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