Text of AL HB 405 (2023)

HB405 INTRODUCED Page 0 1FAVLL-1 By Representatives DuBose, Mooney, Robertson, Hammett, Stadthagen, Butler, Harrison, Hulsey, Yarbrough, Sellers, Shaw, Shaver, Ingram, Baker, Lamb, Gidley, Givens, Fidler, Standridge, Sells, Oliver, Hurst, Woods RFD: Health First Read: 27-Apr-23 2023 Regular Session 1 2 3 4 5 6 7 8 9 1FAVLL-1 04/27/2023 PMG (L)tgw 2023-213 Page 1 SYNOPSIS: This bill would create the What is a Woman Act and provide legislative findings relating to the distinctions between men and women. This bill would define man, woman, boy, girl, father, mother, male, female, and sex for purposes of use of the terms in the Code of Alabama 1975. This bill would require the state or political subdivisions that collect vital statistics for certain purposes to identify each individual as either male or female at birth. This bill would also delete obsolete or unnecessary definitions and make nonsubstantive, technical revisions to update the existing code language to current style. A BILL TO BE ENTITLED AN ACT Relating to definitions used in state law; to provide legislative findings; to amend Section 1-1-1, Code of Alabama 1975, to define terms and delete obsolete or unnecessary definitions; to require vital statistics records to identify 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB405 INTRODUCED HB405 INTRODUCED Page 2 each individual as male or female at birth; and to make nonsubstantive, technical revisions to update the existing code language to current style. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. This act shall be known as the What Is A Woman Act. Section 2. (a) The Legislature finds and declares all of the following: (1) For purposes of state law, an individual's "sex" is defined as his or her biological sex, either male or female, at birth. (2) For purposes of state law, a "female" is an individual whose biological reproductive system is designed to produce ova, and a "male" is an individual whose biological reproductive system is designed to fertilize the ova of a female. (3) For purposes of state law, "woman" and "girl" refer to human females, and the terms "man" and "boy" refer to human males. (4) For purposes of state law, "mother" is defined as a parent that is of the female sex, and the term "father" is defined as a parent that is of the male sex. (5) When it comes to sex, "equal" does not mean "same" or "identical." (6) When it comes to sex, "separate" is not inherently unequal. (7) An individual born with a medically verifiable diagnosis of "disorder or difference in sex development" shall 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB405 INTRODUCED HB405 INTRODUCED Page 3 be provided legal protections and accomodations afforded under the federal Americans with Disabilities Act. (8) Notwithstanding any state law to the contrary, there are legitimate reasons to distinguish between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, bathrooms, and other areas where biology, safety, or privacy are implicated. (9) Polices and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny, which forbids unfair discrimination against similarly-situated males and females but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives. Section 3. Any school district or public school, and any state agency, department, bureau, or commission, or political subdivision that collects vital statistics for the purpose of complying with anti-discrimination laws or for the purpose of gathering accurate public health, crime, economic, or other data shall identify each individual who is part of the collected data set as either male or female at birth. Section 4. Nothing in Sections 2 or 3 shall be construed to prohibit the state or any political subdivision of the state from complying with federal laws or regulations or other requirements governing federal grants or funding. Section 5. Section 1-1-1, Code of Alabama 1975, is amended to read as follows: "§1-1-1 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB405 INTRODUCED HB405 INTRODUCED Page 4 The following words, whenever they appear in this Codecode, shall have the signification attached to them in this sectionhave the following meanings unless otherwise apparent from the context: (1) BOY. A male who is under 19 years of age. (2) FATHER. The male parent of a child or children. (3) FEMALE. An individual whose biological reproductive system is designed to produce ova. (4) GIRL. A female who is under 19 years of age. (6) MALE. An individual whose biological reproductive system is designed to fertilize the ova of a female. (7) MAN. An adult individual who is a male. (9) MOTHER. The female parent of a child or children. (10) PERSON. The word "person" includes a corporation as well as a natural personIncludes an individual, corporation, partnership, company, or other business entity. (2) WRITING. The word "writing" includes typewriting and printing on paper. (3) OATH. The word "oath" includes affirmation. (14) SEX. An individual's biological sex at birth. (4)(15) SIGNATURE or SUBSCRIPTION. The words "signature" or "subscription" include Includes a mark when the person an individual cannot write, if his or her name is written near the mark, and witnessed by a person an individual who writes his or her own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB405 INTRODUCED HB405 INTRODUCED Page 5 (5) LUNATIC, INSANE or NON COMPOS MENTIS. The words "lunatic" or "insane" or the term "non compos mentis" include all persons of unsound mind. (6)(12) PROPERTY. The word "property" includes Includes both real and personal property. (7)(13) REAL PROPERTY. The term "real property" includesIncludes lands, tenements, and hereditaments. (8)(11) PERSONAL PROPERTY. The term "personal property" includes Includes money, goods, chattels, things in action, and evidence of debt, deeds, and conveyances. (9) CIRCUIT. The word "circuit" means judicial circuit. (10) PRECEDING. The word "preceding" means next before. (11) FOLLOWING. The word "following" means next after. (12)(16) STATE. The word "state," when When applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. (13)(17) UNITED STATES. The term "United States" includesIncludes the territories thereof and the District of Columbia. (14)(5) JURY or JURIES. The words "jury" or "juries" include Includes courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. (15)(8) MONTH. The word "month" means a A calendar month. (18) WOMAN. An adult individual who is female. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB405 INTRODUCED HB405 INTRODUCED Page 6 (16)(19) YEAR. The word "year" means a A calendar year,; 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 the fiscal year." Section 6. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. 141 142 143 144 145 146 147 148