Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2207 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1415 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2207
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 :Joanne M. ComerfordHampshire, Franklin and WorcesterMindy Domb3rd Hampshire1/27/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/29/2023Jason M. LewisFifth Middlesex1/31/2023Michael J. BarrettThird Middlesex1/31/2023James B. EldridgeMiddlesex and Worcester2/9/2023Julian CyrCape and Islands2/22/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023Patricia D. JehlenSecond Middlesex3/2/2023 1 of 4
16	16	SENATE DOCKET, NO. 1415 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2207
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2207) of Joanne M. Comerford,
19	19	Mindy Domb, Jacob R. Oliveira, Jason M. Lewis and other members of the General Court for
20	20	legislation relative to gender identity on Massachusetts identification. Transportation.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2282 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to gender identity on Massachusetts identification.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 13 of chapter 46 of the General Laws is hereby amended by striking
32	32	2out subsection (e) and inserting in place thereof the following subsection:-
33	33	3 (e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent
34	34	4or guardian of a person who is a minor, may request a change in the sex designation on the
35	35	5person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X.”
36	36	6An “X” designation may indicate that the person is another gender or an undesignated gender. A
37	37	7request for a change in the sex designation on a birth record shall be accompanied by an affidavit
38	38	8executed under the penalty of perjury by the person to whom the record relates, or by the parent
39	39	9or guardian of the person if the person is a minor, attesting that the request is to conform to the
40	40	10person’s gender identity and is not made for any fraudulent purpose; provided, however, that no 2 of 4
41	41	11medical or health-care related documentation, court order or proof of change of name shall be
42	42	12required by a town clerk or other official in connection with a request under this paragraph.
43	43	13 (2) A person, or the parent or guardian of a person who is a minor, who is requesting a
44	44	14change in, or who has previously changed, the sex designation on the person’s birth record
45	45	15pursuant to paragraph (1) may request a change of name on the person’s birth record. A request
46	46	16for a change of name on a birth record shall be accompanied by a certified copy of the legal
47	47	17change of name; provided, however, that no medical or health-care related documentation shall
48	48	18be required by a town clerk or other official in connection with a request under this paragraph.
49	49	19 (3) The department of public health may promulgate regulations to implement this
50	50	20subsection.
51	51	21 SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after
52	52	22section 8M the following section:-
53	53	23 Section 8N. The registry of motor vehicles shall permit a person submitting an
54	54	24application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate
55	55	25“X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit,
56	56	26identification card or liquor purchase identification card. No documentation shall be required for
57	57	27such a designation.
58	58	28 The registrar of motor vehicles may promulgate regulations to implement this section.
59	59	29The registrar shall report annually on the number of people, indicated by race and ethnicity, who
60	60	30choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor
61	61	31purchase identification card. No data shall be reported that permits the identification of an
62	62	32individual person. 3 of 4
63	63	33 SECTION 3. The secretary of administration and finance shall develop a plan, including
64	64	34estimated costs and a proposed timeline for implementation, to ensure that any state form or
65	65	35document issued by a state agency that requires an individual to indicate the individual’s gender
66	66	36shall provide an opportunity for the individual to choose a gender option other than male or
67	67	37female; provided, however, that the secretary shall ensure that such a form or document complies
68	68	38with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of
69	69	39the senate and house of representatives and the senate and house committees on ways and means
70	70	40not later than January 1, 2025.
71	71	41 SECTION 4. Agencies of the commonwealth shall take affirmative steps to inform youth
72	72	42and young adults of their options regarding sex and gender designations on state documents,
73	73	43including the “X” designation. The registry of motor vehicles, the secretary of state, and all state
74	74	44agencies that interact with youth or young adults in their care or provide them with legal
75	75	45assistance, including, but not limited to, the department of children and families, the department
76	76	46of youth services, the department of mental health, the committee for public counsel services and
77	77	47their child and family law division, shall develop and disseminate materials to inform youth and
78	78	48young adults of the provisions of this act, and develop processes to assist youth and young adults
79	79	49who wish to change their gender designation.
80	80	50 SECTION 5. Any person who experiences discrimination, threats, intimidation or
81	81	51coercion, or an attempt to discriminate, threaten, intimidate or coerce, on the basis of the gender
82	82	52indicated on state documents, including a person’s driver’s license, learner’s permit,
83	83	53identification card or liquor purchase identification card, may contact the civil rights division of
84	84	54the attorney general for investigation under section 11H of chapter 12 of the General Laws or
85	85	55any other applicable law. 4 of 4
86	86	56 SECTION 6. Section 1 shall take effect on July 1, 2024. Materials to be developed under
87	87	57section 4 shall be completed no later than 6 months after the effective date of this act.