HOUSE BILL NO. 2075 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PHELPS.
4434H.01I JOSEPH ENGLER, Chief Clerk
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, 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 restroom or shower room that does not have more 4 than one toilet or shower; 5 (3) "Gender", as such term is defined in section 191.1720; 6 (4) "Multi-occupancy facility", a restroom, locker room, changing room, 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 thereof, and any building operated by an entity that 11 receives state funds; 12 (6) "Single-occupancy facility", a restroom, locker room, changing room, or 13 shower room 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
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. HB 2075 2
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 prohibit an entity operating a public 30 building from 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 prohibit an entity operating a public 34 building from adopting and enforcing a policy on the use of a multi-occupancy facility in 35 accordance with the provisions of this section. Any such policy shall provide an option 36 for alternative accommodations, including, but not limited to, the use of single- 37 occupancy facilities, upon the request of a person due to special circumstances. 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 parent, legal 40 guardian, or family member, as well as the parent, 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 require 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 from the person's biological sex because the person reasonably 49 believes he or she is responding to a legitimate emergency. 50 5. Failure to comply with the provisions of this section shall result in revocation 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; HB 2075 3
3 (2) "Family facility", a family restroom or shower room that does not have more 4 than one toilet or shower; 5 (3) "Gender", as such term is defined in section 191.1720; 6 (4) "Multi-occupancy facility", a restroom, locker room, changing room, 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 provisions of sections 160.400 11 to 160.425; 12 (b) Any public school, as such term is defined in section 160.011; and 13 (c) Any school district, as such term is defined in section 160.011; 14 (6) "Single-occupancy facility", a restroom, locker room, changing room, or 15 shower room 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-sponsored 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 prohibit a school from 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 where students are required to stay overnight, including, but not limited to, any school 39 trip. HB 2075 4
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 where students are required to stay overnight, including, but not limited to, any school 43 trip. 44 4. This section shall not be construed to prohibit a school from adopting and 45 enforcing a policy on the use of a multi-occupancy facility in accordance with the 46 provisions of this section. Any such policy shall provide an option for alternative 47 accommodations, including, but not limited to, the use of single-occupancy facilities or 48 faculty facilities, upon the request of a student due to special circumstances. 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 parent, legal 51 guardian, or family member, as well as the parent, 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 require the employee to enter a 56 multi-occupancy facility that is designated for a biological sex that differs from 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 from the person's biological sex because the person reasonably 60 believes he or she is responding to a legitimate emergency. 61 6. Failure to comply with the provisions of this section shall result in revocation 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 restroom or shower room that does not have more 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 proprietary 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 restroom, locker room, changing room, 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 restroom, locker room, changing room, or 13 shower room that is accessible only to a single individual at the same time. "Single- 14 occupancy facility" may include a family facility. HB 2075 5
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-sponsored 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 prohibit an institution of higher 33 education from 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 prohibit an institution of higher 37 education from adopting and enforcing a policy on the use of a multi-occupancy facility 38 in accordance with the provisions of this section. Any such policy shall provide an 39 option for alternative accommodations, including, but not limited to, the use of single- 40 occupancy facilities or faculty facilities, upon the request of a student due to special 41 circumstances. 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 parent, legal 44 guardian, or family member, as well as the parent, 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 require 49 the employee to enter a multi-occupancy facility that is designated for a biological sex 50 that differs from such employee's biological sex; or HB 2075 6
51 (4) A person who enters a multi-occupancy facility that is designated for a 52 biological sex that differs from the person's biological sex because the person reasonably 53 believes he or she is responding to a legitimate emergency. 54 5. Failure to comply with the provisions of this section shall result in revocation 55 or withholding of state funding for the institution of higher education. ✔
Statutes affected: