Text of MA H 3664 (2020)

Providing for a gender neutral designation on state documents and identifications

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1 of 4 HOUSE DOCKET, NO. 2724 FILED ON: 1/17/2019 HOUSE . . . . . . . . . . . . . . . No. 3664 The Commonwealth of Massachusetts _________________ PRESENTED BY: Mindy Domb and Marjorie C. Decker _________________ 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. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Mindy Domb 3rd Hampshire Marjorie C. Decker 25th Middlesex Rebecca L. Rausch Norfolk, Bristol and Middlesex Christine P. Barber 34th Middlesex Natalie M. Blais 1st Franklin Peter Capano 11th Essex Michelle L. Ciccolo 15th Middlesex Mike Connolly 26th Middlesex Nika C. Elugardo 15th Suffolk Carmine Lawrence Gentile 13th Middlesex Tami L. Gouveia 14th Middlesex Patrick Joseph Kearney 4th Plymouth Jack Patrick Lewis 7th Middlesex Jason M. Lewis Fifth Middlesex Jay D. Livingstone 8th Suffolk Adrian C. Madaro 1st Suffolk Liz Miranda 5th Suffolk Tram T. Nguyen 18th Essex 2 of 4 Denise Provost 27th Middlesex Lindsay N. Sabadosa 1st Hampshire Jon Santiago 9th Suffolk Aaron Vega 5th Hampden Tommy Vitolo 15th Norfolk 3 of 4 HOUSE DOCKET, NO. 2724 FILED ON: 1/17/2019 HOUSE . . . . . . . . . . . . . . . No. 3664 By Representatives Domb of Amherst and Decker of Cambridge, a petition (accompanied by bill, House, No. 3664) of Mindy Domb and others relative to a gender neutral designation on state documents and identifications. State Administration and Regulatory Oversight. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-First General Court (2019-2020) _______________ 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: 1 SECTION 1. Section 13 of chapter 46 of the General Laws, as appearing in the 2016 2 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof 3 the following subsection:- 4 (e) If a person who is 18 years of age or older, or a person who is less than 18 years of 5 age with the written authorization of the person’s parent or guardian, wishes to correct the sex 6 designation on their birth certificate to accurately reflect their gender identity, the record of said 7 person shall be amended to accurately reflect the gender identity of the person if an affidavit 8 executed by the person to whom the record relates indicating the person's gender identity and 9 requested sex designation, and for a person less than 18 years of age a written authorization 10 executed by said person’s parent or guardian authorizing the change, has been received by the 11 state registrar or town clerk. 4 of 4 12 SECTION 2. The office of the attorney general shall prepare a report listing all forms or 13 other documents of the commonwealth that require individuals to indicate their gender or sex. 14 The report shall indicate if the form or document allows a person to indicate a choice other than 15 male or female, if there is an opportunity for a person to change their indicated gender or sex, 16 and if the request for a person to indicate their sex or gender is required by federal or state law, 17 federal or state regulation, or by practice. The report shall identify the particular law or 18 regulation that is the basis for the request to indicate one’s sex or gender. The report shall be 19 filed with the governor, the president of the senate and the speaker of the house of 20 representatives by January 1, 2020. 21 SECTION 3. All state issued forms, documents, identification cards and licenses that 22 provide for a gender or sex designation, including but not limited to drivers licenses, birth 23 certificates, voter registration forms and forms relative to state assistance and services, shall 24 include a gender neutral identification marker shown as an “X” that may be selected as a gender 25 designation. State agencies, departments and offices shall update their forms to include such 26 gender neutral identification markers by January 1, 2022.