Missouri 2025 Regular Session

Missouri Senate Bill SB55 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 55
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR COLEMAN.
8	8	0104S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 163.048, RSMo, and to enact in lieu thereof one new section relating to
11	11	performance enhancing drugs in student athletics.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 163.048, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 163.048, 2
16	16	to read as follows:3
17	17	163.048. 1. As used in this section, the following 1
18	18	terms mean: 2
19	19	(1) "Athletics", any interscholastic athletic games, 3
20	20	contests, programs, activities, exhibitions, or other 4
21	21	similar competitions organized and provided for students; 5
22	22	(2) "Sex", the two main categories of male and female 6
23	23	into which individuals are divided based on an individual's 7
24	24	reproductive biology at birth and the individual's genome. 8
25	25	2. (1) The general assembly hereby finds the 9
26	26	following: 10
27	27	(a) A noticeable disparity continues between the 11
28	28	athletics participation rates of students who are male and 12
29	29	students who are female; and 13
30	30	(b) Courts have recognized that classification by sex 14
31	31	is the only feasible classification to promote the 15
32	32	governmental interest of providing opportunities for 16
33	33	athletics for females. 17 SB 55 2
34	34	(2) The general assembly hereby declares that it is 18
35	35	the public policy of this state to further the governmental 19
36	36	interest of ensuring that sufficient opportunities for 20
37	37	athletics remain available for females to remedy past 21
38	38	discrimination on the basis of sex. 22
39	39	3. (1) Except as provided under subdivision (2) of 23
40	40	this subsection, no private school, public school district, 24
41	41	public charter school, or public or private institution of 25
42	42	postsecondary education shall allow any student to compete 26
43	43	in an athletics competition that is designated for the 27
44	44	biological sex opposite to the student's biological sex as 28
45	45	correctly stated on the student's official birth certificate 29
46	46	as described in subsection [4] 5 of this section or, if the 30
47	47	student's official birth certificate is unobtainable, 31
48	48	another government record. 32
49	49	(2) A private school, public school, public charter 33
50	50	school, or public or private institution of postsecondary 34
51	51	education may allow a fem ale student to compete in an 35
52	52	athletics competition that is designated for male students 36
53	53	if no corresponding athletics competition designated for 37
54	54	female students is offered or available. 38
55	55	4. No private school, public school, public charter 39
56	56	school, public school district, or public or private 40
57	57	institution of postsecondary education shall be a member of, 41
58	58	or remit any funds to, any statewide athletic activities 42
59	59	association or national intercollegiate athletics 43
60	60	organization that allows student athlet es to use performance 44
61	61	enhancing drugs. 45
62	62	5. For purposes of this section, a statement of a 46
63	63	student's biological sex on the student's official birth 47
64	64	certificate or another government record shall be deemed to 48 SB 55 3
65	65	have correctly stated the student's biol ogical sex only if 49
66	66	the statement was: 50
67	67	(1) Entered at or near the time of the student's 51
68	68	birth; or 52
69	69	(2) Modified to correct any scrivener's error in the 53
70	70	student's biological sex. 54
71	71	[5.] 6. A private school, public school district, 55
72	72	public charter school, or public or private institution of 56
73	73	postsecondary education that violates subdivision (1) of 57
74	74	subsection 3 of this section or subsection 4 of this section 58
75	75	shall not receive any state aid under this chapter or 59
76	76	chapter 173 or any other reve nues from the state. 60
77	77	[6.] 7. The parent or guardian of any student, or any 61
78	78	student who is over eighteen years of age, who is deprived 62
79	79	of an athletic opportunity as a result of a violation of 63
80	80	this section shall have a cause of action for injunctive or 64
81	81	other equitable relief, as well as payment of reasonable 65
82	82	attorney's fees, costs, and expenses of the parent, 66
83	83	guardian, or student. The relief and remedies set forth 67
84	84	shall not be deemed exclusive and shall be in addition to 68
85	85	any other relief or rem edies permitted by law. 69
86	86	[7.] 8. The department of elementary and secondary 70
87	87	education and the department of higher education and 71
88	88	workforce development shall each promulgate all necessary 72
89	89	rules and regulations for the implementation and 73
90	90	administration of this section. Such rules and regulations 74
91	91	shall ensure compliance with state and federal law regarding 75
92	92	the confidentiality of student medical information. Any 76
93	93	rule or portion of a rule, as that term is defined in 77
94	94	section 536.010, that is create d under the authority 78
95	95	delegated in this section shall become effective only if it 79
96	96	complies with and is subject to all of the provisions of 80 SB 55 4
97	97	chapter 536 and, if applicable, section 536.028. This 81
98	98	section and chapter 536 are nonseverable and if any of the 82
99	99	powers vested with the general assembly pursuant to chapter 83
100	100	536 to review, to delay the effective date, or to disapprove 84
101	101	and annul a rule are subsequently held unconstitutional, 85
102	102	then the grant of rulemaking authority and any rule proposed 86
103	103	or adopted after August 28, 2023, shall be invalid and void. 87
104	104	[8.] 9. The provisions of this section shall expire on 88
105	105	August 28, 2027. 89
106	106	[9.] 10. If any provision of this section or the 90
107	107	application thereof to anyone or to any circumstance is held 91
108	108	invalid, the remainder of this section and the application 92
109	109	of such provisions to others or other circumstances shall 93
110	110	not be affected thereby. 94
111	111	