Text of IL HB 4531 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4531 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: New Act 5 ILCS 70/1.45 new 5 ILCS 70/1.46 new 5 ILCS 70/1.47 new 5 ILCS 70/1.48 new Creates the Classification by Biological Sex Act. Sets forth findings. Provides that any public school or school district and any State, local agency, department or office that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose of gathering accurate public health, crime, economic, or other data shall classify each individual who is part of the collected data set as either male or female at birth. Amends the Statute on Statutes. Sets forth the meaning of the following terms as used in any statute or any rule or regulation: a person's sex; female and male; woman and girl; man and boy; and mother and father. LRB103 34871 LNS 64733 b A BILL FOR HB4531LRB103 34871 LNS 64733 b 1 AN ACT concerning sex-based classification. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5Classification by Biological Sex Act. 6 Section 5. Findings. The General Assembly finds that: 7 (1) When it comes to biological sex, "equal" not does 8 not mean "same" or "identical". 9 (2) When it comes to biological sex, separate is not 10 inherently unequal. 11 (3) There are legitimate reasons to distinguish 12 between the biological sexes with respect to athletics, 13 prisons or other detention facilities, domestic violence 14 shelters, rape crisis centers, locker rooms, restrooms, 15 and other areas where biology, safety, or privacy are 16 implicated. 17 (4) Policies and laws that distinguish between the 18 biological sexes are subject to intermediate 19 constitutional scrutiny, which forbids unfair 20 discrimination against similarly situated males and 21 females, but allows the law to distinguish between the 22 biological sexes if doing so is substantially related to 23 important governmental objectives. HB4531- 2 -LRB103 34871 LNS 64733 b 1 Section 10. Data classification. Any public school or 2school district and any State, local agency, department or 3office that collects vital statistics for the purpose of 4complying with antidiscrimination laws or for the purpose of 5gathering accurate public health, crime, economic, or other 6data shall classify each individual who is part of the 7collected data set as either male or female at birth. 8 Section 15. The Statute on Statutes is amended by adding 9Sections 1.45, 1.46, 1.47, and 1.48 as follows: 10 (5 ILCS 70/1.45 new) 11 Sec. 1.45. Biological sex. Notwithstanding any other 12provision of law, in determining the meaning of any statute or 13any rule or regulation, a person's sex is his or her biological 14sex, either male or female, as classified at birth. 15 (5 ILCS 70/1.46 new) 16 Sec. 1.46. Female or male. Notwithstanding any other 17provision of law, in determining the meaning of any statute or 18any rule or regulation, a female is an individual whose 19biological reproductive system is developed to produce ova, 20and a male is an individual whose biological reproductive 21system is developed to fertilize the ova of a female. HB4531- 3 -LRB103 34871 LNS 64733 b 1 (5 ILCS 70/1.47 new) 2 Sec. 1.47. Woman and girl; man and boy. Notwithstanding 3any other provision of law, in determining the meaning of any 4statute or any rule or regulation, the terms "woman" and 5"girl" refer to a human female, and the terms "man" and "boy" 6refer to a human male.