others or other 4 circumstances shall not be affected thereby. 5 