EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 595
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
2219S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 163.048, RSMo, and to enact in lieu thereof one new section relating to
participation in athletics competitions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 163.048, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 163.048, 2
to read as follows:3
163.048. 1. As used in this section, the following 1
terms mean: 2
(1) "Athletics", any interscholastic athletic games, 3
contests, programs, activities, exhibitions, or other 4
similar competitions organized and provided for students; 5
(2) "Sex", the two main ca tegories of male and female 6
into which individuals are divided based on an individual's 7
reproductive biology at birth and the individual's genome. 8
2. (1) The general assembly hereby finds the 9
following: 10
(a) A noticeable disparity continues between the 11
athletics participation rates of students who are male and 12
students who are female; and 13
(b) Courts have recognized that classification by sex 14
is the only feasible classification to promote the 15
governmental interest of providing opport unities for 16
athletics for females. 17 SB 595 2
(2) The general assembly hereby declares that it is 18
the public policy of this state to further the governmental 19
interest of ensuring that sufficient opportunities for 20
athletics remain available for females to re medy past 21
discrimination on the basis of sex. 22
3. (1) Except as provided under subdivision (2) of 23
this subsection, no private school, public school district, 24
public charter school, or public or private institution of 25
postsecondary education shall allow any student to compete 26
in an athletics competition that is designated for the 27
biological sex opposite to the student's biological sex as 28
correctly stated on the student's official birth certificate 29
as described in subsection 4 of this section or , if the 30
student's official birth certificate is unobtainable, 31
another government record. 32
(2) A private school, public school, public charter 33
school, or public or private institution of postsecondary 34
education may allow a female student to compet e in an 35
athletics competition that is designated for male students 36
if no corresponding athletics competition designated for 37
female students is offered or available. 38
4. For purposes of this section, a statement of a 39
student's biological sex on the student's official birth 40
certificate or another government record shall be deemed to 41
have correctly stated the student's biological sex only if 42
the statement was: 43
(1) Entered at or near the time of the student's 44
birth; or 45
(2) Modified to correct any scrivener's error in the 46
student's biological sex. 47
5. A private school, public school district, public 48
charter school, or public or private institution of 49 SB 595 3
postsecondary education that violates subdivision (1) of 50
subsection 3 of this se ction shall not receive any state aid 51
under this chapter or chapter 173 or any other revenues from 52
the state. 53
6. The parent or guardian of any student, or any 54
student who is over eighteen years of age, who is deprived 55
of an athletic opportunity a s a result of a violation of 56
this section shall have a cause of action for injunctive or 57
other equitable relief, as well as payment of reasonable 58
attorney's fees, costs, and expenses of the parent, 59
guardian, or student. The relief and remedies set for th 60
shall not be deemed exclusive and shall be in addition to 61
any other relief or remedies permitted by law. 62
7. The department of elementary and secondary 63
education and the department of higher education and 64
workforce development shall each promul gate all necessary 65
rules and regulations for the implementation and 66
administration of this section. Such rules and regulations 67
shall ensure compliance with state and federal law regarding 68
the confidentiality of student medical information. Any 69
rule or portion of a rule, as that term is defined in 70
section 536.010, that is created under the authority 71
delegated in this section shall become effective only if it 72
complies with and is subject to all of the provisions of 73
chapter 536 and, if applicable, s ection 536.028. This 74
section and chapter 536 are nonseverable and if any of the 75
powers vested with the general assembly pursuant to chapter 76
536 to review, to delay the effective date, or to disapprove 77
and annul a rule are subsequently held unconstitut ional, 78
then the grant of rulemaking authority and any rule proposed 79
or adopted after August 28, 2023, shall be invalid and void. 80 SB 595 4
8. [The provisions of this section shall expire on 81
August 28, 2027. 82
9.] If any provision of this section or the 83
application thereof to anyone or to any circumstance is held 84
invalid, the remainder of this section and the application 85
of such provisions to others or other circumstances shall 86
not be affected thereby. 87