Missouri 2025 Regular Session

Missouri Senate Bill SB595 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. 595
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BURGER.
8	8	2219S.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	participation in athletics competitions.
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14	14	Section A. Section 163.048, RSMo, is repealed and one new 1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 ca tegories 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 opport unities for 16
33	33	athletics for females. 17 SB 595 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 re medy 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 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 female student to compet e 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. For purposes of this section, a statement of a 39
56	56	student's biological sex on the student's official birth 40
57	57	certificate or another government record shall be deemed to 41
58	58	have correctly stated the student's biological sex only if 42
59	59	the statement was: 43
60	60	(1) Entered at or near the time of the student's 44
61	61	birth; or 45
62	62	(2) Modified to correct any scrivener's error in the 46
63	63	student's biological sex. 47
64	64	5. A private school, public school district, public 48
65	65	charter school, or public or private institution of 49 SB 595 3
66	66	postsecondary education that violates subdivision (1) of 50
67	67	subsection 3 of this se ction shall not receive any state aid 51
68	68	under this chapter or chapter 173 or any other revenues from 52
69	69	the state. 53
70	70	6. The parent or guardian of any student, or any 54
71	71	student who is over eighteen years of age, who is deprived 55
72	72	of an athletic opportunity a s a result of a violation of 56
73	73	this section shall have a cause of action for injunctive or 57
74	74	other equitable relief, as well as payment of reasonable 58
75	75	attorney's fees, costs, and expenses of the parent, 59
76	76	guardian, or student. The relief and remedies set for th 60
77	77	shall not be deemed exclusive and shall be in addition to 61
78	78	any other relief or remedies permitted by law. 62
79	79	7. The department of elementary and secondary 63
80	80	education and the department of higher education and 64
81	81	workforce development shall each promul gate all necessary 65
82	82	rules and regulations for the implementation and 66
83	83	administration of this section. Such rules and regulations 67
84	84	shall ensure compliance with state and federal law regarding 68
85	85	the confidentiality of student medical information. Any 69
86	86	rule or portion of a rule, as that term is defined in 70
87	87	section 536.010, that is created under the authority 71
88	88	delegated in this section shall become effective only if it 72
89	89	complies with and is subject to all of the provisions of 73
90	90	chapter 536 and, if applicable, s ection 536.028. This 74
91	91	section and chapter 536 are nonseverable and if any of the 75
92	92	powers vested with the general assembly pursuant to chapter 76
93	93	536 to review, to delay the effective date, or to disapprove 77
94	94	and annul a rule are subsequently held unconstitut ional, 78
95	95	then the grant of rulemaking authority and any rule proposed 79
96	96	or adopted after August 28, 2023, shall be invalid and void. 80 SB 595 4
97	97	8. [The provisions of this section shall expire on 81
98	98	August 28, 2027. 82
99	99	9.] If any provision of this section or the 83
100	100	application thereof to anyone or to any circumstance is held 84
101	101	invalid, the remainder of this section and the application 85
102	102	of such provisions to others or other circumstances shall 86
103	103	not be affected thereby. 87
104	104	