Text of MA S 2055 (2019)

1 of 5 SENATE DOCKET, NO. 2047 FILED ON: 1/18/2019 SENATE . . . . . . . . . . . . . . No. 2055 The Commonwealth of Massachusetts _________________ PRESENTED BY: Joanne M. Comerford _________________ 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. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Joanne M. Comerford Hampshire, Franklin and Worcester Rebecca L. Rausch Norfolk, Bristol and Middlesex 1/22/2019 Michael J. Barrett Third Middlesex 1/29/2019 Natalie M. Blais 1st Franklin 2/1/2019 Harriette L. Chandler First Worcester 1/28/2019 Sonia Chang-Diaz Second Suffolk 1/24/2019 Mike Connolly 26th Middlesex 1/31/2019 Julian Cyr Cape and Islands 1/24/2019 Sal N. DiDomenico Middlesex and Suffolk 1/30/2019 Mindy Domb 3rd Hampshire 1/28/2019 James B. Eldridge Middlesex and Worcester 1/31/2019 Nika C. Elugardo 15th Suffolk 1/29/2019 Paul R. Feeney Bristol and Norfolk 1/31/2019 Natalie M. Higgins 4th Worcester 1/29/2019 Patricia D. Jehlen Second Middlesex 1/31/2019 Patrick Joseph Kearney 4th Plymouth 1/31/2019 Kay Khan 11th Middlesex 1/28/2019 David Henry Argosky LeBoeuf 17th Worcester 1/23/2019 2 of 5 Eric P. Lesser First Hampden and Hampshire 2/1/2019 Jack Patrick Lewis 7th Middlesex 1/30/2019 Jason M. Lewis Fifth Middlesex 1/23/2019 David Paul Linsky 5th Middlesex 1/29/2019 Elizabeth A. Malia 11th Suffolk 2/1/2019 Christina A. Minicucci 14th Essex 1/29/2019 Denise Provost 27th Middlesex 1/29/2019 3 of 5 SENATE DOCKET, NO. 2047 FILED ON: 1/18/2019 SENATE . . . . . . . . . . . . . . No. 2055 By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2055) of Joanne M. Comerford, Rebecca L. Rausch, Michael J. Barrett, Natalie M. Blais and other members of the General Court for legislation relative to gender identity on Massachusetts identification. Transportation. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-First General Court (2019-2020) _______________ 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: 1 SECTION 1. Section 1 of chapter 46 of the General Laws is hereby amended by inserting 2 after the second paragraph the following paragraph:- 3 Upon the request of the child’s parent or legal guardian, the sex indicated on a record of 4 birth may be designated as “X” for the child’s gender in lieu of “male” or “female.” No 5 documentation shall be required for such designation. 6 SECTION 2. Section 13 of chapter 46 of the General Laws is hereby amended by striking 7 out subsection (e) and inserting in place thereof the following subsection:- 8 (e) A person over the age of 18, an emancipated minor or the parents of a minor may 9 request a change in the sex on a birth record to include, but not be limited to, “female” “male” or 10 “X.” An “X” designation may indicate nonbinary, intersex, undesignated or other gender. No 11 medical or health-care related documentation, no court order, and no proof of change of name 4 of 5 12 shall be required by a town clerk or other official in connection with a request under this 13 subsection. 14 SECTION 3. Chapter 90 of the General Laws is hereby amended by inserting after 15 section 8M the following section:- 16 Section 8N. (a) The registry of motor vehicles shall permit a person submitting an 17 application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate 18 “X” for gender in lieu of “male” or “female” on an application for a driver’s license, learner’s 19 permit, identification card or liquor purchase identification card. No documentation shall be 20 required for such designations. 21 SECTION 4. The office of the attorney general shall prepare a report listing all forms or 22 other documents of the commonwealth that require individuals to indicate their gender or sex. 23 The report shall indicate if the form or document allows a person to indicate a choice other than 24 male or female, if there is an opportunity for a person to change their indicated gender or sex, 25 and if the request for a person to indicate their sex or gender is required by federal or state law, 26 federal or state regulation, or by practice. The report shall identify the particular law or 27 regulation that is the basis for the request to indicate one’s sex or gender. The report shall be 28 filed with the governor, president of the senate and speaker of the house by January 1, 2020. 29 SECTION 5. The department of public health shall promulgate regulations to implement 30 sections 1 and 2 of the act. The registrar of motor vehicles shall promulgate regulations to 31 implement section 3 of this act. These regulations may be amended, as appropriate, to allow for a 32 person submitting an application under sections 8, 8B or 8E of chapter 90 or section 34B of 33 chapter 138 to designate “X” and additional designations for gender in lieu of “X”, “male” or 5 of 5 34 “female” if such an additional designation appropriately reflects the gender identity of 35 applicants. 36 SECTION 6. Sections 1 and 2 shall take effect on January 1, 2020.