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SECOND REGULAR SESSION
HOUSE BILL NO. 2075
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
4434H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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, and 173, RSMo, are amended by adding thereto three
2 new sections, to be known as sections 8.1000, 171.422, and 173.1422, to read as follows:
8.1000. 1. As used in this section, the following terms mean:
2 (1) "Biological sex", as such term is defined in section 191.1720;
3 (2) "Family facility", a family r estroom or shower r oom that does not have mor e
4 than one toilet or shower;
5 (3) "Gender", as such term is defined in section 191.1720;
6 (4) "Multi-occupancy facility", a res tr oom, locker r oom, changing ro om, or
7 shower room that is accessible to multiple individuals at the same time. "Multi-
8 occupancy facility" shall not include a family facility;
9 (5) "Public building", any building owned by the state or any department,
10 division, agency , or commission ther eof, and any building operated by an entity that
11 r eceives state funds;
12 (6) "Single-occupancy facility", a restr oom, locker r oom, changing r oom, or
13 shower r oom that is accessible only to a single individual at the same time. "Single-
14 occupancy facility" may include a family facility .
15 2. (1) An entity operating a public building shall designate with clear signage
16 each multi-occupancy facility that is accessible by multiple persons at the same time for
EXPLANA TION — 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.
17 the exclusive use of persons of the male biological sex only or for the exclusive use of
18 persons of the female biological sex only .
19 (2) An entity operating a public building shall not permit a member of the
20 female biological sex to use a multi-occupancy facility that has been designated by the
21 public building for the exclusive use of persons of the male biological sex only .
22 (3) An entity operating a public building shall not permit a member of the male
23 biological sex to use a multi-occupancy facility that has been designated by the public
24 building for the exclusive use of persons of the female biological sex only .
25 (4) An entity operating a public building shall not construct, establish, or
26 maintain a multi-occupancy facility that is designated for the use of persons of a gender
27 or genders instead of, or in addition to, being designated for the exclusive use of persons
28 of the male biological sex only or for the exclusive use of persons of the female biological
29 sex only . This subdivision shall not be construed to pro hibit an entity operating a public
30 building fr om constructing, establishing, or maintaining a family facility .
31 (5) An entity operating a public building may designate a single-occupancy
32 facility as accessible to a person of either biological sex.
33 3. This section shall not be construed to proh ibit an entity operating a public
34 building fro m adopting and enforci ng a policy on the use of a multi-occupancy facility in
35 accordance with the pr ovisions of this section. Any such policy shall pr ovide an option
36 for alternative accommodations, including, but not limited to, the use of single-
37 occupancy facilities, upon the r equest of a person due to special circu mstances.
38 4. Subsection 2 of this section shall not apply to any of the following:
39 (1) A child under ten years of age who is being assisted by a par ent, legal
40 guardian, or family member , as well as the par ent, legal guardian, or family member
41 who is assisting such child;
42 (2) A person with a disability who is being assisted by another person, as well as
43 the person assisting such person with a disability;
44 (3) An employee of any department, division, agency , or commission of the state
45 whose job duties r equir e the employee to enter a multi-occupancy facility that is
46 designated for a biological sex that differs from such employee's biological sex; or
47 (4) A person who enters a multi-occupancy facility that is designated for a
48 biological sex that differs fr om the person's biological sex because the person reas onably
49 believes he or she is res ponding to a legitimate emergency .
50 5. Failur e to comply with the pro visions of this section shall res ult in revo cation
51 or withholding of state funding for the entity that operates the public building.
171.422. 1. As used in this section, the following terms mean:
2 (1) "Biological sex", as such term is defined in section 191.1720;
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3 (2) "Family facility", a family r estroom or shower r oom that does not have mor e
4 than one toilet or shower;
5 (3) "Gender", as such term is defined in section 191.1720;
6 (4) "Multi-occupancy facility", a res tr oom, locker r oom, changing ro om, or
7 shower room that is accessible to multiple individuals at the same time. "Multi-
8 occupancy facility" shall not include a family facility;
9 (5) "School", includes the following:
10 (a) Any charter school established pursuant to the pr ovisions of sections 160.400
11 to 160.425;
12 (b) Any public school, as such term is defined in section 160.01 1; and
13 (c) Any school district, as such term is defined in section 160.01 1;
14 (6) "Single-occupancy facility", a restr oom, locker r oom, changing r oom, or
15 shower r oom that is accessible only to a single individual at the same time. "Single-
16 occupancy facility" may include a family facility .
17 2. (1) A school shall designate with clear signage each multi-occupancy facility
18 that is accessible by multiple students at the same time, whether located in a school
19 building or in a facility used by the school for a school-sponsore d activity , for the
20 exclusive use of students of the male biological sex only or for the exclusive use of
21 students of the female biological sex only .
22 (2) A school shall not permit a member of the female biological sex to use a
23 multi-occupancy facility that has been designated by the school for the exclusive use of
24 students of the male biological sex only .
25 (3) A school shall not permit a member of the male biological sex to use a multi-
26 occupancy facility that has been designated by the school for the exclusive use of
27 students of the female biological sex only .
28 (4) A school shall not construct, establish, or maintain a multi-occupancy facility
29 that is designated for the use of students of a gender or genders instead of, or in addition
30 to, being designated for the exclusive use of students of the male biological sex only or
31 for the exclusive use of students of the female biological sex only . This subdivision shall
32 not be construed to pro hibit a school fr om constructing, establishing, or maintaining a
33 family facility .
34 (5) A school may designate a single-occupancy facility as accessible to a person of
35 either biological sex.
36 3. (1) A school shall not permit a member of the female biological sex to share
37 overnight accommodations with a member of the male biological sex in any setting
38 wher e students are requi red to stay overnight, including, but not limited to, any school
39 trip.
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40 (2) A school shall not permit a member of the male biological sex to share
41 overnight accommodations with a member of the female biological sex in any setting
42 wher e students are requi red to stay overnight, including, but not limited to, any school
43 trip.
44 4. This section shall not be construed to pr ohibit a school fro m adopting and
45 enfor cing a policy on the use of a multi-occupancy facility in accordance with the
46 pr ovisions of this section. Any such policy shall pr ovide an option for alternative
47 accommodations, including, but not limited to, the use of single-occupancy facilities or
48 faculty facilities, upon the requ est of a student due to special cir cumstances.
49 5. Subsections 2 and 3 of this section shall not apply to any of the following:
50 (1) A child under ten years of age who is being assisted by a par ent, legal
51 guardian, or family member , as well as the par ent, legal guardian, or family member
52 who is assisting such child;
53 (2) A person with a disability who is being assisted by another person, as well as
54 the person assisting such person with a disability;
55 (3) An employee of a school whose job duties r equir e the employee to enter a
56 multi-occupancy facility that is designated for a biological sex that differs fro m such
57 employee's biological sex; or
58 (4) A person who enters a multi-occupancy facility that is designated for a
59 biological sex that differs fr om the person's biological sex because the person reas onably
60 believes he or she is res ponding to a legitimate emergency .
61 6. Failur e to comply with the pro visions of this section shall res ult in revo cation
62 or withholding of state funding for the school.
173.1422. 1. As used in this section, the following terms mean:
2 (1) "Biological sex", as such term is defined in section 191.1720;
3 (2) "Family facility", a family r estroom or shower r oom that does not have mor e
4 than one toilet or shower;
5 (3) "Gender", as such term is defined in section 191.1720;
6 (4) "Institution of higher education", any public institution of postsecondary
7 education or pr oprietary school in this state that is subject to the coordinating board for
8 higher education pursuant to section 173.005;
9 (5) "Multi-occupancy facility", a res tr oom, locker r oom, changing ro om, or
10 shower room that is accessible to multiple individuals at the same time. "Multi-
11 occupancy facility" shall not include a family facility;
12 (6) "Single-occupancy facility", a restr oom, locker r oom, changing r oom, or
13 shower r oom that is accessible only to a single individual at the same time. "Single-
14 occupancy facility" may include a family facility .
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15 2. (1) An institution of higher education shall designate with clear signage each
16 multi-occupancy facility accessible by multiple students at the same time, whether
17 located in a building of the institution or in a facility used by the institution for an
18 institution-sponsor ed activity , for the exclusive use of students of the male biological sex
19 only or for the exclusive use of students of the female biological sex only .
20 (2) An institution of higher education shall not permit a member of the female
21 biological sex to use a multi-occupancy facility that has been designated by the
22 institution of higher education for the exclusive use of students of the male biological sex
23 only .
24 (3) An institution of higher education shall not permit a member of the male
25 biological sex to use a multi-occupancy facility that has been designated by the
26 institution of higher education for the exclusive use of students of the female biological
27 sex only .
28 (4) An institution of higher education shall not construct, establish, or maintain
29 a multi-occupancy facility that is designated for the use of students of a gender or
30 genders instead of, or in addition to, being designated for the exclusive use of students of
31 the male biological sex only or for the exclusive use of students of the female biological
32 sex only . This subdivision shall not be construed to pr ohibit an institution of higher
33 education fr om constructing, establishing, or maintaining a family facility .
34 (5) An institution of higher education may designate a single-occupancy facility
35 as accessible to a person of either biological sex.
36 3. This section shall not be construed to pro hibit an institution of higher
37 education fr om adopting and enforcin g a policy on the use of a multi-occupancy facility
38 in accordance with the prov isions of this section. Any such policy shall provi de an
39 option for alternative accommodations, including, but not limited to, the use of single-
40 occupancy facilities or faculty facilities, upon the r equest of a student due to special
41 cir cumstances.
42 4. Subsection 2 of this section shall not apply to any of the following:
43 (1) A child under ten years of age who is being assisted by a par ent, legal
44 guardian, or family member , as well as the par ent, legal guardian, or family member
45 who is assisting such child;
46 (2) A person with a disability who is being assisted by another person, as well as
47 the person who is assisting such person with a disability;
48 (3) An employee of an institution of higher education whose job duties requi re
49 the employee to enter a multi-occupancy facility that is designated for a biological sex
50 that differs fr om such employee's biological sex; or
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51 (4) A person who enters a multi-occupancy facility that is designated for a
52 biological sex that differs fr om the person's biological sex because the person reas onably
53 believes he or she is res ponding to a legitimate emergency .
54 5. Failur e to comply with the pro visions of this section shall res ult in revo cation
55 or withholding of state funding for the institution of higher education.
✔
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