SENATE DOCKET, NO. 1415        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2207

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Joanne M. Comerford

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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 relative to gender identity on Massachusetts identification.

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PETITION OF:

SENATE DOCKET, NO. 1415        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2207

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2282 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to gender identity on Massachusetts identification.

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 is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X.” An “X” designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates, or by the parent or guardian of the person if the person is a minor, attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose; provided, however, that no medical or health-care related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.

(2) A person, or the parent or guardian of a person who is a minor, who is requesting a change in, or who has previously changed, the sex designation on the person’s birth record pursuant to paragraph (1) may request a change of name on the person’s birth record.  A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or health-care related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.

(3) The department of public health may promulgate regulations to implement this subsection.

SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section 8M the following section:-

Section 8N. The registry of motor vehicles shall permit a person submitting an application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card. No documentation shall be required for such a designation.

The registrar of motor vehicles may promulgate regulations to implement this section. The registrar shall report annually on the number of people, indicated by race and ethnicity, who choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor purchase identification card. No data shall be reported that permits the identification of an individual person. 

SECTION 3. The secretary of administration and finance shall develop a plan, including estimated costs and a proposed timeline for implementation, to ensure that any state form or document issued by a state agency that requires an individual to indicate the individual’s gender shall provide an opportunity for the individual to choose a gender option other than male or female; provided, however, that the secretary shall ensure that such a form or document complies with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than January 1, 2025.

SECTION 4. Agencies of the commonwealth shall take affirmative steps to inform youth and young adults of their options regarding sex and gender designations on state documents, including the “X” designation. The registry of motor vehicles, the secretary of state, and all state agencies that interact with youth or young adults in their care or provide them with legal assistance, including, but not limited to, the department of children and families, the department of youth services, the department of mental health, the committee for public counsel services and their child and family law division, shall develop and disseminate materials to inform youth and young adults of the provisions of this act, and develop processes to assist youth and young adults who wish to change their gender designation.

SECTION 5. Any person who experiences discrimination, threats, intimidation or coercion, or an attempt to discriminate, threaten, intimidate or coerce, on the basis of the gender indicated on state documents, including a person’s driver’s license, learner’s permit, identification card or liquor purchase identification card, may contact the civil rights division of the attorney general for investigation under section 11H of chapter 12 of the General Laws or any other applicable law.

SECTION 6. Section 1 shall take effect on July 1, 2024. Materials to be developed under section 4 shall be completed no later than 6 months after the effective date of this act.