FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE BILL NO. 160
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
1382S.02P KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 173, RSMo, by adding thereto two new sections relating to student associations
at public institutions of higher learning.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 173, RSMo, is amended by adding thereto 1
two new sections, to be known as sections 173.1555 and 173.1556, 2
to read as follows:3
173.1555. As used in this section and section 1
173.1556, the following terms mean: 2
(1) "Adverse action", any action or policy that denies 3
a belief-based student association any benefit available to 4
other student associations or organizations or that 5
otherwise discriminates with respect to any such benefit; 6
(2) "Belief-based student association" includes, but 7
is not limited to, any political or ideological student 8
association or any religious student association; 9
(3) "Benefit", recognition, registration, the use of 10
facilities of a public institution of higher learnin g for 11
meetings or speaking purposes, the use of channels of 12
communication of a public institution of higher learning, or 13
such other assistance, aid, or advantage as is made 14 SS SB 160 2
available to student associations by a public institution of 15
higher learning; 16
(4) "Public institution of higher learning", any state 17
postsecondary educational institution governed or supervised 18
by a board erected under chapter 172, 174, 175, or 178; a 19
board of trustees of a community college; or any state board 20
for any other technical school. 21
173.1556. 1. (1) No public institution of higher 1
learning shall take any adverse action against a belief - 2
based student association or an applicant to be recognized 3
as such: 4
(a) Because such association is political, 5
ideological, or religious; 6
(b) On the basis of such association's viewpoint or 7
expression of the viewpoint by the association or the 8
association's members; or 9
(c) Based on such association's requirement that the 10
association's leaders be committed to furthering the 11
association's mission or that the association's leaders 12
adhere to the association's sincerely held beliefs, sincere 13
practice requirements, or sincere standards of conduct. 14
(2) Leaders referred to in paragraph ( c) of 15
subdivision (1) of this subsection shall include, but not be 16
limited to, any person who holds a position within the 17
association that authorizes such person to participate in 18
the leadership or governance of the association or in 19
establishing criteria for the association's leadership or 20
governance. 21
(3) The mission, beliefs, practice requirements, and 22
standards of conduct referred to in paragraph (c) of 23
subdivision (1) of this subsection shall be interpreted as 24
defined by the association. 25 SS SB 160 3
2. Any belief-based student association or applicant 26
to be recognized as such that has been aggrieved as a result 27
of a violation or threatened violation of subsection 1 of 28
this section may assert that violation or threatened 29
violation as a claim or defense in a judicial proceeding or 30
in an administrative proceeding involving the public 31
institution of higher learning and obtain appropriate relief. 32
3. The provisions of this section shall not apply to a 33
belief-based student association if th ere is substantial 34
evidence that such association's viewpoint or expression of 35
the viewpoint by the association or the association's 36
members would cause a material and substantial disruption to 37
the educational environment or interfere with the rights o f 38
others on campus, in accordance with the United States 39
Supreme Court's decision in Healy v. James, 408 U.S. 169 40
(1972). 41