Text of ND HB 1522 (2023)

23.0864.04000 Sixty-eighth Legislative Assembly of North Dakota Introduced by Representatives Dyk, Christensen, Timmons, VanWinkle Senators Beard, Weston A BILL for an Act to create and enact a new section to chapter 15.1-06 of the North Dakota Century Code, relating to providing accommodations to a transgender student; to provide a penalty; and to declare an emergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 15.1-06 of the North Dakota Century Code is created and enacted as follows: Transgender student accommodations - Prohibited - Exception - Private right of action. 1. As used in this section, "sex" means the biological state of being male and female, based on the individual's nonambiguous sex organs, chromosomes, and endogenous hormone profiles at birth. 2. Except as provided in subsection 3, a board of a school district, a public or private school, or a teacher in a public or private school may not: a. Adopt a policy establishing a place, facility, school program, or accommodation that caters to a student's perceived or expressed gender, including a preferred gender pronoun, if the perceived or expressed gender is inconsistent with the student's sex; b. Provide a place, facility, school program, or accommodation catering to a student's perceived or expressed gender, including a preferred gender pronoun, if the perceived or expressed gender is inconsistent with the student's sex; or c. Adopt a policy establishing or providing a place, facility, school program, or accommodation that caters to a student's perception of being any animal species other than human. Page No. 1 23.0864.04000 HOUSE BILL NO. 1522 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Sixty-eighth Legislative Assembly 3. A board of a school district, a public or private school, or a teacher in a public or private school may establish or provide a unisex restroom accommodation for a student, only if: a. The student had gender-affirming surgery before the effective date of this Act; and b. The board, school, or teacher obtains written consent from the student's parent or legal guardian to establish or provide the unisex restroom accommodation. 4. Notwithstanding any other provision of law, a violation of this section subjects a private school or the board of the school district that governs the school at which the violation occurred to a civil cause of action by a parent or legal guardian of a student who attends the school at which the violation occurred and has suffered damages because of the violation. 5. Notwithstanding section 32 - 03.2 - 11, a court shall award the following remedies to a plaintiff that prevails in an action under subsection 4: a. Damages; b. Costs and fees, including reasonable attorney fees; and c. Exemplary damages in an amount up to five hundred thousand dollars. SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. Page No. 2 23.0864.04000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Sixty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 3, 2023 HOUSE BILL NO. 1522 (Representatives Dyk, Christensen, Timmons, VanWinkle) (Senators Beard, Weston) AN ACT to create and enact a new section to chapter 14-02.4 and a new section to chapter 15.1-06 of the North Dakota Century Code, relating to preferred pronouns and providing accommodations to a transgender student; to provide a penalty; and to declare an emergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 14-02.4 of the North Dakota Century Code is created and enacted as follows: Preferred pronoun - Government entity. 1. Unless otherwise required by law, a government entity may not adopt a policy requiring or prohibiting: a. An employee's use of an individual's preferred pronoun when addressing or mentioning the individual in work-related communications; or b. The designation of an employee's preferred pronoun in work-related communications. 2. An individual may assert a violation of this section as a claim or defense in a judicial proceeding and is entitled to recover appropriate relief, including reasonable attorney fees and court costs. SECTION 2. A new section to chapter 15.1-06 of the North Dakota Century Code is created and enacted as follows: Transgender student accommodations. 1. A board of a school district, public school, or public school teacher may not adopt a policy that requires or prohibits any individual from using a student's preferred gender pronoun. 2. A board of a school district shall establish, with the approval of the parent or legal guardian, a plan for the use of a separate restroom accommodation for a transgender student . 3. A board of a school district or a public school shall prohibit a student from using a restroom that does not coincide with the student's biological sex. 4. Unless otherwise required by law, a school district, public school, or public school teacher may not: a. Adopt a policy concerning a particular student's transgender status without approval from the student's parent or legal guardian; or b. Withhold or conceal information about a student's transgender status from the student's parent or legal guardian. SECTION 3. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1522 - PAGE 2 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-eighth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1522 and that two-thirds of the members-elect of the House of Representatives voted in favor of said law. Vote: Yeas 68 Nays 22 Absent 4 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House This certifies that two-thirds of the members-elect of the Senate voted in favor of said law. Vote: Yeas 40 Nays 6 Absent 1 ____________________________ ____________________________ President of the Senate Secretary of the Senate Received by the Governor at ________M. on _____________________________________, 2023. Approved at ________M. on __________________________________________________, 2023. ____________________________ Governor Filed in this office this ___________day of _______________________________________, 2023, at ________ o’clock ________M. ____________________________ Secretary of State