HSB 649

This bill relates to the term sex and related terms for purposes of statutory construction.1A (statutory construction —— sex and related terms). The bill provides that certain rules of statutory construction shall be observed with regard to a person’s sex. These rules with regard to a person’s sex include: 1. 2. 3. 4. 5. 6. 7. A person born with a medically verifiable diagnosis of disorder or difference of sex development shall be provided the legal protections and accommodations afforded under the federal Americans with Disabilities Act of 1990 and applicable state law. Additionally, under the bill, any state law, policy, or program that prohibits discrimination on the basis of sex shall be construed to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex. Notwithstanding any provision of state law to the contrary, distinctions based on sex in various contexts where health, safety, or privacy are implicated resulting in separate accommodations, are substantially related to the important government objectives of protecting the health, safety, and privacy of the persons in these contexts. In addition, any state department or subunit of a department, or any political subdivision of the state including a city, county, township, or school district that collects vital statistics for the purpose of complying with state antidiscrimination laws or for the purpose of gathering accurate state public health, crime, economic, or other data, shall identify the sex of each person included in the collected data as either male or female.1A. The bill also amends provisions under Code chapter 144 (vital statistics).1A. _____ to a new certificate of birth, if a new certificate of birth is established after the state registrar receives an adoption report or a certified copy of an adoption decree or following a determination of paternity, the new certificate of birth shall include a designation of sex of the person at birth; and if a new certificate of birth is established after the state registrar receives a notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed, the new certificate of birth shall include a designation of the sex of the person both at the time of birth and at the time of establishment of the new certificate of birth.1A for the purposes of including the sex of the person in an application for a license or a nonoperator’s identification card, and on a person’s driver’s license or nonoperator’s identification card. If an applicant for a driver’s license or a nonoperator’s identification card evidences through a notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon that by reason of surgery or other treatment the applicant’s sex designation has changed, the applications and the driver’s license and nonoperator’s identification card shall reflect the sex designation of the person both at the time of birth and at the time the application is made.