HB4531 103RD GENERAL ASSEMBLY

LRB103 34871 LNS 64733 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4531

Introduced 1/31/2024, by Rep. David Friess, Dan Caulkins, Blaine Wilhour and Adam M. Niemerg

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.

A BILL FOR

AN ACT concerning sex-based classification.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Classification by Biological Sex Act.

Section 5. Findings. The General Assembly finds that:

(1) When it comes to biological sex, "equal" not does not mean "same" or "identical".

(2) When it comes to biological sex, separate is not inherently unequal.

(3) There are legitimate reasons to distinguish between the biological sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and other areas where biology, safety, or privacy are implicated.

(4) Policies and laws that distinguish between the biological 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 biological sexes if doing so is substantially related to important governmental objectives.

Section 10. Data classification. 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.

Section 15. The Statute on Statutes is amended by adding Sections 1.45, 1.46, 1.47, and 1.48 as follows:

(5 ILCS 70/1.45 new)

Sec. 1.45. Biological sex. Notwithstanding any other provision of law, in determining the meaning of any statute or any rule or regulation, a person's sex is his or her biological sex, either male or female, as classified at birth.

(5 ILCS 70/1.46 new)

Sec. 1.46. Female or male. Notwithstanding any other provision of law, in determining the meaning of any statute or any rule or regulation, a female is an individual whose biological reproductive system is developed to produce ova, and a male is an individual whose biological reproductive system is developed to fertilize the ova of a female.

(5 ILCS 70/1.47 new)

Sec. 1.47. Woman and girl; man and boy. Notwithstanding any other provision of law, in determining the meaning of any statute or any rule or regulation, the terms "woman" and "girl" refer to a human female, and the terms "man" and "boy" refer to a human male.

(5 ILCS 70/1.48 new)

Sec. 1.48. Mother or father. Notwithstanding any other provision of law, in determining the meaning of any statute or any rule or regulation, a mother is a parent of the female biological sex, and a father is a parent of the male biological sex.