Text of MA S 2207 (2023)

1 of 1 SENATE DOCKET, NO. 1415 FILED ON: 1/19/2023 SENATE . . . . . . . . . . . . . . No. 2207 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 Mindy Domb 3rd Hampshire 1/27/2023 Jacob R. Oliveira Hampden, Hampshire and Worcester 1/29/2023 Jason M. Lewis Fifth Middlesex 1/31/2023 Michael J. Barrett Third Middlesex 1/31/2023 James B. Eldridge Middlesex and Worcester 2/9/2023 Julian Cyr Cape and Islands 2/22/2023 Rebecca L. Rausch Norfolk, Worcester and Middlesex 2/23/2023 Patricia D. Jehlen Second Middlesex 3/2/2023 1 of 4 SENATE DOCKET, NO. 1415 FILED ON: 1/19/2023 SENATE . . . . . . . . . . . . . . No. 2207 By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2207) of Joanne M. Comerford, Mindy Domb, Jacob R. Oliveira, Jason M. Lewis and other members of the General Court for legislation relative to gender identity on Massachusetts identification. Transportation. [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) _______________ 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 13 of chapter 46 of the General Laws is hereby amended by striking 2 out subsection (e) and inserting in place thereof the following subsection:- 3 (e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent 4 or guardian of a person who is a minor, may request a change in the sex designation on the 5 person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X.” 6 An “X” designation may indicate that the person is another gender or an undesignated gender. A 7 request for a change in the sex designation on a birth record shall be accompanied by an affidavit 8 executed under the penalty of perjury by the person to whom the record relates, or by the parent 9 or guardian of the person if the person is a minor, attesting that the request is to conform to the 10 person’s gender identity and is not made for any fraudulent purpose; provided, however, that no 2 of 4 11 medical or health-care related documentation, court order or proof of change of name shall be 12 required by a town clerk or other official in connection with a request under this paragraph. 13 (2) A person, or the parent or guardian of a person who is a minor, who is requesting a 14 change in, or who has previously changed, the sex designation on the person’s birth record 15 pursuant to paragraph (1) may request a change of name on the person’s birth record. A request 16 for a change of name on a birth record shall be accompanied by a certified copy of the legal 17 change of name; provided, however, that no medical or health-care related documentation shall 18 be required by a town clerk or other official in connection with a request under this paragraph. 19 (3) The department of public health may promulgate regulations to implement this 20 subsection. 21 SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after 22 section 8M the following section:- 23 Section 8N. The registry of motor vehicles shall permit a person submitting an 24 application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate 25 “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, 26 identification card or liquor purchase identification card. No documentation shall be required for 27 such a designation. 28 The registrar of motor vehicles may promulgate regulations to implement this section. 29 The registrar shall report annually on the number of people, indicated by race and ethnicity, who 30 choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor 31 purchase identification card. No data shall be reported that permits the identification of an 32 individual person. 3 of 4 33 SECTION 3. The secretary of administration and finance shall develop a plan, including 34 estimated costs and a proposed timeline for implementation, to ensure that any state form or 35 document issued by a state agency that requires an individual to indicate the individual’s gender 36 shall provide an opportunity for the individual to choose a gender option other than male or 37 female; provided, however, that the secretary shall ensure that such a form or document complies 38 with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of 39 the senate and house of representatives and the senate and house committees on ways and means 40 not later than January 1, 2025. 41 SECTION 4. Agencies of the commonwealth shall take affirmative steps to inform youth 42 and young adults of their options regarding sex and gender designations on state documents, 43 including the “X” designation. The registry of motor vehicles, the secretary of state, and all state 44 agencies that interact with youth or young adults in their care or provide them with legal 45 assistance, including, but not limited to, the department of children and families, the department 46 of youth services, the department of mental health, the committee for public counsel services and 47 their child and family law division, shall develop and disseminate materials to inform youth and 48 young adults of the provisions of this act, and develop processes to assist youth and young adults 49 who wish to change their gender designation. 50 SECTION 5. Any person who experiences discrimination, threats, intimidation or 51 coercion, or an attempt to discriminate, threaten, intimidate or coerce, on the basis of the gender 52 indicated on state documents, including a person’s driver’s license, learner’s permit, 53 identification card or liquor purchase identification card, may contact the civil rights division of 54 the attorney general for investigation under section 11H of chapter 12 of the General Laws or 55 any other applicable law. 4 of 4 56 SECTION 6. Section 1 shall take effect on July 1, 2024. Materials to be developed under 57 section 4 shall be completed no later than 6 months after the effective date of this act.