House Study Bill 649 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to the term sex and related terms for purposes 1 of statutory construction, including an indication of 2 a person’s sex on certain vital records and on certain 3 applications and identification cards. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5180XL (17) 90 pf/ko
S.F. _____ H.F. _____ Section 1. NEW SECTION . 4.1A Statutory construction —— sex 1 and related terms. 2 1. In the construction of statutes, the following rules 3 shall be observed with regard to a person’s biological sex: 4 a. “Sex” means a person’s biological sex, either male or 5 female, at birth, unless otherwise provided by law. 6 b. A “female” is a person whose biological reproductive 7 system is developed to produce ova and a “male” is a person 8 whose biological reproductive system is developed to fertilize 9 the ova of a female. 10 c. The term “woman” or “girl” refers to a female and the 11 term “man” or “boy” refers to a male. 12 d. The term “mother” means a parent who is female and the 13 term “father” means a parent who is male. 14 e. The term “equal” does not mean “same” or “identical” . 15 f. Separate accommodations are not inherently unequal. 16 g. A person born with a medically verifiable diagnosis of 17 disorder or difference of sex development shall be provided the 18 legal protections and accommodations afforded under the federal 19 Americans with Disabilities Act of 1990 and applicable state 20 law. 21 2. Any state law, policy, or program that prohibits 22 discrimination on the basis of sex shall be construed to forbid 23 unfair treatment of females or males in relation to similarly 24 situated members of the opposite sex. 25 3. Notwithstanding any provision of state law to the 26 contrary, distinctions based on sex, including but not limited 27 to in prisons or other detention facilities, domestic violence 28 shelters, rape crisis centers, locker rooms, restrooms, and in 29 other contexts where health, safety, or privacy are implicated 30 resulting in separate accommodations, are substantially related 31 to the important government objectives of protecting the 32 health, safety, and privacy of the persons in these contexts. 33 4. Any state department or subunit of a department, or any 34 political subdivision of the state including a city, county, 35 -1- LSB 5180XL (17) 90 pf/ko 1/ 7
S.F. _____ H.F. _____ township, or school district that collects vital statistics for 1 the purpose of complying with state antidiscrimination laws, 2 or for the purpose of gathering accurate state public health, 3 crime, economic, or other data, shall identify the sex of each 4 person included in the collected data as either male or female. 5 5. For the purposes of this section, “state law” includes 6 any state statute or rule. 7 Sec. 2. Section 144.13, Code 2024, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 5. A certificate of birth filed under this 10 section shall include a designation of the sex of the person as 11 defined in section 4.1A. 12 Sec. 3. Section 144.23, Code 2024, is amended to read as 13 follows: 14 144.23 State registrar to issue establish new certificate of 15 birth . 16 1. The state registrar shall establish a new certificate of 17 birth for a person born in this state, when the state registrar 18 receives the following: 19 1. a. An adoption report as provided in section 144.19 , or 20 a certified copy of the decree of adoption together with the 21 information necessary to identify the original certificate of 22 birth and to establish a new certificate of birth. 23 2. b. A request that a new certificate be established and 24 evidence proving that the person for whom the new certificate 25 is requested has been legitimated, or that a court of competent 26 jurisdiction has determined the paternity of the person. 27 3. c. A notarized affidavit by a licensed physician and 28 surgeon or osteopathic physician and surgeon stating that by 29 reason of surgery or other treatment by the licensee, the 30 sex designation of the person has been changed. The state 31 registrar may make a further investigation or require further 32 information necessary to determine whether a sex change has 33 occurred. 34 2. a. Pursuant to section 4.1A, a new certificate of birth 35 -2- LSB 5180XL (17) 90 pf/ko 2/ 7
S.F. _____ H.F. _____ established under subsection 1, paragraph “a” or “b” , shall 1 include a designation of the sex of the person, as male or 2 female, at birth. 3 b. Pursuant to section 4.1A, a new certificate of birth 4 established under subsection 1, paragraph “c” , following a 5 change in sex designation, shall include a designation of the 6 sex of the person, as male or female, both at the time of birth 7 and at the time the new certificate of birth is established. 8 Sec. 4. Section 144.24, subsections 1 and 2, Code 2024, are 9 amended to read as follows: 10 1. If a new certificate of birth is established, the actual 11 place and date of birth shall be shown on the certificate and 12 the certificate shall include a designation of the person’s 13 sex pursuant to section 144.23 . The certificate shall be 14 substituted for the original certificate of birth. 15 2. Following substitution of the original certificate of 16 birth with a new certificate of birth, the original certificate 17 and the evidence of adoption, paternity, or legitimation , or 18 sex change shall not be subject to inspection except under 19 order of a court of competent jurisdiction, including but 20 not limited to an order issued pursuant to section 600.16A , 21 as provided in section 144.23A or 144.24A , or as provided by 22 administrative rule for statistical or administrative purposes 23 only. 24 Sec. 5. Section 321.182, subsection 1, paragraph a, Code 25 2024, is amended to read as follows: 26 a. Make application on a form provided by the department 27 which shall include the applicant’s full name, signature, 28 current mailing address, current residential address, date 29 of birth, social security number, and physical description 30 including sex, height, and eye color. The application may 31 contain other information the department may require by rule. 32 Pursuant to procedures established by the department and for 33 an applicant who is a foreign national temporarily present in 34 this state, the department may waive the requirement that the 35 -3- LSB 5180XL (17) 90 pf/ko 3/ 7
S.F. _____ H.F. _____ application include the applicant’s social security number. 1 For the purposes of this paragraph, “sex” means the same as 2 defined in section 4.1A. If the applicant evidences through 3 a notarized affidavit by a licensed physician and surgeon or 4 osteopathic physician and surgeon that by reason of surgery or 5 other treatment the applicant’s sex designation has changed, 6 the application shall reflect the sex designation of the person 7 both at the time of birth and at the time the application is 8 made. 9 Sec. 6. Section 321.189, subsection 2, paragraph a, Code 10 2024, is amended to read as follows: 11 a. Appearing on the driver’s license shall be a 12 distinguishing number assigned to the licensee; the licensee’s 13 full name, date of birth, sex, and residence address; a color 14 photograph; a physical description of the licensee; the name of 15 the state; the dates of issuance and expiration; and the usual 16 signature of the licensee. The license shall identify the 17 class of vehicle the licensee may operate and the applicable 18 endorsements and restrictions which the department shall 19 require by rule. For the purposes of this paragraph, “sex” 20 means the same as defined in section 4.1A. If the applicant 21 evidences through a notarized affidavit by a licensed physician 22 and surgeon or osteopathic physician that by reason of surgery 23 or other treatment the applicant’s sex designation has changed, 24 the license shall reflect the sex designation of the person 25 both at the time of birth and at the time the application is 26 made under section 321.182. 27 Sec. 7. Section 321.190, subsection 1, paragraph a, Code 28 2024, is amended to read as follows: 29 a. (1) The department shall, upon application and payment 30 of the required fee, issue to an applicant a nonoperator’s 31 identification card. To be valid the card shall bear a 32 distinguishing number other than a social security number 33 assigned to the cardholder, the full name, date of birth, 34 sex, residence address, a physical description and a color 35 -4- LSB 5180XL (17) 90 pf/ko 4/ 7
S.F. _____ H.F. _____ photograph of the cardholder, the usual signature of the 1 cardholder, and such other information as the department 2 may require by rule. An applicant for a nonoperator’s 3 identification card shall apply for the card in the manner 4 provided in section 321.182, subsections 1 through 3 . For 5 the purposes of this paragraph, “sex” means the same as 6 defined in section 4.1A. If the applicant evidences through 7 a notarized affidavit by a licensed physician and surgeon or 8 osteopathic physician and surgeon that by reason of surgery or 9 other treatment the applicant’s sex designation has changed, 10 the nonoperator’s identification card shall reflect the sex 11 designation of the person both at the time of birth and at the 12 time the application is made. 13 (2) The card shall be issued to the applicant at the time of 14 application pursuant to procedures established by rule. 15 (3) An applicant for a nonoperator’s identification card 16 who is required by 50 U.S.C. app. §451 et seq. to register with 17 the United States selective service system shall be registered 18 by the department with the selective service system as provided 19 in section 321.183 . 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the term sex and related terms for 24 purposes of statutory construction. 25 The bill creates a new Code section 4.1A (statutory 26 construction —— sex and related terms). The bill provides 27 that certain rules of statutory construction shall be observed 28 with regard to a person’s sex. These rules with regard to a 29 person’s sex include: 30 1. “Sex” means a person’s biological sex, either male or 31 female, at birth, unless otherwise provided by law. 32 2. A “female” is a person whose biological reproductive 33 system is developed to produce ova and a “male” is a person 34 whose biological reproductive system is developed to fertilize 35 -5- LSB 5180XL (17) 90 pf/ko 5/ 7
S.F. _____ H.F. _____ the ova of a female. 1 3. The term “woman” or “girl” refers to a female and the 2 term “man” or “boy” refers to a male. 3 4. The term “mother” means a parent who is female and the 4 term “father” means a parent who is male. 5 5. The term “equal” does not mean “same” or “identical”. 6 6. Separate accommodations are not inherently unequal. 7 7. A person born with a medically verifiable diagnosis of 8 disorder or difference of sex development shall be provided the 9 legal protections and accommodations afforded under the federal 10 Americans with Disabilities Act of 1990 and applicable state 11 law. 12 Additionally, under the bill, any state law, policy, or 13 program that prohibits discrimination on the basis of sex shall 14 be construed to forbid unfair treatment of females or males in 15 relation to similarly situated members of the opposite sex. 16 Notwithstanding any provision of state law to the contrary, 17 distinctions based on sex in various contexts where health, 18 safety, or privacy are implicated resulting in separate 19 accommodations, are substantially related to the important 20 government objectives of protecting the health, safety, and 21 privacy of the persons in these contexts. In addition, any 22 state department or subunit of a department, or any political 23 subdivision of the state including a city, county, township, 24 or school district that collects vital statistics for the 25 purpose of complying with state antidiscrimination laws or for 26 the purpose of gathering accurate state public health, crime, 27 economic, or other data, shall identify the sex of each person 28 included in the collected data as either male or female. 29 The bill defines “state law” for the purposes of new Code 30 section 4.1A. 31 The bill also amends provisions under Code chapter 144 32 (vital statistics). The bill requires that an original 33 certificate of birth shall include a designation of the sex of 34 the person as defined in new Code section 4.1A. With regard 35 -6- LSB 5180XL (17) 90 pf/ko 6/ 7
S.F. _____ H.F. _____ to a new certificate of birth, if a new certificate of birth 1 is established after the state registrar receives an adoption 2 report or a certified copy of an adoption decree or following 3 a determination of paternity, the new certificate of birth 4 shall include a designation of sex of the person at birth; 5 and if a new certificate of birth is established after the 6 state registrar receives a notarized affidavit by a licensed 7 physician and surgeon or osteopathic physician and surgeon 8 stating that by reason of surgery or other treatment by the 9 licensee, the sex designation of the person has been changed, 10 the new certificate of birth shall include a designation of the 11 sex of the person both at the time of birth and at the time of 12 establishment of the new certificate of birth. 13 The bill amends provisions in Code chapter 321 (motor 14 vehicles and law of the road) to define “sex” the same as in 15 new Code section 4.1A for the purposes of including the sex of 16 the person in an application for a license or a nonoperator’s 17 identification card, and on a person’s driver’s license or 18 nonoperator’s identification card. 19 If an applicant for a driver’s license or a nonoperator’s 20 identification card evidences through a notarized affidavit 21 by a licensed physician and surgeon or osteopathic physician 22 and surgeon that by reason of surgery or other treatment the 23 applicant’s sex designation has changed, the applications and 24 the driver’s license and nonoperator’s identification card 25 shall reflect the sex designation of the person both at the 26 time of birth and at the time the application is made. 27 -7- LSB 5180XL (17) 90 pf/ko 7/ 7