HOUSE DOCKET, NO. 3866        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3126

The Commonwealth of Massachusetts

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PRESENTED BY:

Mindy Domb and Marjorie C. Decker

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing for a gender neutral designation on state documents and identifications.

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PETITION OF:

HOUSE DOCKET, NO. 3866        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3126

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act providing for a gender neutral designation on state documents and identifications.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 13 of chapter 46 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e)(1) If a person who is 18 years of age or older, or a person who is less than 18 years of age with the written authorization of the person’s parent or guardian, wishes to correct the sex designation on their birth certificate to accurately reflect their gender identity, the record of said person shall be amended to accurately reflect the gender identity of the person if an affidavit executed by the person to whom the record relates indicating the person's gender identity and requested sex designation, and for a person less than 18 years of age a written authorization executed by said person’s parent or guardian authorizing the change, has been received by the state registrar or town clerk.

(e)(2) If a person who is 18 years of age or older, or a person who is less than 18 years of age with written authorization of the person’s parent or guardian, wishes to correct the name on their birth certificate, the record of said person shall be amended to accurately reflect the name of the person if an affidavit executed by the person to whom the record relates indicating the person’s name, a certified copy of the legal change of name, and for a person less than 18 years of age a written authorization executed by said person’s parent or guardian authorizing the change, has been received by the state registrar or town clerk.

SECTION 2. The office of the attorney general shall prepare a report listing all forms or other documents of the commonwealth that require individuals to indicate their gender or sex. The report shall indicate if the form or document allows a person to indicate a choice other than male or female, if there is an opportunity for a person to change their indicated gender or sex, and if the request for a person to indicate their sex or gender is required by federal or state law, federal or state regulation, or by practice. The report shall identify the particular law or regulation that is the basis for the request to indicate one’s sex or gender. The report shall be filed with the governor, the president of the senate and the speaker of the house of representatives by January 1, 2022.

SECTION 3. All state issued forms, documents, identification cards and licenses that provide for a gender or sex designation, including but not limited to drivers licenses, birth certificates, voter registration forms and forms relative to state assistance and services, shall include a gender neutral identification marker shown as an “X” that may be selected as a gender designation. State agencies, departments and offices shall update their forms to include such gender neutral identification markers by January 1, 2023.