Bill Text: IA HSB649 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the term sex and related terms for purposes of statutory construction, including an indication of a person's sex on certain vital records and on certain applications and identification cards.(See HF 2389.)
Spectrum: Committee Bill
Status: (Introduced) 2024-02-08 - Committee report approving bill, renumbered as HF 2389. [HSB649 Detail]
Download: Iowa-2023-HSB649-Introduced.html
House
Study
Bill
649
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
the
term
sex
and
related
terms
for
purposes
1
of
statutory
construction,
including
an
indication
of
2
a
person’s
sex
on
certain
vital
records
and
on
certain
3
applications
and
identification
cards.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
4.1A
Statutory
construction
——
sex
1
and
related
terms.
2
1.
In
the
construction
of
statutes,
the
following
rules
3
shall
be
observed
with
regard
to
a
person’s
biological
sex:
4
a.
“Sex”
means
a
person’s
biological
sex,
either
male
or
5
female,
at
birth,
unless
otherwise
provided
by
law.
6
b.
A
“female”
is
a
person
whose
biological
reproductive
7
system
is
developed
to
produce
ova
and
a
“male”
is
a
person
8
whose
biological
reproductive
system
is
developed
to
fertilize
9
the
ova
of
a
female.
10
c.
The
term
“woman”
or
“girl”
refers
to
a
female
and
the
11
term
“man”
or
“boy”
refers
to
a
male.
12
d.
The
term
“mother”
means
a
parent
who
is
female
and
the
13
term
“father”
means
a
parent
who
is
male.
14
e.
The
term
“equal”
does
not
mean
“same”
or
“identical”
.
15
f.
Separate
accommodations
are
not
inherently
unequal.
16
g.
A
person
born
with
a
medically
verifiable
diagnosis
of
17
disorder
or
difference
of
sex
development
shall
be
provided
the
18
legal
protections
and
accommodations
afforded
under
the
federal
19
Americans
with
Disabilities
Act
of
1990
and
applicable
state
20
law.
21
2.
Any
state
law,
policy,
or
program
that
prohibits
22
discrimination
on
the
basis
of
sex
shall
be
construed
to
forbid
23
unfair
treatment
of
females
or
males
in
relation
to
similarly
24
situated
members
of
the
opposite
sex.
25
3.
Notwithstanding
any
provision
of
state
law
to
the
26
contrary,
distinctions
based
on
sex,
including
but
not
limited
27
to
in
prisons
or
other
detention
facilities,
domestic
violence
28
shelters,
rape
crisis
centers,
locker
rooms,
restrooms,
and
in
29
other
contexts
where
health,
safety,
or
privacy
are
implicated
30
resulting
in
separate
accommodations,
are
substantially
related
31
to
the
important
government
objectives
of
protecting
the
32
health,
safety,
and
privacy
of
the
persons
in
these
contexts.
33
4.
Any
state
department
or
subunit
of
a
department,
or
any
34
political
subdivision
of
the
state
including
a
city,
county,
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township,
or
school
district
that
collects
vital
statistics
for
1
the
purpose
of
complying
with
state
antidiscrimination
laws,
2
or
for
the
purpose
of
gathering
accurate
state
public
health,
3
crime,
economic,
or
other
data,
shall
identify
the
sex
of
each
4
person
included
in
the
collected
data
as
either
male
or
female.
5
5.
For
the
purposes
of
this
section,
“state
law”
includes
6
any
state
statute
or
rule.
7
Sec.
2.
Section
144.13,
Code
2024,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
5.
A
certificate
of
birth
filed
under
this
10
section
shall
include
a
designation
of
the
sex
of
the
person
as
11
defined
in
section
4.1A.
12
Sec.
3.
Section
144.23,
Code
2024,
is
amended
to
read
as
13
follows:
14
144.23
State
registrar
to
issue
establish
new
certificate
of
15
birth
.
16
1.
The
state
registrar
shall
establish
a
new
certificate
of
17
birth
for
a
person
born
in
this
state,
when
the
state
registrar
18
receives
the
following:
19
1.
a.
An
adoption
report
as
provided
in
section
144.19
,
or
20
a
certified
copy
of
the
decree
of
adoption
together
with
the
21
information
necessary
to
identify
the
original
certificate
of
22
birth
and
to
establish
a
new
certificate
of
birth.
23
2.
b.
A
request
that
a
new
certificate
be
established
and
24
evidence
proving
that
the
person
for
whom
the
new
certificate
25
is
requested
has
been
legitimated,
or
that
a
court
of
competent
26
jurisdiction
has
determined
the
paternity
of
the
person.
27
3.
c.
A
notarized
affidavit
by
a
licensed
physician
and
28
surgeon
or
osteopathic
physician
and
surgeon
stating
that
by
29
reason
of
surgery
or
other
treatment
by
the
licensee,
the
30
sex
designation
of
the
person
has
been
changed.
The
state
31
registrar
may
make
a
further
investigation
or
require
further
32
information
necessary
to
determine
whether
a
sex
change
has
33
occurred.
34
2.
a.
Pursuant
to
section
4.1A,
a
new
certificate
of
birth
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established
under
subsection
1,
paragraph
“a”
or
“b”
,
shall
1
include
a
designation
of
the
sex
of
the
person,
as
male
or
2
female,
at
birth.
3
b.
Pursuant
to
section
4.1A,
a
new
certificate
of
birth
4
established
under
subsection
1,
paragraph
“c”
,
following
a
5
change
in
sex
designation,
shall
include
a
designation
of
the
6
sex
of
the
person,
as
male
or
female,
both
at
the
time
of
birth
7
and
at
the
time
the
new
certificate
of
birth
is
established.
8
Sec.
4.
Section
144.24,
subsections
1
and
2,
Code
2024,
are
9
amended
to
read
as
follows:
10
1.
If
a
new
certificate
of
birth
is
established,
the
actual
11
place
and
date
of
birth
shall
be
shown
on
the
certificate
and
12
the
certificate
shall
include
a
designation
of
the
person’s
13
sex
pursuant
to
section
144.23
.
The
certificate
shall
be
14
substituted
for
the
original
certificate
of
birth.
15
2.
Following
substitution
of
the
original
certificate
of
16
birth
with
a
new
certificate
of
birth,
the
original
certificate
17
and
the
evidence
of
adoption,
paternity,
or
legitimation
,
or
18
sex
change
shall
not
be
subject
to
inspection
except
under
19
order
of
a
court
of
competent
jurisdiction,
including
but
20
not
limited
to
an
order
issued
pursuant
to
section
600.16A
,
21
as
provided
in
section
144.23A
or
144.24A
,
or
as
provided
by
22
administrative
rule
for
statistical
or
administrative
purposes
23
only.
24
Sec.
5.
Section
321.182,
subsection
1,
paragraph
a,
Code
25
2024,
is
amended
to
read
as
follows:
26
a.
Make
application
on
a
form
provided
by
the
department
27
which
shall
include
the
applicant’s
full
name,
signature,
28
current
mailing
address,
current
residential
address,
date
29
of
birth,
social
security
number,
and
physical
description
30
including
sex,
height,
and
eye
color.
The
application
may
31
contain
other
information
the
department
may
require
by
rule.
32
Pursuant
to
procedures
established
by
the
department
and
for
33
an
applicant
who
is
a
foreign
national
temporarily
present
in
34
this
state,
the
department
may
waive
the
requirement
that
the
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application
include
the
applicant’s
social
security
number.
1
For
the
purposes
of
this
paragraph,
“sex”
means
the
same
as
2
defined
in
section
4.1A.
If
the
applicant
evidences
through
3
a
notarized
affidavit
by
a
licensed
physician
and
surgeon
or
4
osteopathic
physician
and
surgeon
that
by
reason
of
surgery
or
5
other
treatment
the
applicant’s
sex
designation
has
changed,
6
the
application
shall
reflect
the
sex
designation
of
the
person
7
both
at
the
time
of
birth
and
at
the
time
the
application
is
8
made.
9
Sec.
6.
Section
321.189,
subsection
2,
paragraph
a,
Code
10
2024,
is
amended
to
read
as
follows:
11
a.
Appearing
on
the
driver’s
license
shall
be
a
12
distinguishing
number
assigned
to
the
licensee;
the
licensee’s
13
full
name,
date
of
birth,
sex,
and
residence
address;
a
color
14
photograph;
a
physical
description
of
the
licensee;
the
name
of
15
the
state;
the
dates
of
issuance
and
expiration;
and
the
usual
16
signature
of
the
licensee.
The
license
shall
identify
the
17
class
of
vehicle
the
licensee
may
operate
and
the
applicable
18
endorsements
and
restrictions
which
the
department
shall
19
require
by
rule.
For
the
purposes
of
this
paragraph,
“sex”
20
means
the
same
as
defined
in
section
4.1A.
If
the
applicant
21
evidences
through
a
notarized
affidavit
by
a
licensed
physician
22
and
surgeon
or
osteopathic
physician
that
by
reason
of
surgery
23
or
other
treatment
the
applicant’s
sex
designation
has
changed,
24
the
license
shall
reflect
the
sex
designation
of
the
person
25
both
at
the
time
of
birth
and
at
the
time
the
application
is
26
made
under
section
321.182.
27
Sec.
7.
Section
321.190,
subsection
1,
paragraph
a,
Code
28
2024,
is
amended
to
read
as
follows:
29
a.
(1)
The
department
shall,
upon
application
and
payment
30
of
the
required
fee,
issue
to
an
applicant
a
nonoperator’s
31
identification
card.
To
be
valid
the
card
shall
bear
a
32
distinguishing
number
other
than
a
social
security
number
33
assigned
to
the
cardholder,
the
full
name,
date
of
birth,
34
sex,
residence
address,
a
physical
description
and
a
color
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photograph
of
the
cardholder,
the
usual
signature
of
the
1
cardholder,
and
such
other
information
as
the
department
2
may
require
by
rule.
An
applicant
for
a
nonoperator’s
3
identification
card
shall
apply
for
the
card
in
the
manner
4
provided
in
section
321.182,
subsections
1
through
3
.
For
5
the
purposes
of
this
paragraph,
“sex”
means
the
same
as
6
defined
in
section
4.1A.
If
the
applicant
evidences
through
7
a
notarized
affidavit
by
a
licensed
physician
and
surgeon
or
8
osteopathic
physician
and
surgeon
that
by
reason
of
surgery
or
9
other
treatment
the
applicant’s
sex
designation
has
changed,
10
the
nonoperator’s
identification
card
shall
reflect
the
sex
11
designation
of
the
person
both
at
the
time
of
birth
and
at
the
12
time
the
application
is
made.
13
(2)
The
card
shall
be
issued
to
the
applicant
at
the
time
of
14
application
pursuant
to
procedures
established
by
rule.
15
(3)
An
applicant
for
a
nonoperator’s
identification
card
16
who
is
required
by
50
U.S.C.
app.
§451
et
seq.
to
register
with
17
the
United
States
selective
service
system
shall
be
registered
18
by
the
department
with
the
selective
service
system
as
provided
19
in
section
321.183
.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
term
sex
and
related
terms
for
24
purposes
of
statutory
construction.
25
The
bill
creates
a
new
Code
section
4.1A
(statutory
26
construction
——
sex
and
related
terms).
The
bill
provides
27
that
certain
rules
of
statutory
construction
shall
be
observed
28
with
regard
to
a
person’s
sex.
These
rules
with
regard
to
a
29
person’s
sex
include:
30
1.
“Sex”
means
a
person’s
biological
sex,
either
male
or
31
female,
at
birth,
unless
otherwise
provided
by
law.
32
2.
A
“female”
is
a
person
whose
biological
reproductive
33
system
is
developed
to
produce
ova
and
a
“male”
is
a
person
34
whose
biological
reproductive
system
is
developed
to
fertilize
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the
ova
of
a
female.
1
3.
The
term
“woman”
or
“girl”
refers
to
a
female
and
the
2
term
“man”
or
“boy”
refers
to
a
male.
3
4.
The
term
“mother”
means
a
parent
who
is
female
and
the
4
term
“father”
means
a
parent
who
is
male.
5
5.
The
term
“equal”
does
not
mean
“same”
or
“identical”.
6
6.
Separate
accommodations
are
not
inherently
unequal.
7
7.
A
person
born
with
a
medically
verifiable
diagnosis
of
8
disorder
or
difference
of
sex
development
shall
be
provided
the
9
legal
protections
and
accommodations
afforded
under
the
federal
10
Americans
with
Disabilities
Act
of
1990
and
applicable
state
11
law.
12
Additionally,
under
the
bill,
any
state
law,
policy,
or
13
program
that
prohibits
discrimination
on
the
basis
of
sex
shall
14
be
construed
to
forbid
unfair
treatment
of
females
or
males
in
15
relation
to
similarly
situated
members
of
the
opposite
sex.
16
Notwithstanding
any
provision
of
state
law
to
the
contrary,
17
distinctions
based
on
sex
in
various
contexts
where
health,
18
safety,
or
privacy
are
implicated
resulting
in
separate
19
accommodations,
are
substantially
related
to
the
important
20
government
objectives
of
protecting
the
health,
safety,
and
21
privacy
of
the
persons
in
these
contexts.
In
addition,
any
22
state
department
or
subunit
of
a
department,
or
any
political
23
subdivision
of
the
state
including
a
city,
county,
township,
24
or
school
district
that
collects
vital
statistics
for
the
25
purpose
of
complying
with
state
antidiscrimination
laws
or
for
26
the
purpose
of
gathering
accurate
state
public
health,
crime,
27
economic,
or
other
data,
shall
identify
the
sex
of
each
person
28
included
in
the
collected
data
as
either
male
or
female.
29
The
bill
defines
“state
law”
for
the
purposes
of
new
Code
30
section
4.1A.
31
The
bill
also
amends
provisions
under
Code
chapter
144
32
(vital
statistics).
The
bill
requires
that
an
original
33
certificate
of
birth
shall
include
a
designation
of
the
sex
of
34
the
person
as
defined
in
new
Code
section
4.1A.
With
regard
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to
a
new
certificate
of
birth,
if
a
new
certificate
of
birth
1
is
established
after
the
state
registrar
receives
an
adoption
2
report
or
a
certified
copy
of
an
adoption
decree
or
following
3
a
determination
of
paternity,
the
new
certificate
of
birth
4
shall
include
a
designation
of
sex
of
the
person
at
birth;
5
and
if
a
new
certificate
of
birth
is
established
after
the
6
state
registrar
receives
a
notarized
affidavit
by
a
licensed
7
physician
and
surgeon
or
osteopathic
physician
and
surgeon
8
stating
that
by
reason
of
surgery
or
other
treatment
by
the
9
licensee,
the
sex
designation
of
the
person
has
been
changed,
10
the
new
certificate
of
birth
shall
include
a
designation
of
the
11
sex
of
the
person
both
at
the
time
of
birth
and
at
the
time
of
12
establishment
of
the
new
certificate
of
birth.
13
The
bill
amends
provisions
in
Code
chapter
321
(motor
14
vehicles
and
law
of
the
road)
to
define
“sex”
the
same
as
in
15
new
Code
section
4.1A
for
the
purposes
of
including
the
sex
of
16
the
person
in
an
application
for
a
license
or
a
nonoperator’s
17
identification
card,
and
on
a
person’s
driver’s
license
or
18
nonoperator’s
identification
card.
19
If
an
applicant
for
a
driver’s
license
or
a
nonoperator’s
20
identification
card
evidences
through
a
notarized
affidavit
21
by
a
licensed
physician
and
surgeon
or
osteopathic
physician
22
and
surgeon
that
by
reason
of
surgery
or
other
treatment
the
23
applicant’s
sex
designation
has
changed,
the
applications
and
24
the
driver’s
license
and
nonoperator’s
identification
card
25
shall
reflect
the
sex
designation
of
the
person
both
at
the
26
time
of
birth
and
at
the
time
the
application
is
made.
27
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LSB
5180XL
(17)
90
pf/ko
7/
7
