| 1 | 1 | | |
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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 597 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR GREGORY (15). |
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| 6 | 6 | | 1800S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend chapters 8, 171, and 173, RSMo, by adding thereto three new sections relating to single- |
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| 9 | 9 | | sex access to certain facilities. |
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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. Chapters 8, 171, a nd 173, RSMo, are amended by 1 |
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| 13 | 13 | | adding thereto three new sections, to be known as sections 2 |
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| 14 | 14 | | 8.1000, 171.422, and 173.1422, to read as follows:3 |
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| 15 | 15 | | 8.1000. 1. As used in this section, the following 1 |
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| 16 | 16 | | terms mean: 2 |
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| 17 | 17 | | (1) "Biological sex", as such term is de fined in 3 |
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| 18 | 18 | | section 191.1720; 4 |
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| 19 | 19 | | (2) "Family facility", a family restroom or shower 5 |
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| 20 | 20 | | room that does not have more than one toilet or shower; 6 |
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| 21 | 21 | | (3) "Gender", as such term is defined in section 7 |
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| 22 | 22 | | 191.1720; 8 |
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| 23 | 23 | | (4) "Multi-occupancy facility", a restroom , locker 9 |
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| 24 | 24 | | room, changing room, or shower room that is accessible to 10 |
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| 25 | 25 | | multiple individuals at the same time. "Multi-occupancy 11 |
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| 26 | 26 | | facility" shall not include a family facility; 12 |
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| 27 | 27 | | (5) "Public building", any building owned by the state 13 |
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| 28 | 28 | | or any department, d ivision, agency, or commission thereof, 14 |
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| 29 | 29 | | and any building operated by an entity that receives state 15 |
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| 30 | 30 | | funds. 16 |
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| 31 | 31 | | 2. (1) An entity operating a public building shall 17 |
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| 32 | 32 | | designate with clear signage each multi -occupancy facility 18 SB 597 2 |
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| 33 | 33 | | that is accessible by multipl e persons at the same time for 19 |
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| 34 | 34 | | the exclusive use of persons of the male biological sex only 20 |
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| 35 | 35 | | or for the exclusive use of persons of the female biological 21 |
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| 36 | 36 | | sex only. 22 |
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| 37 | 37 | | (2) An entity operating a public building shall not 23 |
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| 38 | 38 | | permit a member of the female b iological sex to use a multi - 24 |
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| 39 | 39 | | occupancy facility that has been designated by the public 25 |
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| 40 | 40 | | building for the exclusive use of persons of the male 26 |
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| 41 | 41 | | biological sex only. 27 |
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| 42 | 42 | | (3) An entity operating a public building shall not 28 |
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| 43 | 43 | | permit a member of the male biol ogical sex to use a multi - 29 |
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| 44 | 44 | | occupancy facility that has been designated by the public 30 |
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| 45 | 45 | | building for the exclusive use of persons of the female 31 |
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| 46 | 46 | | biological sex only. 32 |
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| 47 | 47 | | (4) An entity operating a public building shall not 33 |
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| 48 | 48 | | construct, establish, or maintain a multi-occupancy facility 34 |
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| 49 | 49 | | that is designated for the use of persons of a gender or 35 |
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| 50 | 50 | | genders instead of, or in addition to, being designated for 36 |
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| 51 | 51 | | the exclusive use of persons of the male biological sex only 37 |
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| 52 | 52 | | or for the exclusive use of persons of the fem ale biological 38 |
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| 53 | 53 | | sex only. This subdivision shall not be construed to 39 |
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| 54 | 54 | | prohibit an entity operating a public building from 40 |
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| 55 | 55 | | constructing, establishing, or maintaining a family facility. 41 |
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| 56 | 56 | | 3. This section shall not be construed to prohibit an 42 |
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| 57 | 57 | | entity operating a public building from adopting and 43 |
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| 58 | 58 | | enforcing a policy on the use of a multi -occupancy facility 44 |
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| 59 | 59 | | in accordance with the provisions of this section. Any such 45 |
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| 60 | 60 | | policy shall provide an option for alternative 46 |
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| 61 | 61 | | accommodations, including, but not limit ed to, the use of 47 |
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| 62 | 62 | | single-occupancy facilities or faculty facilities, upon the 48 |
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| 63 | 63 | | request of a person due to special circumstances. 49 SB 597 3 |
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| 64 | 64 | | 4. Subsection 2 of this section shall not apply to any 50 |
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| 65 | 65 | | of the following: 51 |
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| 66 | 66 | | (1) A child under ten years of age who i s being 52 |
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| 67 | 67 | | assisted by a parent, legal guardian, or family member, as 53 |
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| 68 | 68 | | well as the parent, legal guardian, or family member who is 54 |
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| 69 | 69 | | assisting such child; 55 |
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| 70 | 70 | | (2) A person with a disability who is being assisted 56 |
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| 71 | 71 | | by another person, as well as the person ass isting such 57 |
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| 72 | 72 | | person with a disability; 58 |
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| 73 | 73 | | (3) An employee of any department, division, agency, 59 |
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| 74 | 74 | | or commission of the state whose job duties require the 60 |
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| 75 | 75 | | employee to enter a multi -occupancy facility that is 61 |
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| 76 | 76 | | designated for a biological sex that differs f rom such 62 |
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| 77 | 77 | | employee's biological sex; or 63 |
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| 78 | 78 | | (4) A person who enters a multi -occupancy facility 64 |
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| 79 | 79 | | that is designated for a biological sex that differs from 65 |
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| 80 | 80 | | the person's biological sex because the person reasonably 66 |
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| 81 | 81 | | believes he or she is responding to a le gitimate emergency. 67 |
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| 82 | 82 | | 171.422. 1. As used in this section, the following 1 |
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| 83 | 83 | | terms mean: 2 |
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| 84 | 84 | | (1) "Biological sex", as such term is defined in 3 |
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| 85 | 85 | | section 191.1720; 4 |
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| 86 | 86 | | (2) "Family facility", a family restroom or shower 5 |
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| 87 | 87 | | room that does not have more than one toilet or shower; 6 |
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| 88 | 88 | | (3) "Gender", as such term is defined in section 7 |
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| 89 | 89 | | 191.1720; 8 |
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| 90 | 90 | | (4) "Multi-occupancy facility", a restroom, locker 9 |
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| 91 | 91 | | room, changing room, or shower room that is accessible to 10 |
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| 92 | 92 | | multiple individuals at the same tim e. "Multi-occupancy 11 |
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| 93 | 93 | | facility" shall not include a family facility; 12 |
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| 94 | 94 | | (5) "School", includes the following: 13 SB 597 4 |
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| 95 | 95 | | (a) Any charter school established pursuant to the 14 |
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| 96 | 96 | | provisions of sections 160.400 to 160.425; 15 |
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| 97 | 97 | | (b) Any public school, as such term is defined in 16 |
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| 98 | 98 | | section 160.011; and 17 |
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| 99 | 99 | | (c) Any school district, as such term is defined in 18 |
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| 100 | 100 | | section 160.011. 19 |
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| 101 | 101 | | 2. (1) A school shall designate with clear signage 20 |
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| 102 | 102 | | each multi-occupancy facility that is accessible by multiple 21 |
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| 103 | 103 | | students at the same ti me, whether located in a school 22 |
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| 104 | 104 | | building or in a facility used by the school for a school - 23 |
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| 105 | 105 | | sponsored activity, for the exclusive use of students of the 24 |
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| 106 | 106 | | male biological sex only or for the exclusive use of 25 |
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| 107 | 107 | | students of the female biological sex only. 26 |
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| 108 | 108 | | (2) A school shall not permit a member of the female 27 |
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| 109 | 109 | | biological sex to use a multi -occupancy facility that has 28 |
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| 110 | 110 | | been designated by the school for the exclusive use of 29 |
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| 111 | 111 | | students of the male biological sex only. 30 |
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| 112 | 112 | | (3) A school shall not permit a membe r of the male 31 |
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| 113 | 113 | | biological sex to use a multi -occupancy facility that has 32 |
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| 114 | 114 | | been designated by the school for the exclusive use of 33 |
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| 115 | 115 | | students of the female biological sex only. 34 |
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| 116 | 116 | | (4) A school shall not construct, establish, or 35 |
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| 117 | 117 | | maintain a multi-occupancy facility that is designated for 36 |
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| 118 | 118 | | the use of students of a gender or genders instead of, or in 37 |
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| 119 | 119 | | addition to, being designated for the exclusive use of 38 |
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| 120 | 120 | | students of the male biological sex only or for the 39 |
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| 121 | 121 | | exclusive use of students of the female biological s ex 40 |
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| 122 | 122 | | only. This subdivision shall not be construed to prohibit a 41 |
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| 123 | 123 | | school from constructing, establishing, or maintaining a 42 |
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| 124 | 124 | | family facility. 43 |
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| 125 | 125 | | 3. (1) A school shall not permit a member of the 44 |
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| 126 | 126 | | female biological sex to share overnight accommodations wi th 45 SB 597 5 |
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| 127 | 127 | | a member of the male biological sex in any setting where 46 |
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| 128 | 128 | | students are required to stay overnight, including, but not 47 |
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| 129 | 129 | | limited to, any school trip. 48 |
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| 130 | 130 | | (2) A school shall not permit a member of the male 49 |
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| 131 | 131 | | biological sex to share overnight accommodatio ns with a 50 |
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| 132 | 132 | | member of the female biological sex in any setting where 51 |
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| 133 | 133 | | students are required to stay overnight, including, but not 52 |
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| 134 | 134 | | limited to, any school trip. 53 |
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| 135 | 135 | | 4. This section shall not be construed to prohibit a 54 |
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| 136 | 136 | | school from adopting and enforcing a policy on the use of a 55 |
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| 137 | 137 | | multi-occupancy facility in accordance with the provisions 56 |
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| 138 | 138 | | of this section. Any such policy shall provide an option 57 |
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| 139 | 139 | | for alternative accommodations, including, but not limited 58 |
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| 140 | 140 | | to, the use of single -occupancy facilities or faculty 59 |
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| 141 | 141 | | facilities, upon the request of a student due to special 60 |
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| 142 | 142 | | circumstances. 61 |
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| 143 | 143 | | 5. Subsections 2 and 3 of this section shall not apply 62 |
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| 144 | 144 | | to any of the following: 63 |
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| 145 | 145 | | (1) A child under ten years of age who is being 64 |
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| 146 | 146 | | assisted by a parent, legal guardian, o r family member, as 65 |
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| 147 | 147 | | well as the parent, legal guardian, or family member who is 66 |
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| 148 | 148 | | assisting such child; 67 |
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| 149 | 149 | | (2) A person with a disability who is being assisted 68 |
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| 150 | 150 | | by another person, as well as the person assisting such 69 |
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| 151 | 151 | | person with a disability; 70 |
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| 152 | 152 | | (3) An employee of an institution of higher education 71 |
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| 153 | 153 | | whose job duties require the employee to enter a multi - 72 |
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| 154 | 154 | | occupancy facility that is designated for a biological sex 73 |
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| 155 | 155 | | that differs from such employee's biological sex; or 74 |
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| 156 | 156 | | (4) A person who enters a mul ti-occupancy facility 75 |
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| 157 | 157 | | that is designated for a biological sex that differs from 76 SB 597 6 |
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| 158 | 158 | | the person's biological sex because the person reasonably 77 |
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| 159 | 159 | | believes he or she is responding to a legitimate emergency. 78 |
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| 160 | 160 | | 173.1422. 1. As used in this secti on, the following 1 |
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| 161 | 161 | | terms mean: 2 |
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| 162 | 162 | | (1) "Biological sex", as such term is defined in 3 |
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| 163 | 163 | | section 191.1720; 4 |
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| 164 | 164 | | (2) "Family facility", a family restroom or shower 5 |
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| 165 | 165 | | room that does not have more than one toilet or shower; 6 |
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| 166 | 166 | | (3) "Gender", as such term is d efined in section 7 |
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| 167 | 167 | | 191.1720; 8 |
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| 168 | 168 | | (4) "Institution of higher education", any public 9 |
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| 169 | 169 | | institution of postsecondary education or proprietary school 10 |
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| 170 | 170 | | in this state that is subject to the coordinating board for 11 |
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| 171 | 171 | | higher education pursuant to section 173.005; 12 |
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| 172 | 172 | | (5) "Multi-occupancy facility", a restroom, locker 13 |
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| 173 | 173 | | room, changing room, or shower room that is accessible to 14 |
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| 174 | 174 | | multiple individuals at the same time. "Multi-occupancy 15 |
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| 175 | 175 | | facility" shall not include a family facility. 16 |
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| 176 | 176 | | 2. (1) An institution of hig her education shall 17 |
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| 177 | 177 | | designate with clear signage each multi -occupancy facility 18 |
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| 178 | 178 | | accessible by multiple students at the same time, whether 19 |
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| 179 | 179 | | located in a building of the institution or in a facility 20 |
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| 180 | 180 | | used by the institution for an institution -sponsored 21 |
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| 181 | 181 | | activity, for the exclusive use of students of the male 22 |
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| 182 | 182 | | biological sex only or for the exclusive use of students of 23 |
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| 183 | 183 | | the female biological sex only. 24 |
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| 184 | 184 | | (2) An institution of higher education shall not 25 |
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| 185 | 185 | | permit a member of the female biological sex to use a multi- 26 |
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| 186 | 186 | | occupancy facility that has been designated by the 27 |
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| 187 | 187 | | institution of higher education for the exclusive use of 28 |
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| 188 | 188 | | students of the male biological sex only. 29 SB 597 7 |
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| 189 | 189 | | (3) An institution of higher education shall not 30 |
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| 190 | 190 | | permit a member of the male biological s ex to use a multi- 31 |
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| 191 | 191 | | occupancy facility that has been designated by the 32 |
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| 192 | 192 | | institution of higher education for the exclusive use of 33 |
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| 193 | 193 | | students of the female biological sex only. 34 |
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| 194 | 194 | | (4) An institution of higher education shall not 35 |
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| 195 | 195 | | construct, establish, or ma intain a multi-occupancy facility 36 |
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| 196 | 196 | | that is designated for the use of students of a gender or 37 |
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| 197 | 197 | | genders instead of, or in addition to, being designated for 38 |
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| 198 | 198 | | the exclusive use of students of the male biological sex 39 |
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| 199 | 199 | | only or for the exclusive use of students o f the female 40 |
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| 200 | 200 | | biological sex only. This subdivision shall not be 41 |
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| 201 | 201 | | construed to prohibit an institution of higher education 42 |
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| 202 | 202 | | from constructing, establishing, or maintaining a family 43 |
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| 203 | 203 | | facility. 44 |
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| 204 | 204 | | 3. This section shall not be construed to prohibit an 45 |
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| 205 | 205 | | institution of higher education from adopting and enforcing 46 |
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| 206 | 206 | | a policy on the use of a multi -occupancy facility in 47 |
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| 207 | 207 | | accordance with the provisions of this section. Any such 48 |
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| 208 | 208 | | policy shall provide an option for alternative 49 |
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| 209 | 209 | | accommodations, including, but not l imited to, the use of 50 |
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| 210 | 210 | | single-occupancy facilities or faculty facilities, upon the 51 |
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| 211 | 211 | | request of a student due to special circumstances. 52 |
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| 212 | 212 | | 4. Subsection 2 of this section shall not apply to any 53 |
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| 213 | 213 | | of the following: 54 |
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| 214 | 214 | | (1) A child under ten years of age who is being 55 |
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| 215 | 215 | | assisted by a parent, legal guardian, or family member, as 56 |
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| 216 | 216 | | well as the parent, legal guardian, or family member who is 57 |
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| 217 | 217 | | assisting such child; 58 |
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| 218 | 218 | | (2) A person with a disability who is being assisted 59 |
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| 219 | 219 | | by another person, as well as the perso n who is assisting 60 |
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| 220 | 220 | | such person with a disability; 61 SB 597 8 |
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| 221 | 221 | | (3) A school employee whose job duties require the 62 |
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| 222 | 222 | | employee to enter a multi -occupancy facility that is 63 |
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| 223 | 223 | | designated for a biological sex that differs from such 64 |
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| 224 | 224 | | employee's biological sex; or 65 |
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| 225 | 225 | | (4) A person who enters a multi -occupancy facility 66 |
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| 226 | 226 | | that is designated for a biological sex that differs from 67 |
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| 227 | 227 | | the person's biological sex because the person reasonably 68 |
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| 228 | 228 | | believes he or she is responding to a legitimate emergency. 69 |
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| 229 | 229 | | |
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