Text of MO SB 9 (2021)

FIRST EXTRAORDINARY SESSION SENATE BILL NO. 9 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR MOON. 2839S.01I ADRIANE D. CROUSE, Secretary AN ACT To amend chapter 167, RSMo, by adding thereto one new section relating to middle school, high school, and college athletics. 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 one new section, to be known as section 167.780, to read as 2 follows: 3 167.780. 1. This act shall be known and may be cited 1 as the "Save Women's Sports Act". 2 2. An interscholastic or intramural athletic team or 3 sport that is sponsored by a public school or a private 4 middle school or high school, or by a public or private 5 institution of postsecondary education, the students or 6 teams of which compete against a public middle school, 7 public high school, or public institution of postsecondary 8 education shall be expressly designated as one of the 9 following based on the biological sex assigned at birth: 10 (1) "Males", "men", or "boys"; 11 (2) "Females", "women", or "girls"; or 12 (3) "Coeducational", "coed", or "mixed". 13 3. No athletic team or sport designated for females, 14 women, or girls shall be open to students of the male sex as 15 assigned at birth. 16 4. No governmental entity, licensing or accrediting 17 organization, or athletic association or organization shall 18 SB 9 2 entertain a complaint, open an investigation, or take any 19 other adverse action against a school or institution for 20 maintaining separate interscholastic or intramural athletic 21 teams or sports for students of the female sex as assigned 22 at birth. 23 5. A student who is deprived of an athletic 24 opportunity or suffers direct or indirect harm as a result 25 of a violation of this section shall have a cause of action 26 for injunctive relief, damages, and other relief available 27 under law against the school. 28 6. A student who is subject to retaliation or other 29 adverse action by a school, institution of postsecondary 30 education, or athletic association or organization as a 31 result of reporting a violation of this section to an 32 employee or representative of the school, institution, or 33 athletic association or organization, or to a state or 34 federal agency with oversight of schools or institutions of 35 postsecondary education in the state, has a cause of action 36 for injunctive relief, damages, and other relief available 37 under law against the school, institution, or athletic 38 association or organization. 39 7. A school or institution that suffers direct or 40 indirect harm as a result of a violation of this section has 41 a private cause of action for injunctive relief, damages, 42 and other relief available under law against the 43 governmental entity, licensing or accrediting organization, 44 or athletic association or organization. 45 8. A civil action brought pursuant to this section 46 shall be initiated within two years after the harm has 47 occurred. A person or entity that prevails on a claim 48 brought pursuant to this section is entitled to: 49 SB 9 3 (1) Monetary damages, including for psychological, 50 emotional, and physical harm suffered; 51 (2) Reasonable attorneys' fees and costs; and 52 (3) Any other relief considered appropriate by the 53 court. 54 