1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 117 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR MOON. |
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6 | 6 | | 1059S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapter 170, RSMo, by adding thereto one new section relating to the sole purpose of |
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9 | 9 | | discussion of certain topics by school personnel. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapter 170, RSMo, is amended by adding thereto 1 |
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13 | 13 | | one new section, to be known as section 170.385, to read as 2 |
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14 | 14 | | follows:3 |
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15 | 15 | | 170.385. 1. This section shall be known and may be 1 |
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16 | 16 | | cited as the "Vulnerable Child Compassion and Protection 2 |
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17 | 17 | | Act". 3 |
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18 | 18 | | 2. For purposes of this section, the following terms 4 |
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19 | 19 | | shall mean: 5 |
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20 | 20 | | (1) "Biological sex", an individual's sex as assigned 6 |
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21 | 21 | | at birth on his or her original birth certificate as 7 |
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22 | 22 | | described in subsection 12 of this section, or, if the 8 |
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23 | 23 | | individual's birth certificate is unobta inable, another 9 |
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24 | 24 | | government record; 10 |
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25 | 25 | | (2) "Gender identity", the preconceived notion of 11 |
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26 | 26 | | someone's psychological, behavioral, social, and cultural 12 |
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27 | 27 | | aspects of being a biological male or biological female. 13 |
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28 | 28 | | For the purposes of this section, a biolog ical male shall be 14 |
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29 | 29 | | someone with the biological indicators of a male in the 15 |
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30 | 30 | | context of reproductive potential or capacity, such as the 16 |
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31 | 31 | | presence of a Y chromosome, naturally occurring sex 17 |
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32 | 32 | | hormones, gonads, and nonambiguous external genitalia 18 SB 117 2 |
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33 | 33 | | present at birth. A biological female shall be someone with 19 |
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34 | 34 | | the biological indicators of a female in the context of 20 |
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35 | 35 | | reproductive potential or capacity, such as the absence of a 21 |
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36 | 36 | | Y chromosome, naturally occurring sex hormones, gonads, and 22 |
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37 | 37 | | nonambiguous internal and external genitalia present at 23 |
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38 | 38 | | birth; 24 |
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39 | 39 | | (3) "Parent", a parent or legal guardian of a 25 |
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40 | 40 | | student. "Parents" means all of a student's parents or 26 |
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41 | 41 | | legal guardians; 27 |
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42 | 42 | | (4) "School", any public elementary or secondary 28 |
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43 | 43 | | school or public charter school ; 29 |
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44 | 44 | | (5) "School official", any employee at a school, 30 |
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45 | 45 | | including nurses, counselors, teachers, principals, and 31 |
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46 | 46 | | other contracted personnel; 32 |
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47 | 47 | | (6) "Sexual relationship", an individual's actual or 33 |
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48 | 48 | | perceived emotional or physical attraction to, or rom antic 34 |
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49 | 49 | | or physical relationships with, members of the same 35 |
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50 | 50 | | biological sex, members of a different biological sex, or 36 |
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51 | 51 | | members of any biological sex; or the lack of any emotional 37 |
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52 | 52 | | or physical attraction to, or romantic or physical 38 |
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53 | 53 | | relationships with, anyo ne; 39 |
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54 | 54 | | (7) "Student", any person who attends a public 40 |
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55 | 55 | | elementary or secondary school or public charter school, is 41 |
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56 | 56 | | under the age of eighteen, and is not an emancipated minor, 42 |
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57 | 57 | | as such term defined in section 302.178. 43 |
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58 | 58 | | 3. (1) No school official sh all encourage a student 44 |
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59 | 59 | | to adopt a gender identity or sexual relationship. 45 |
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60 | 60 | | (2) This subsection shall not apply to course 46 |
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61 | 61 | | components of a school's curriculum that have artistic or 47 |
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62 | 62 | | anthropological significance or to materials used in science 48 |
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63 | 63 | | courses, including, but not limited to, materials used in 49 |
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64 | 64 | | biology, anatomy, physiology, and sexual education classes. 50 SB 117 3 |
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65 | 65 | | 4. If a student approaches a school official to 51 |
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66 | 66 | | express discomfort or confusion about such student's 52 |
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67 | 67 | | biological sex, the school officia l shall notify such 53 |
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68 | 68 | | student's parents of the discussion within forty -eight hours. 54 |
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69 | 69 | | 5. No school official shall use a name to address a 55 |
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70 | 70 | | student other than the name registered by such student's 56 |
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71 | 71 | | parent during enrollment, or derivatives thereof, withou t 57 |
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72 | 72 | | the written permission of such student's parents. 58 |
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73 | 73 | | 6. No school official shall use a pronoun to address a 59 |
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74 | 74 | | student that differs from such student's biological sex 60 |
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75 | 75 | | without the written permission of such student's parents. 61 |
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76 | 76 | | 7. No school official, when acting in the course of 62 |
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77 | 77 | | his or her official duties, shall carry out any act or 63 |
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78 | 78 | | communication that would violate subsections 4 to 6 of this 64 |
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79 | 79 | | section. 65 |
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80 | 80 | | 8. No school shall require a school official to use a 66 |
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81 | 81 | | pronoun that does not match a person 's biological sex if 67 |
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82 | 82 | | doing so would be contrary to the school official's 68 |
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83 | 83 | | religious or moral convictions. 69 |
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84 | 84 | | 9. Nothing in this section prohibits school officials 70 |
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85 | 85 | | from discussing any matters of public concern outside the 71 |
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86 | 86 | | context of their official dut ies. 72 |
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87 | 87 | | 10. Any school official who discloses a violation of 73 |
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88 | 88 | | this section by a school official shall be protected from 74 |
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89 | 89 | | any manner of retaliation as set forth in section 105.055. 75 |
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90 | 90 | | 11. If a school district or charter school discovers 76 |
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91 | 91 | | that a school official employed by such district or charter 77 |
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92 | 92 | | school has knowingly violated any provision of this section, 78 |
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93 | 93 | | the district or charter school shall determine a reasonable 79 |
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94 | 94 | | and fair penalty for such violation in accordance with state 80 |
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95 | 95 | | law. 81 SB 117 4 |
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96 | 96 | | 12. For purposes of this section, a statement of an 82 |
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97 | 97 | | individual's biological sex on his or her birth certificate 83 |
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98 | 98 | | or another government record shall be deemed to have 84 |
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99 | 99 | | correctly stated his or her biological sex only if the 85 |
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100 | 100 | | statement was: 86 |
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101 | 101 | | (1) Entered at or near the time of the individual's 87 |
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102 | 102 | | birth; or 88 |
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103 | 103 | | (2) Modified to correct any scrivener's error in the 89 |
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104 | 104 | | individual's biological sex. 90 |
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105 | 105 | | |
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