Oklahoma 2024 Regular Session

Oklahoma House Bill HB1449 Latest Draft

Bill / Enrolled Version Filed 05/29/2024

                            An Act 
ENROLLED HOUSE 
BILL NO. 1449 	By: Hasenbeck, Conley, Stark, 
Crosswhite Hader, Townley, 
Roe, Baker, McDugle, and 
Hill of the House 
 
  and 
 
  Garvin, Jett, Bullard, 
Pederson, Woods, and 
Stephens of the Senate 
 
 
 
 
An Act relating to discrimination; enacting t he 
Women’s Bill of Rights; declaring purpose; clarifying 
application and interpretation of act; amending 25 
O.S. 2021, Sections 16, 1101, and 1201, which relate 
to definitions and general provisions; defining 
terms; construing provisions; authorizing 
distinctions for certain p urposes; requiring certain 
identification in collection of data for certain 
purposes; providing for n oncodification; providing 
for codification; and providing an effective date. 
 
 
 
 
SUBJECT: Discrimination 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: 
 
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 may 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 laws 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,  ENR. H. B. NO. 1449 	Page 2 
girl or boy, are hereby superseded and inte rpreted to the extent 
necessary by this act, including, but not limited to, any 
educational benefits, cor rections housing, emp loyment 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 of a child or children as 
defined in Section 7 of this title; 
 
2.  “Female” means an individual who naturally has, had, will 
have, or would have, but for a developmental or genetic anomaly or 
historical accident, the rep roductive system that at some point 
produces, transports, and utilizes eggs for fertilization ; 
 
3.  “Male” means an individual who natu rally has, had, will 
have, or would have, but for a developmental or genetic anomaly or 
historical accident, the reproduc tive system that at some point 
produces, transports, and utilizes sperm for fertilization ; 
 
4.  “Man” or “boy” means a natural person wh o is male; 
 
5.  “Mother” means the female parent of a child or children 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, includes not 
only human beings, but bodies politic or corporate ; 
 
8.  “Sex” means a natural p erson’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: 
 
Section 1101.  A.  This act provides for exclusiv e remedies 
within the state of the policies for individuals alleging 
discrimination in employment on the basis of race, color, national  ENR. H. B. NO. 1449 	Page 3 
origin, sex, religion, creed, age, disability or genetic 
information. 
 
B.  This act shall be constr ued according to the fair import of 
its terms to further the general purposes stated in this section and 
the special purposes of the particular provision involved. 
 
C.  Any policy, program, or statute that prohibits sex 
discrimination shall be construed to forbid unfair treatm ent 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 distinctions between sexes when such 
distinctions are substantial ly related to an impo rtant government 
objective, including, but not limited to, biology, privacy, safety, 
or fairness. 
 
SECTION 4.     AMENDATORY    25 O.S. 2021, Section 1201, is 
amended to read as follows: 
 
Section 1201.  In Section 11 01 et seq. of this ti tle, 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 
differentiate between the sexes shall not necessarily be construed 
to be treating the sexes unequally; 
 
3. “National origin” includes the national origin of an 
ancestor; and 
 
3. 4. “Person” includes an indi vidual, association, 
corporation, joint apprenticeship committee, joint -stock company, 
labor union, legal representative, mutual company, partnership, 
receiver, trust, trus tee, trustee in bankruptcy, unincorporated 
organization, any other legal or commerci al entity, the state, or 
any governmental entity or agency. 
 
SECTION 5.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Secti on 1202 of Title 25, unless there 
is created a duplication in numbering, reads as f ollows: 
  ENR. H. B. NO. 1449 	Page 4 
The state, any political subdivision, or any state agency or 
department, including, but not limited to, public school districts, 
that collects vital statistics for t he purpose of gathering accurate 
public health, crime, economic, or other data sha ll 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 effecti ve November 1, 2024. 
  ENR. H. B. NO. 1449 	Page 5 
Passed the House of Representatives the 29th day of May, 2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
 
Passed the Senate the 23rd day of April, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNO R 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20___ ____, at _______ o'clock _______ M. 
By: _________________________________