Bill Text: IL HB4531 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-02-28 - Added Co-Sponsor Rep. Kevin Schmidt [HB4531 Detail]

Download: Illinois-2023-HB4531-Introduced.html

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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
HB4531 LRB103 34871 LNS 64733 b
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.

HB4531 - 2 - LRB103 34871 LNS 64733 b
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.

HB4531 - 3 - LRB103 34871 LNS 64733 b
(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.