Amendment #1291 to H4600

Updating Vital Records

Representatives Domb of Amherst and Decker of Cambridge move to amend the bill by adding the following section:

"SECTION XXXX. 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. 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 4. Materials to be developed under section 3 shall be completed no later than 6 months after the effective date of this act.".