Struck = removed from the bill ·
added = the amendment's new text.
SECOND6308H03.01H REGULARHB SESSION2536 [PERFECTED]House HOUSE_____________________________________________________ COMMITTEEAmendment SUBSTITUTENO.____ FOROffered HOUSEBy BILL_____________________________________ NO.___________________________________ AMEND House Committee Substitute for House Bill No.
25362536, 103RDPage GENERAL4, ASSEMBLYSection 6308H.03P8.672, JOSEPHLine ENGLER,10, Chiefby Clerkdeleting ANthe ACTphrase To"or repealchanging sectionsroom" 1.020 and 163.048,inserting RSMo, and to enact in lieu thereof fivethe newphrase sections", relatinga tochanging women'sroom, protection.or sleeping quarters";
Beand it5 enactedFurther byamend thesaid Generalbill, Assemblypage, ofand section, Line 16, by deleting the statethird instance of Missouri,the asword follows:"or";
Sectionand A.8 Further amend said bill, page, and section, Line 19, by deleting all of said line and inserting in lieu thereof of the following:
Sections"or 1.020designee andnotifies 163.048,the RSMo,staff arethat repealedall andstudents fiveare newfully sectionsdressed; enacted in lieu thereof, to be known as sections 1.020, 8.671, 8.672, 8.673, and 163.048, to read as follows:
1.020.or (6) To perform the official duties of a public safety officer.";
Asand usedFurther inamend thesaid statutorybill lawsby ofamending this state, unless otherwise specially provided or unless plainly repugnant to the intenttitle, ofenacting theclause, legislatureand orintersectional toreferences theaccordingly. context thereof:
(1)Action "CertifiedTaken___________________________________________ mail"Date or__________________ "certifiedPage mail1 with return receipt requested", includes certified mail carried by the United States Postal Service, or any parcel or letter carried by an overnight, express, or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the1 signature of the recipient;
(2) "County or circuit attorney" means prosecuting attorney;
(3) "Executor" includes administrator where the subject matter applies to an administrator;
(4) "Female", an individual who naturally has, had, will, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization;
(5) "General election" means the election required to be held on the Tuesday succeeding the first Monday of November, biennially;
[(5)] (6) "Guardian", if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475.
"Guardianship", if EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law.
Matter in bold-face type in the above bill is proposed language.
HCS HB 2536 2 used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in chapter 475;
[(6)](7) "Handicap" means a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, or disease, and where the impairment is verified by medical findings;
[(7)] (8) "Heretofore" means any time previous to the day when the statute containing it takes effect;
and "hereafter" means the time after the statute containing it takes effect;
[(8)] (9) "In vacation" includes any adjournment of court for more than one day whenever any act is authorized to be done by or any power given to a court, or judge thereof in vacation, or whenever any act is authorized to be done by or any power given to a clerk of any court in vacation;
[(9)] (10) "Incompetent", if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation.
"Incompetent", if used in a section in a context relating to the property rights and obligations of a person, means a disabled person as defined in chapter 475.
"Incompetent", if used in a section in a context relating to the rights and obligations of a person other than property rights and obligations, means an incapacitated person as defined in chapter 475;
[(10)] (11) "Justice of the county court" means commissioner of the county commission;
[(11)] (12) "Male", an individual who naturally has, had, will, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization;
(13) "Month" and "year".
"Month" means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord;
[(12)] (14) The word "person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations;
[(13)](15) "Personal property" includes money, goods, chattels, things in action and evidences of debt;
[(14)] (16) "Place of residence" means the place where the family of any person permanently resides in this state, and the place where any person having no family generally lodges;
[(15)] (17) "Preceding" and "following", when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference;
[(16)] (18) "Property" includes real and personal property;
HCS HB 2536 3 [(17)] (19) "Real property" or "premises" or "real estate" or "lands" is coextensive with lands, tenements and hereditaments;
(20) "Sex", an individual's biological sex, either male or female;
[(18)] (21) "State", when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories;
[(19)] (22) "Under legal disability" includes persons within the age of minority or of unsound mind or imprisoned;
[(20)] (23) "Ward", if used in a section in a context relating to the property rights and obligations of a person, means a protectee as defined in chapter 475.
"Ward", if used in a section in a context relating to the rights and obligations of a person other than property rights and obligations, means a ward as defined in chapter 475;
[(21)] (24) "Will" includes the words testament and codicil;
[(22)] (25) "Written" and "in writing" and "writing word for word" includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his mark, is intended.
8.671.
For the purposes of sections 8.671 to 8.673, the following terms mean:
(1) "Changing room", a room or area in which a person may be in a state of undress in the presence of others, including a locker room or shower room;
(2) "Covered entity" includes:
(a) "Correctional center", any premises or institution where incarceration, evaluation, care, treatment, or rehabilitation is provided to persons who are under the authority of the department of corrections, as defined in section 217.010;
(b) "Juvenile detention facility", a place, institution, building or part thereof, set of buildings, or area, whether enclosing a building or set of buildings, that has been designated by the juvenile court as a place of detention for juveniles and that is operated, administered, and staffed separately and independently of a jail or other detention facility for adults and used exclusively for the lawful custody and treatment of juveniles as defined in section 211.151;
(c) "Public building", a building owned or operated by the state or by a governmental subdivision of the state including, but not limited to, a city, county, or school district;
(d) "School", all public elementary and high schools operated at public expense as defined in section 160.011.
"School" shall not include private schools, religious schools, or homeschooling families;
HCS HB 2536 4 (e) "State institution of higher education", a state institution governed by sections 174.020 and 174.500;
(3) "Female", the same as defined in section 1.020;
(4) "Male" the same as defined in section 1.020;
(5) "Multi-occupancy", a space that is designed for use by multiple persons simultaneously;
(6) "Restroom", a room that includes one or more toilets or urinals;
(7) "Sex", the same as defined in section 1.020;
(8) "Sleeping quarters", a room with a bed and in which more than one individual is housed overnight.
8.672.
1.
A covered entity shall designate each multi-occupancy restroom, changing room, and sleeping quarters for the exclusive use of males or females.
2.
Every restroom, changing room, or sleeping quarters within a covered entity that is designated for females or males shall only be used by members of that sex.
No individual shall enter a restroom, changing room, or sleeping quarters that is designated for females or males unless he or she is a member of that sex.
3.
The covered entity shall take reasonable steps to provide individuals with privacy from members of the opposite sex in restrooms, changing rooms, and sleeping quarters.
4.
This section shall not apply to an individual who enters a restroom, a changing room, or sleeping quarters designated for the opposite sex in any of the following circumstances:
(1) To perform custodial, maintenance, or licensed inspection duties;
(2) To render medical assistance;
(3) To render assistance by law enforcement;
(4) To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety;
(5) To provide coaching or athletic training during athletic events by coaching staff, if no other space is available for the team to meet and only after the team captain or designee notifies the staff that all students are fully dressed;
or (6) To perform the official duties of a public safety officer.
5.
During any activity or event authorized by a school or state institution of higher education where students share sleeping quarters, no student shall share sleeping quarters with a member of the opposite sex unless such persons are members of the same family, such as a parent, guardian, sibling, or grandparent.
6.
In any other facility or setting in a school or state institution of higher education where a person may be in a state of undress in the presence of others, school HCS HB 2536 5 personnel shall provide separate, private areas designated for use by persons based on their sex, and no person shall enter these private areas unless he or she is a member of the designated sex.
7.
A state institution of higher education that offers housing for students shall provide students the option to be housed only in a single-sex educational housing space with persons of the same sex.
8.
Nothing in this section shall be construed to prohibit a covered entity from:
(1) Adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act, young children in need of assistance, or elderly persons requiring aid;
(2) Establishing single-occupancy restrooms, changing rooms, or sleeping quarters, or family restrooms, changing rooms, or sleeping quarters;
or (3) Redesignating a multi-occupancy restroom, changing room, or sleeping quarters designated for exclusive use by one sex to a designation for exclusive use by the opposite sex.
8.673.
1.
An individual who, while accessing a restroom or changing room designated for use by their sex, encounters a person of the opposite sex in that restroom or changing room has a private cause of action for declaratory and injunctive relief against the covered entity if the covered entity:
(1) Provided the person permission to use a restroom or changing room of the opposite sex;
or (2) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.
2.
An individual who is required by the covered entity to share sleeping quarters with a person of the opposite sex has a private cause of action for declaratory and injunctive relief against the covered entity.
3.
All civil actions brought pursuant to this section shall be initiated within two years after the violation occurred.
An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending covered entity.
163.048.
1.
As used in this section, the following terms mean:
(1) "Athletics", any interscholastic athletic games, contests, programs, activities, exhibitions, or other similar competitions organized and provided for students;
(2) "Sex", [the two main categories of male and female into which individuals are divided based on an individual's reproductive biology at birth and the individual's genome] the same as defined in section 1.020.
2.
(1) The general assembly hereby finds the following:
HCS HB 2536 6 (a) A noticeable disparity continues between the athletics participation rates of students who are male and students who are female;
and (b) Courts have recognized that classification by sex is the only feasible classification to promote the governmental interest of providing opportunities for athletics for females.
(2) The general assembly hereby declares that it is the public policy of this state to further the governmental interest of ensuring that sufficient opportunities for athletics remain available for females to remedy past discrimination on the basis of sex.
3.
(1) Except as provided under subdivision (2) of this subsection, no private school, public school district, public charter school, or public or private institution of postsecondary education shall allow any student to compete in an athletics competition that is designated for the biological sex opposite to the student's biological sex as correctly stated on the student's official birth certificate as described in subsection 4 of this section or, if the student's official birth certificate is unobtainable, another government record.
(2) A private school, public school, public charter school, or public or private institution of postsecondary education may allow a female student to compete in an athletics competition that is designated for male students if no corresponding athletics competition designated for female students is offered or available.
4.
For purposes of this section, a statement of a student's biological sex on the student's official birth certificate or another government record shall be deemed to have correctly stated the student's biological sex only if the statement was:
(1) Entered at or near the time of the student's birth;
or (2) Modified to correct any scrivener's error in the student's biological sex.
5.
A private school, public school district, public charter school, or public or private institution of postsecondary education that violates subdivision (1) of subsection 3 of this section shall not receive any state aid under this chapter or chapter 173 or any other revenues from the state.
6.
The parent or guardian of any student, or any student who is over eighteen years of age, who is deprived of an athletic opportunity as a result of a violation of this section shall have a cause of action for injunctive or other equitable relief, as well as payment of reasonable attorney's fees, costs, and expenses of the parent, guardian, or student.
The relief and remedies set forth shall not be deemed exclusive and shall be in addition to any other relief or remedies permitted by law.
7.
The department of elementary and secondary education and the department of higher education and workforce development shall each promulgate all necessary rules and regulations for the implementation and administration of this section.
Such rules and regulations shall ensure compliance with state and federal law regarding the confidentiality of student medical information.
Any rule or portion of a rule, as that term is defined in section HCS HB 2536 7 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.
8.
[The provisions of this section shall expire on August 28, 2027.
9.] If any provision of this section or the application thereof to anyone or to any circumstance is held invalid, the remainder of this section and the application of such provisions to others or other circumstances shall not be affected thereby.