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SENATE FLOOR VERSION
April 13, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1449 By: Hasenbeck, Conley, Stark,
Crosswhite Hader, Townley
and Roe of the House
and
Garvin of the Senate
[ discrimination - Women’s Bill of Rights -
identification - noncodification - codification -
effective date ]
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follo ws:
A. This act shall be known and ma y be cited as the “Women’s
Bill of Rights”.
B. The purpose of the Women’s Bill of Rights is to bring
clarity, certainty, and uniformity under the laws of this state with
respect to natural persons of both biological s exes and the manner
in which they are treated as such under the la ws of this state. All
laws where the application thereof is contingent upon the
classification of a person as being female or male, woman or man,
girl or boy, are hereby superseded and inte rpreted to the extent
necessary by this act, including, but not limited to, any
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educational benefits, corrections housing, employment protections,
and civil rights laws codified in the statutes of this state.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 16, is
amended to read as follows:
Section 16. The word “person,” As used in the Oklahoma
Statutes:
1. “Father” means the male parent o f a child or children as
defined in Section 7 of this title;
2. “Female” means a natural person whose biological
reproductive system is developed to produce ova;
3. “Male” means a natural person whose biological repr oductive
system is developed to fertil ize the ova of a female;
4. “Man” or “boy” means a natural person who is male;
5. “Mother” means the female parent of a child or chi ldren as
defined in Section 7 of this title;
6. “Natural person” means a person as defined in paragraph 7 of
this section, except for bodies politic or corporate;
7. “Person”, except when used by way of contrast, inc ludes not
only human beings, but bodie s politic or corporate ;
8. “Sex” means a natural person’s biological sex at birth; and
9. “Woman” or “girl” means a natural person who is female.
SECTION 3. AMENDATORY 25 O.S. 2021, Section 1101, is
amended to read as follows:
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Section 1101. A. This act provides f or exclusive remedies
within the state of the p olicies for individuals alleging
discrimination in employment on the basis of race, color, national
origin, sex, religion, creed, age, disability or genetic
information.
B. This act shall be construed accordi ng to the fair import of
its terms to further t he general purposes stated in this sec tion and
the special purposes of the particular provision involved.
C. Any policy, program, or statute that prohibits sex
discrimination shall be construed to forbid unfa ir treatment of
females or males in relation to similarly situated members of the
opposite sex. The state or its political subdivisions shall not be
prohibited from establishing di stinctions between sexes when such
distinctions are substantially related t o an important government
objective, including, but not limited to, biology, privacy, safety,
or fairness.
SECTION 4. AMENDATORY 25 O.S. 2021, Sec tion 1201, is
amended to read as follows:
Section 1201. In Section 1101 et seq. of this title, unless the
context otherwise requires:
1. “Discriminatory practice ” means a practice designated as
discriminatory under the terms of this act;
2. “Equal”, with reference to sex as defined in Section 16 of
this title, shall not be construed to mean same or identical, and to
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differentiate between the sexes shall not necessarily be cons trued
to be treating the sexes unequally;
3. “National origin” includes the national origin of an
ancestor; and
3. 4. “Person” includes an individual, associatio n,
corporation, joint apprenticeship committee, joint -stock company,
labor union, legal repre sentative, mutual company, partnership,
receiver, trust, trustee, trustee in ba nkruptcy, unincorporated
organization, any other legal or commercial entity, the sta te, or
any governmental entity or agency.
SECTION 5. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 1202 of Title 25, unless there
is created a duplication in numbering, reads as follows:
The state, any political subdivision , or any state agency or
department, including, but not limited to, public school districts,
that collects vital sta tistics for the purpose of gath ering accurate
public health, crime, economic, or other data shall include, but not
be limited to, the identification of any natural person who is part
of the collected data as either male or female as defined in Section
16 of Title 25 of the Oklahoma Statutes.
SECTION 6. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
April 13, 2023 - DO PASS AS AMENDED BY CS