Text of MO SB 595 (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. 595 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR BURGER. 2219S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 163.048, RSMo, and to enact in lieu thereof one new section relating to participation in athletics competitions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 163.048, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 163.048, 2 to read as follows: 3 163.048. 1.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 595 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. 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 5. A private school, public school district, public 48 charter school, or public or private institution of 49 SB 595 3 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 then the grant of rulemaking authority and any rule proposed 79 or adopted after August 28, 2023, shall be invalid and void. 80 SB 595 4 8. [The provisions of this section shall expire on 81 August 28, 2027. 82 9.] If any provision of this section or the 83 application thereof to anyone or to any circumstance is held 84 invalid, the remainder of this section and the application 85 of such provisions to others or other circumstances shall 86 not be affected thereby. 87 