Text of GA HB 1128 (2024)

24 LC 57 0068 House Bill 1128 By: Representatives Lott of the 131st, Hagan of the 156th, New of the 64th, Houston of the 170th, Ballard of the 147th, and others A BILL TO BE ENTITLED AN ACT To amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions, 1 so as to enact the "Georgia Women's Bill of Rights"; to provide for legislative findings; to 2 provide for definitions; to provide a specification for the gathering of vital statistics; to 3 amend Titles 15, 17, 20, 40, 44, 49, and 50 of the Official Code of Georgia Annotated, 4 relating to courts, criminal procedure, education, motor vehicles and traffic, property, social 5 services, and state government, respectively, so as to provide for conforming changes; to 6 provide for severability; to provide for related matters; to repeal conflicting laws; and for 7 other purposes. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 9 SECTION 1. 10 Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended 11 by adding a new Code section to read as follows: 12 "1-2-7.1. 13 (a) This Code section shall be known and may be cited as the 'Georgia Women's Bill of 14 Rights.' 15 H. B. 1128 - 1 - 24 LC 57 0068 (b) The General Assembly finds the following with respect to the application of an 16 individual's sex pursuant to any state law or rules and regulations: 17 (1) The term 'sex' means the biological state of being male or female, in the context of 18 reproductive potential or capacity, based on the individual's sex organs, chromosomes, 19 naturally occurring sex hormones, gonads, and unambiguous internal and external 20 genitalia present at birth, including secondary sex characteristics; 21 (2) An individual's sex can be observed or clinically verified at or before birth and in no 22 case is an individual's sex determined by stipulation or self-identification; 23 (3) The term 'female' means an individual who has, had, will have, or would have, but 24 for a developmental or genetic anomaly or historical accident, the reproductive system 25 that at some point produces, transports, and utilizes eggs for fertilization; 26 (4) The term 'male' means an individual who has, had, will have, or would have, but for 27 a developmental or genetic anomaly or historical accident, the reproductive system that 28 at some point produces, transports, and utilizes sperm for fertilization; 29 (5) The term 'woman' means an adult human female; 30 (6) The term 'girl' means a minor human female; 31 (7) The term 'man' means an adult human male; 32 (8) The term 'boy' means a minor human male; 33 (9) The term 'mother' means a parent of the female sex; 34 (10) The term 'father' means a parent of the male sex; 35 (11) With respect to sex, the term 'equal' does not mean same or identical; 36 (12) With respect to sex, separate accommodations are not inherently unequal; 37 (13) An individual born with a medically verifiable diagnosis of disorder or differences 38 in sex development shall be provided any available legal protections and 39 accommodations afforded under the federal Americans with Disabilities Act of 1990 and 40 any applicable state law; 41 H. B. 1128 - 2 - 24 LC 57 0068 (14) Laws, rules, and regulations that distinguish between the sexes are subject to 42 intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair 43 discrimination against similarly situated male and female individuals but allows the law 44 to distinguish between the sexes where such distinctions are substantially related to 45 important governmental objections; and 46 (15) Notwithstanding any provision of state law to the contrary, distinctions between the 47 sexes with respect to athletics, living facilities, locker rooms, domestic violence shelters, 48 rape crisis centers, restrooms, and other areas where biology, safety, or privacy are 49 implicated that result in separate accommodations are substantially related to the 50 important governmental objections of protecting the health, safety, and privacy of 51 individuals in such circumstances. 52 (c) Any local school system, or public school thereof, and any state agency, department, 53 or political subdivision that collects vital statistics for the purpose of complying with 54 antidiscrimination laws or for the purpose of gathering accurate public health, crime, 55 economic, or other data shall identify each individual who is part of the collected data set 56 as either male or female at birth." 57 SECTION 2. 58 Said title is further amended by revising paragraphs (4) through (6) of subsection (d) of Code 59 Section 1-3-1, relating to construction of statutes generally, as follows: 60 "(4) Gender. The masculine gender includes the feminine and the neuter. 61 (5)(4) Joint authority. A joint authority given to any number of persons or officers may 62 be executed by a majority of them, unless it is otherwise declared. 63 (6)(5) Number. The singular or plural number each includes the other, unless the other 64 is expressly excluded. 65 (6) Sex. The masculine sex includes the feminine and the neuter." 66 H. B. 1128 - 3 - 24 LC 57 0068 SECTION 3. 67 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising 68 subsection (b) of Code Section 15-9-90, relating to forms for probate court and location 69 alternation, as follows: 70 "(b) The rules adopted pursuant to subsection (a) of this Code section shall provide that the 71 forms so adopted may be altered locally in a particular petition or proceeding in such items 72 as grammar, gender usage sexual terminology, the use of singular and plural nouns and 73 pronouns, the omission of optional or alternate language, the inclusion of variable 74 information such as names and addresses, and other nonmaterial ways." 75 SECTION 4. 76 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is 77 amended by revising subsection (a) of Code Section 17-4-20.2, relating to Bias Crime 78 Report, requirements, use of reports, and publication, as follows: 79 "(a) Whenever a law enforcement officer investigates an incident of a crime in which it 80 appears that the defendant intentionally selected any victim or group of victims or any 81 property as the object of the offense because of such victim's or group of victims' actual or 82 perceived race, color, religion, national origin, sex, sexual orientation, gender, mental 83 disability, or physical disability, whether or not an arrest is made, the officer shall prepare 84 and submit to the law enforcement officer's supervisor or other designated person a written 85 report of the incident entitled 'Bias Crime Report.' Forms for such reports shall be designed 86 and provided by the Georgia Bureau of Investigation. The report shall include: 87 (1) Names of the parties; 88 (2) Relationship of the parties; 89 (3) Sex and gender of the parties; 90 (4) Race of the parties; 91 (5) Religion of the parties; 92 H. B. 1128 - 4 - 24 LC 57 0068 (6) Dates of birth of the parties; 93 (7) Time, place, and date of the incident; 94 (8) Whether there is evidence to indicate that the incident occurred because of a person's 95 actual or perceived attributes as specified by subsection (a) of this Code section; 96 (9) Type and extent of the alleged violation; 97 (10) Existence of any objects or symbols associated with the terrorizing of persons based 98 upon actual or perceived race, religion, or sex; 99 (11) Number and types of weapons involved, if any; 100 (12) Existence of any prior difficulties between the parties; 101 (13) Type of police action taken in disposition of case; 102 (14) Whether the victim was apprised of available remedies and services; and 103 (15) Any other information the officer deems pertinent." 104 SECTION 5. 105 Said title is further amended by revising subsection (b) of Code Section 17-10-17, relating 106 to sentencing of defendants guilty of crimes involving bias or prejudice and identification of 107 increased sentenced, as follows: 108 "(b) Subject to the notice requirement provided in Code Section 17-10-18 and in 109 enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable 110 doubt that the defendant intentionally selected any victim or group of victims or any 111 property as the object of the offense because of such victim's or group of victims' actual or 112 perceived race, color, religion, national origin, sex, sexual orientation, gender, mental 113 disability, or physical disability, the judge imposing sentence shall: 114 (1) If the offense for which the defendant was convicted is a designated misdemeanor, 115 impose a sentence of imprisonment for a period of not less than six nor more than 12 116 months, and a fine not to exceed $5,000.00; or 117 H. B. 1128 - 5 - 24 LC 57 0068 (2) If the offense for which the defendant was convicted is a felony, impose a sentence 118 of imprisonment for a period of not less than two years, and a fine not to exceed 119 $5,000.00." 120 SECTION 6. 121 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by 122 replacing "genders" with "sexes", wherever the former appears in Code Section 20-2-315, 123 relating to gender discrimination prohibited, authorized separate gender teams, equal athletic 124 opportunity, physical education classes, employee designated to monitor compliance, 125 grievance procedures, and reporting requirements. 126 SECTION 7. 127 Said title is further amended by replacing the term "gender" with "sexual" wherever the 128 former appears in Code Section 20-2-316, relating to involvement of athletic association in 129 high school athletics. 130 SECTION 8. 131 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is 132 amended by revising paragraph (2) of subsection (d) of Code Section 40-5-25, relating to 133 applications, fees, and provisions for voluntary participation in various programs, as follows: 134 "(2) The department shall make available to procurement organizations or secure data 135 centers maintained and managed at the direction of a procurement organization 136 information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised 137 Uniform Anatomical Gift Act,' including the name, license number, date of birth, gender 138 sex, and most recent address of any person eligible pursuant to Code Section 44-5-142 139 who obtains an organ donor driver's license; provided, however, that the gender 140 information sexual category information of either male or female shall be made available 141 H. B. 1128 - 6 - 24 LC 57 0068 only to a procurement organization or secure data center if such organization or center 142 has sufficient funds to cover the associated costs of providing such information. 143 Information so obtained by such organizations and centers shall be used for a state-wide 144 organ donor registry accessible to organ tissue and eye banks authorized to function as 145 such in this state and shall not be further disseminated." 146 SECTION 9. 147 Said title is further amended by revising paragraph (2) of subsection (e) of Code Section 148 40-5-100, relating to personal identification cards, contents, possession of more than one card 149 prohibited, and optional contributions to and participation in voluntary programs, as follows: 150 "(2) The department shall make available to procurement organizations or secure data 151 centers maintained and managed at the direction of a procurement organization 152 information provided for in Article 6 of Chapter 5 of Title 44, the 'Georgia Revised 153 Uniform Anatomical Gift Act,' including the name, personal identification card number, 154 date of birth, gender sex, and most recent address of any person who obtains an organ 155 donor identification card; provided, however, that the gender information with respect to 156 one's sex shall be made available only to a procurement organization or secure data center 157 if such organization or center has sufficient funds to cover the associated costs of 158 providing such information. Information so obtained by such organizations and centers 159 shall be used for a state-wide organ donor registry accessible to organ tissue and eye 160 banks authorized to function as such in this state and shall not be further disseminated." 161 SECTION 10. 162 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by 163 revising subsection (a) of Code Section 44-5-158, relating to donor registry, as follows: 164 "(a) The Department of Driver Services shall make available to procurement organizations 165 or secure data centers maintained and managed at the direction of a procurement 166 H. B. 1128 - 7 - 24 LC 57 0068 organization the name, license number, date of birth, gender sex, and most recent address 167 of any person who obtains an organ donor's license; provided, however, that the gender 168 information with respect to one's sex shall only be made available to a procurement 169 organization or secure data center if such organization or center has sufficient funds to 170 cover the associated costs with providing such information. Information so obtained by 171 such organizations shall be used for the purpose of establishing a state-wide organ donor 172 registry accessible to organ tissue and eye banks authorized to function as such in this state 173 and shall not be further disseminated." 174 SECTION 11. 175 Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended 176 by revising Code Section 49-5-22, relating to voluntary pre-kindergarten programs to provide 177 toilet facilities screened for privacy, as follows: 178 "(a) The General Assembly finds that just as gender separated toileting separated by one's 179 sex among nonrelatives is the norm among adults, children should be allowed the same 180 opportunity to practice modesty when independent toileting behavior is well established 181 among the majority of their age group. Standardized adherence to this policy would 182 provide privacy, injury control, and sanitation. 183 (b) Each public or private voluntary pre-kindergarten program in this state which receives 184 state funding shall provide toilet facilities for the four-year-old pre-kindergarten age 185 children which it serves which are suitably screened for privacy. Nothing contained in this 186 Code section shall be construed to require a pre-kindergarten program to provide separately 187 constructed toilet facilities. 188 (c) The provisions of subsection (b) of this Code section shall not apply to any voluntary 189 pre-kindergarten program which provides separate and gender-specific male and female 190 toilet facilities for the children which it serves." 191 H. B. 1128 - 8 - 24 LC 57 0068 SECTION 12. 192 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 193 by revising paragraph (2) of subsection (b) of Code Section 50-12-22, relating to 194 membership, appointment, terms, chairperson, and meetings, as follows: 195 "(2) The council should be a balanced representation of the entire state, accounting for, 196 but not limited to, minority and ethnic groups, gender male and female diversity, 197 geographic diversity, large and small organizations, and the public and private sectors;" 198 SECTION 13. 199 The Official Code of Georgia Annotated is amended by replacing "gender" with "sex", 200 wherever the former appears in: 201 (1) Code Section 11-1-106, relating to use of singular and plural and gender; 202 (2) Code Section 12-5-287, relating to leasing of state owned marshland or water bottoms; 203 (3) Code Section 13-10-91, relating to verification of new employee eligibility, 204 applicability, and rules and regulations; 205 (4) Code Section 15-11-341, relating to written report to court and review hearing and 206 findings; 207 (5) Code Section 15-12-1, relating to definitions; 208 (6) Code Section 15-12-40.1, relating to state-wide master jury list, driver's license 209 information, list of registered voters, and random list of persons to comprise venire; 210 (7) Code Section 16-12-214, relating to study on minority and women participation; 211 addressing discrimination; 212 (8) Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, 213 or V controlled substance prescription and compliance; 214 (9) Code Section 19-13-30, relating to State Commission on Family Violence; 215 H. B. 1128 - 9 - 24 LC 57 0068 (10) Code Section 20-2-315, relating to gender discrimination prohibited, authorized 216 separate gender teams, equal athletic opportunity, physical education classes, employee 217 designated to monitor compliance, grievance procedures, and reporting requirements; 218 (11) Code Section 20-2-316, relating to involvement of athletic association in high school 219 athletics; 220 (12) Code Section 20-2-740, relating to annual report by local boards of education 221 regarding disciplinary and placement actions and annual study by the Department of 222 Education; 223 (13) Code Section 20-3-681, relating to compensation of athlete for use of name, image, 224 or likeness, scholarships are not compensation, and requirements for schools and athletes; 225 (14) Code Section 26-4-83, relating to patient record systems; 226 (15) Code Section 27-2-2, relating to issuance and sale of hunting, fishing and trapping 227 licenses, identification required, withdrawal of agents' authority to sell licenses, online 228 licensing system to allow making of anatomical gifts, and anatomical gift education and 229 awareness; 230 (16) Code Section 31-10-33, relating to procedure for stillbirth; 231 (17) Code Section 33-20C-4, relating to information and searchable format for directories 232 and exclusion of dental plans; 233 (18) Code Section 33-24-59.7, relating to coverage for the treatment of morbidly obese 234 patients, short title, legislative findings, and adoption of rules and regulations by the 235 Commissioner; 236 (19) Code Section 33-24-91, relating to use of credit information to underwrite or rate 237 risks; 238 (20) Code Section 33-30A-4, relating to membership, cooperative's powers, duties and 239 responsibilities, fees, and annual reports; 240 (21) Code Section 35-3-161, relating to time and procedure for withdrawal of blood 241 samples; 242 H. B. 1128 - 10 - 24 LC 57 0068 (22) Code Section 37-2-5, relating to regional advisory councils - establishing policy and 243 direction for disability services, membership, bylaws, meetings, and expenses; 244 (23) Code Section 37-2-6, relating to community mental health, developmental disabilities, 245 and addictive diseases service boards - community service board creation, membership, 246 participation of counties, transfer of powers and duties, alternate method of establishment, 247 bylaws, and reprisals prohibited; 248 (24) Code Section 37-2-11, relating to allocation of available funds for services, recipients 249 to meet minimum standards, accounting for fees generated by providers, and discrimination 250 in providing services prohibited; 251 (25) Code Section 40-5-2, relating to keeping of records of applications for licenses and 252 information on licenses and furnishing of information; 253 (26) Code Section 43-11-11, relating to gathering of census data on practicing dentists and 254 dental hygienists and standard form; 255 (27) Code Section 43-18-46, relating to grounds for denial or revocation of license or 256 registration and other discipline; 257 (28) Code Section 49-3-2, relating to appointment of county board members, terms, 258 vacancies, per diem and expenses, and role of county board; 259 (29) Code Section 49-3-3.1, relating to annual report from county director of department 260 of family and children services and personal appearance; 261 (30) Code Section 49-5-281, relating to bill of rights for foster parents and filing of 262 grievance for violations; 263 (31) Code Section 49-10-1, relating to the Board of Health Care Workforce, composition, 264 expense allowances, staffing, and advisory committees; 265 (32) Code Section 50-18-72, relating to when public disclosure is not required; 266 (33) Code Section 50-36-1, relating to verification requirements, procedures, and 267 conditions, exceptions, regulations, and criminal and other penalties for violations; and 268 (34) Code Section 51-14-3, relating to definitions. 269 H. B. 1128 - 11 - 24 LC 57 0068 SECTION 14. 270 If any provision of this Act, an amendment made by this Act, or the application of such 271 provision or amendment to any person or circumstance is held to be unconstitutional, the 272 remainder of this Act, the amendments made by this Act, and the application of the 273 provisions of such to any person or circumstance shall not be affected thereby. 274 SECTION 15. 275 All laws and parts of laws in conflict with this Act are repealed. 276 H. B. 1128 - 12 -