Missouri 2025 Regular Session

Missouri Senate Bill SB597 Latest Draft

Bill / Introduced Version Filed 01/22/2025

                             
FIRST REGULAR SESSION 
SENATE BILL NO. 597 
103RD GENERAL ASSEMBLY  
INTRODUCED BY SENATOR GREGORY (15). 
1800S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To amend chapters 8, 171, and 173, RSMo, by adding thereto three new sections relating to single-
sex access to certain facilities. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Chapters 8, 171, a nd 173, RSMo, are amended by 1 
adding thereto three new sections, to be known as sections 2 
8.1000, 171.422, and 173.1422, to read as follows:3 
     8.1000.  1.  As used in this section, the following 1 
terms mean: 2 
     (1)  "Biological sex", as such term is de fined in  3 
section 191.1720; 4 
     (2)  "Family facility", a family restroom or shower 5 
room that does not have more than one toilet or shower; 6 
     (3)  "Gender", as such term is defined in section 7 
191.1720; 8 
     (4)  "Multi-occupancy facility", a restroom , locker  9 
room, changing room, or shower room that is accessible to 10 
multiple individuals at the same time.  "Multi-occupancy  11 
facility" shall not include a family facility; 12 
     (5)  "Public building", any building owned by the state 13 
or any department, d ivision, agency, or commission thereof, 14 
and any building operated by an entity that receives state 15 
funds. 16 
     2.  (1)  An entity operating a public building shall 17 
designate with clear signage each multi -occupancy facility 18   SB 597 	2 
that is accessible by multipl e persons at the same time for 19 
the exclusive use of persons of the male biological sex only 20 
or for the exclusive use of persons of the female biological 21 
sex only. 22 
     (2)  An entity operating a public building shall not 23 
permit a member of the female b iological sex to use a multi - 24 
occupancy facility that has been designated by the public 25 
building for the exclusive use of persons of the male 26 
biological sex only. 27 
     (3)  An entity operating a public building shall not 28 
permit a member of the male biol ogical sex to use a multi - 29 
occupancy facility that has been designated by the public 30 
building for the exclusive use of persons of the female 31 
biological sex only. 32 
     (4)  An entity operating a public building shall not 33 
construct, establish, or maintain a multi-occupancy facility 34 
that is designated for the use of persons of a gender or 35 
genders instead of, or in addition to, being designated for 36 
the exclusive use of persons of the male biological sex only 37 
or for the exclusive use of persons of the fem ale biological  38 
sex only.  This subdivision shall not be construed to 39 
prohibit an entity operating a public building from 40 
constructing, establishing, or maintaining a family facility. 41 
     3.  This section shall not be construed to prohibit an 42 
entity operating a public building from adopting and 43 
enforcing a policy on the use of a multi -occupancy facility 44 
in accordance with the provisions of this section.  Any such  45 
policy shall provide an option for alternative 46 
accommodations, including, but not limit ed to, the use of  47 
single-occupancy facilities or faculty facilities, upon the 48 
request of a person due to special circumstances. 49   SB 597 	3 
     4.  Subsection 2 of this section shall not apply to any 50 
of the following: 51 
     (1)  A child under ten years of age who i s being  52 
assisted by a parent, legal guardian, or family member, as 53 
well as the parent, legal guardian, or family member who is 54 
assisting such child; 55 
     (2)  A person with a disability who is being assisted 56 
by another person, as well as the person ass isting such  57 
person with a disability; 58 
     (3)  An employee of any department, division, agency, 59 
or commission of the state whose job duties require the 60 
employee to enter a multi -occupancy facility that is 61 
designated for a biological sex that differs f rom such  62 
employee's biological sex; or 63 
     (4)  A person who enters a multi -occupancy facility 64 
that is designated for a biological sex that differs from 65 
the person's biological sex because the person reasonably 66 
believes he or she is responding to a le gitimate emergency. 67 
     171.422.  1.  As used in this section, the following 1 
terms mean: 2 
     (1)  "Biological sex", as such term is defined in 3 
section 191.1720; 4 
     (2)  "Family facility", a family restroom or shower 5 
room that does not have more than one toilet or shower; 6 
     (3)  "Gender", as such term is defined in section 7 
191.1720; 8 
     (4)  "Multi-occupancy facility", a restroom, locker 9 
room, changing room, or shower room that is accessible to 10 
multiple individuals at the same tim e.  "Multi-occupancy  11 
facility" shall not include a family facility; 12 
     (5)  "School", includes the following: 13   SB 597 	4 
     (a)  Any charter school established pursuant to the 14 
provisions of sections 160.400 to 160.425; 15 
     (b)  Any public school, as such term is defined in  16 
section 160.011; and 17 
     (c)  Any school district, as such term is defined in 18 
section 160.011. 19 
     2.  (1)  A school shall designate with clear signage 20 
each multi-occupancy facility that is accessible by multiple 21 
students at the same ti me, whether located in a school 22 
building or in a facility used by the school for a school - 23 
sponsored activity, for the exclusive use of students of the 24 
male biological sex only or for the exclusive use of 25 
students of the female biological sex only. 26 
     (2)  A school shall not permit a member of the female 27 
biological sex to use a multi -occupancy facility that has 28 
been designated by the school for the exclusive use of 29 
students of the male biological sex only. 30 
     (3)  A school shall not permit a membe r of the male  31 
biological sex to use a multi -occupancy facility that has 32 
been designated by the school for the exclusive use of 33 
students of the female biological sex only. 34 
     (4)  A school shall not construct, establish, or 35 
maintain a multi-occupancy facility that is designated for 36 
the use of students of a gender or genders instead of, or in 37 
addition to, being designated for the exclusive use of 38 
students of the male biological sex only or for the 39 
exclusive use of students of the female biological s ex  40 
only.  This subdivision shall not be construed to prohibit a 41 
school from constructing, establishing, or maintaining a 42 
family facility. 43 
     3.  (1)  A school shall not permit a member of the 44 
female biological sex to share overnight accommodations wi th  45   SB 597 	5 
a member of the male biological sex in any setting where 46 
students are required to stay overnight, including, but not 47 
limited to, any school trip. 48 
     (2)  A school shall not permit a member of the male 49 
biological sex to share overnight accommodatio ns with a  50 
member of the female biological sex in any setting where 51 
students are required to stay overnight, including, but not 52 
limited to, any school trip. 53 
     4.  This section shall not be construed to prohibit a 54 
school from adopting and enforcing a policy on the use of a 55 
multi-occupancy facility in accordance with the provisions 56 
of this section.  Any such policy shall provide an option 57 
for alternative accommodations, including, but not limited 58 
to, the use of single -occupancy facilities or faculty  59 
facilities, upon the request of a student due to special 60 
circumstances. 61 
     5.  Subsections 2 and 3 of this section shall not apply 62 
to any of the following: 63 
     (1)  A child under ten years of age who is being 64 
assisted by a parent, legal guardian, o r family member, as 65 
well as the parent, legal guardian, or family member who is 66 
assisting such child; 67 
     (2)  A person with a disability who is being assisted 68 
by another person, as well as the person assisting such 69 
person with a disability; 70 
     (3)  An employee of an institution of higher education 71 
whose job duties require the employee to enter a multi - 72 
occupancy facility that is designated for a biological sex 73 
that differs from such employee's biological sex; or 74 
     (4)  A person who enters a mul ti-occupancy facility 75 
that is designated for a biological sex that differs from 76   SB 597 	6 
the person's biological sex because the person reasonably 77 
believes he or she is responding to a legitimate emergency. 78 
     173.1422.  1.  As used in this secti on, the following  1 
terms mean: 2 
     (1)  "Biological sex", as such term is defined in 3 
section 191.1720; 4 
     (2)  "Family facility", a family restroom or shower 5 
room that does not have more than one toilet or shower; 6 
     (3)  "Gender", as such term is d efined in section  7 
191.1720; 8 
     (4)  "Institution of higher education", any public 9 
institution of postsecondary education or proprietary school 10 
in this state that is subject to the coordinating board for 11 
higher education pursuant to section 173.005; 12 
    (5)  "Multi-occupancy facility", a restroom, locker 13 
room, changing room, or shower room that is accessible to 14 
multiple individuals at the same time.  "Multi-occupancy  15 
facility" shall not include a family facility. 16 
     2.  (1)  An institution of hig her education shall 17 
designate with clear signage each multi -occupancy facility 18 
accessible by multiple students at the same time, whether 19 
located in a building of the institution or in a facility 20 
used by the institution for an institution -sponsored  21 
activity, for the exclusive use of students of the male 22 
biological sex only or for the exclusive use of students of 23 
the female biological sex only. 24 
     (2)  An institution of higher education shall not 25 
permit a member of the female biological sex to use a multi- 26 
occupancy facility that has been designated by the 27 
institution of higher education for the exclusive use of 28 
students of the male biological sex only. 29   SB 597 	7 
     (3)  An institution of higher education shall not 30 
permit a member of the male biological s ex to use a multi- 31 
occupancy facility that has been designated by the 32 
institution of higher education for the exclusive use of 33 
students of the female biological sex only. 34 
     (4)  An institution of higher education shall not 35 
construct, establish, or ma intain a multi-occupancy facility 36 
that is designated for the use of students of a gender or 37 
genders instead of, or in addition to, being designated for 38 
the exclusive use of students of the male biological sex 39 
only or for the exclusive use of students o f the female  40 
biological sex only.  This subdivision shall not be 41 
construed to prohibit an institution of higher education 42 
from constructing, establishing, or maintaining a family 43 
facility. 44 
     3.  This section shall not be construed to prohibit an 45 
institution of higher education from adopting and enforcing 46 
a policy on the use of a multi -occupancy facility in 47 
accordance with the provisions of this section.  Any such  48 
policy shall provide an option for alternative 49 
accommodations, including, but not l imited to, the use of 50 
single-occupancy facilities or faculty facilities, upon the 51 
request of a student due to special circumstances. 52 
     4.  Subsection 2 of this section shall not apply to any 53 
of the following: 54 
     (1)  A child under ten years of age who is being  55 
assisted by a parent, legal guardian, or family member, as 56 
well as the parent, legal guardian, or family member who is 57 
assisting such child; 58 
     (2)  A person with a disability who is being assisted 59 
by another person, as well as the perso n who is assisting 60 
such person with a disability; 61   SB 597 	8 
     (3)  A school employee whose job duties require the 62 
employee to enter a multi -occupancy facility that is 63 
designated for a biological sex that differs from such 64 
employee's biological sex; or 65 
     (4)  A person who enters a multi -occupancy facility 66 
that is designated for a biological sex that differs from 67 
the person's biological sex because the person reasonably 68 
believes he or she is responding to a legitimate emergency. 69 
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