HB 111 — Sex-based terms, defined; vital statistics, report sex as male or female at birth required, legislative policy regarding sex and gender identity established

HB111 INTRODUCEDENGROSSED HB111 XUXTEZ7-17L7PE2E-2 By Representative DuBose RFD:

06-Feb-24 Page 0 XUXTEZ7-1HB111 02/06/2024Engrossed PMG2 (L)tgw4 2023-3101A 2BILL 4TO SYNOPSIS:BE ENTITLED AN ACT 8 Relating to sex-based terminology;

This bill would define man, woman, boy, girl, father, mother, male, female, and sex for purposes of state law.

This would provide policy on the differences between sexes.

This bill would provide that state and local public entities may establish separate single-sex spaces or environments in certain circumstances.

This bill would also require the state or political subdivisions that collect vital statistics related to sex as male or female for certain purposes to identify each individual as either male or female at birth.

A BILL TO BE ENTITLED AN ACT Relating to sex-based terminology;

to provide policy relating to sex;sex and gender identity;

and to require public entities that collect Page 1 HB111 INTRODUCED vital statistics related to sex as male or female to identify each individual as male or female as observed at birth.

(1) Men and women are legally equal but are not Page 1 HB111 Engrossed physically the same.

IndividualsSex withdoes differencesnot ininclude sex"gender development,identity" alsoor knownany asother "DSDs"terms orintended "intersexto conditions,"convey arean notindividual's asubjective thirdsense sex.of self.

Individuals"Gender withidentity" aand congenitalother subjective terms are not synonyms or medicallysubstitutes verifiablefor DSD"sex." PageIndividuals 2with HB111differences INTRODUCEDin diagnosissex mustdevelopment, bealso accommodatedknown consistentas with"DSDs" stateor and"intersex federalconditions," law.are not a third sex.

Individuals with a congenital or medically verifiable DSD diagnosis must be accommodated consistent with state and federal law.

"§1-1-1 (a) The following words, whenever they appear in this Code, shall have the signification attached to them in this sectioncode, have the following meanings unless otherwise apparent from the context or otherwise explicitly defined:

A human male who has not yet reached Page 2 HB111 Engrossed adulthood.

The word "person" includes a corporation as well as a natural personIncludes an individual, Page 3 HB111 INTRODUCED corporation, partnership, company, or other business entity.

The words "signature" or "subscription" includeIncludes a mark when the person an individual cannot write, if his or her name is 95 written near the mark, and witnessed by a person an individual who writes his or her own name as a witness, and include with Page 3 HB111 Engrossed respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing.

95 (8)(11) PERSONAL PROPERTY.

Page 4 HB111 INTRODUCED (12)(16) STATE.

The word "month" means a A calendar Page 4 HB111 Engrossed month.

but, except whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean the term shall mean a fiscal year."year. Section 4.

(b) Notwithstanding subsection (a), the definitions for "boy," "father," "female," "girl," "male," "man," "mother," sex, and "woman" shall only apply to state law.

(c) Notwithstanding subsection (a), the definitions for "boy," "father," "female," "girl," "male," "man," "mother," sex, and "woman" shall be construed consistent with the Supremacy Clause and the Equal Protection Clause of the United State Constitution." Section 4.

(a) Any school district or public school, and any state agency, department, bureau, or commission, or Page 5 HB111 INTRODUCED political subdivision that collects vital statistics related to sex as male or female for the purpose of complying with anti-discrimination laws or for the purpose of gathering accurate public health, crime, economic, or other data shall Page 5 HB111 Engrossed identify each individual who is part of the collected data set as either male or female.

This subsection shall not be construed to prohibit the entry of "unknown" as the sex on a child's certificate of birth, fetal death, or death when sex cannot be medically determined for developmental or other reasons at the time the facts of birth, fetal death, or death are reported to the Office of Vital Statistics.

The intent of this act is not to deny identification on state-issued documentation consistent with an individual's gender identity.

Section 7.

Section 7.8.

Page 6 HB111 Engrossed House of Representatives Read for the first time and referred ................06-Feb-24 to the House of Representatives committee on Judiciary Read for the second time and placed ................28-Feb-24 on the calendar:

2 amendments Read for the third time and passed ................11-Apr-24 as amended Yeas 77, Nays 24, Abstains 2 John Treadwell Clerk Page 7