Text of MO SB 55 (2025)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. FIRST REGULAR SESSION SENATE BILL NO. 55 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR COLEMAN. 0104S.01I 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 Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 163.048, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 163.048, 2 to read as follows: 3 163.048. 1.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 55 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] 5 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 or national intercollegiate athletics 43 organization that allows student athletes to use performance 44 enhancing drugs. 45 5. For purposes of this section, a statement of a 46 student's biological sex on the student's official birth 47 certificate or another government record shall be deemed to 48 SB 55 3 have correctly stated the student's biological sex only if 49 the statement was: 50 (1) Entered at or near the time of the student's 51 birth; or 52 (2) Modified to correct any scrivener's error in the 53 student's biological sex. 54 [5.] 6. A private school, public school district, 55 public charter school, or public or private institution of 56 postsecondary education that violates subdivision (1) of 57 subsection 3 of this section or subsection 4 of this section 58 shall not receive any state aid under this chapter or 59 chapter 173 or any other revenues from the state. 60 [6.] 7. The parent or guardian of any student, or any 61 student who is over eighteen years of age, who is deprived 62 of an athletic opportunity as a result of a violation of 63 this section shall have a cause of action for injunctive or 64 other equitable relief, as well as payment of reasonable 65 attorney's fees, costs, and expenses of the parent, 66 guardian, or student. The relief and remedies set forth 67 shall not be deemed exclusive and shall be in addition to 68 any other relief or remedies permitted by law. 69 [7.] 8. The department of elementary and secondary 70 education and the department of higher education and 71 workforce development shall each promulgate all necessary 72 rules and regulations for the implementation and 73 administration of this section. Such rules and regulations 74 shall ensure compliance with state and federal law regarding 75 the confidentiality of student medical information. Any 76 rule or portion of a rule, as that term is defined in 77 section 536.010, that is created under the authority 78 delegated in this section shall become effective only if it 79 complies with and is subject to all of the provisions of 80 SB 55 4 chapter 536 and, if applicable, section 536.028. This 81 section and chapter 536 are nonseverable and if any of the 82 powers vested with the general assembly pursuant to chapter 83 536 to review, to delay the effective date, or to disapprove 84 and annul a rule are subsequently held unconstitutional, 85 then the grant of rulemaking authority and any rule proposed 86 or adopted after August 28, 2023, shall be invalid and void. 87 [8.] 9. The provisions of this section shall expire on 88 August 28, 2027. 89 [9.] 10. If any provision of this section or the 90 application thereof to anyone or to any circumstance is held 91 invalid, the remainder of this section and the application 92 of such provisions to others or other circumstances shall 93 not be affected thereby. 94 