Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3017 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3507 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3017
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mindy Domb and Marjorie C. Decker
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to gender identity on Massachusetts identification.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mindy Domb3rd Hampshire1/19/2023Marjorie C. Decker25th Middlesex1/20/2023Lindsay N. Sabadosa1st Hampshire1/20/2023Sean Garballey23rd Middlesex1/23/2023Natalie M. Higgins4th Worcester1/23/2023Christine P. Barber34th Middlesex1/25/2023David Paul Linsky5th Middlesex2/6/2023Carol A. Doherty3rd Bristol2/20/2023Jennifer Balinsky Armini8th Essex2/21/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3507 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3017
18	18	By Representatives Domb of Amherst and Decker of Cambridge, a petition (accompanied by
19	19	bill, House, No. 3017) of Mindy Domb, Marjorie C. Decker and others relative to gender identity
20	20	on Massachusetts identification. State Administration and Regulatory Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to gender identity on Massachusetts identification.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 13 of chapter 46 of the General Laws is hereby amended by striking
30	30	2out subsection (e) and inserting in place thereof the following subsection:-
31	31	3 (e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent
32	32	4or guardian of a person who is a minor, may request a change in the sex designation on the
33	33	5person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X.”
34	34	6An “X” designation may indicate that the person is another gender or an undesignated gender. A
35	35	7request for a change in the sex designation on a birth record shall be accompanied by an affidavit
36	36	8executed under the penalty of perjury by the person to whom the record relates, or by the parent
37	37	9or guardian of the person if the person is a minor, attesting that the request is to conform to the
38	38	10person’s gender identity and is not made for any fraudulent purpose; provided, however, that no
39	39	11medical or health-care related documentation, court order or proof of change of name shall be
40	40	12required by a town clerk or other official in connection with a request under this paragraph. 2 of 4
41	41	13 (2) A person, or the parent or guardian of a person who is a minor, who is requesting a
42	42	14change in, or who has previously changed, the sex designation on the person’s birth record
43	43	15pursuant to paragraph (1) may request a change of name on the person’s birth record. A request
44	44	16for a change of name on a birth record shall be accompanied by a certified copy of the legal
45	45	17change of name; provided, however, that no medical or health-care related documentation shall
46	46	18be required by a town clerk or other official in connection with a request under this paragraph.
47	47	19 (3) The department of public health may promulgate regulations to implement this
48	48	20subsection.
49	49	21 SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after
50	50	22section 8M the following section:-
51	51	23 Section 8N. The registry of motor vehicles shall permit a person submitting an
52	52	24application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate
53	53	25“X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit,
54	54	26identification card or liquor purchase identification card. No documentation shall be required for
55	55	27such a designation.
56	56	28 The registrar of motor vehicles may promulgate regulations to implement this section.
57	57	29The registrar shall report annually on the number of people, indicated by race and ethnicity, who
58	58	30choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor
59	59	31purchase identification card, No data shall be reported that permits the identification of an
60	60	32individual person.
61	61	33 SECTION 3. The secretary of administration and finance shall develop a plan, including
62	62	34estimated costs and a proposed timeline for implementation, to ensure that any state form or 3 of 4
63	63	35document issued by a state agency that requires an individual to indicate the individual’s gender
64	64	36shall provide an opportunity for the individual to choose a gender option other than male or
65	65	37female; provided, however, that the secretary shall ensure that such a form or document complies
66	66	38with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of
67	67	39the senate and house of representatives and the senate and house committees on ways and means
68	68	40not later than January 1, 2025.
69	69	41 SECTION 4. Agencies of the commonwealth shall take affirmative steps to inform youth
70	70	42and young adults of their options regarding sex and gender designations on state documents,
71	71	43including the “X” designation. The registry of motor vehicles, the secretary of state, and all state
72	72	44agencies that interact with youth or young adults in their care or provide them with legal
73	73	45assistance, including, but not limited to, the department of children and families, the department
74	74	46of youth services, the department of mental health, the committee for public counsel services and
75	75	47their child and family law division, shall develop and disseminate materials to inform youth and
76	76	48young adults of the provisions of this act, and develop processes to assist youth and young adults
77	77	49who wish to change their gender designation.
78	78	50 SECTION 5. Any person who experiences discrimination, threats, intimidation or
79	79	51coercion, or an attempt to discriminate, threaten, intimidate or coerce, on the basis of the gender
80	80	52indicated on state documents, including a person’s driver’s license, learner’s permit,
81	81	53identification card or liquor purchase identification card, may contact the civil rights division of
82	82	54the attorney general for investigation under section 11H of chapter 12 of the General Laws or
83	83	55any other applicable law. 4 of 4
84	84	56 SECTION 6. Section 1 shall take effect on July 1, 2024. Materials to be developed under
85	85	57section 4 shall be completed no later than 6 months after the effective date of this act.