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| 2 | 2 | | FILED ON: 7/28/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2429 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _______________ |
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| 6 | 6 | | In the One Hundred and Ninety-Third General Court |
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| 7 | 7 | | (2023-2024) |
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| 8 | 8 | | _______________ |
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| 9 | 9 | | An Act relative to gender identity on Massachusetts identification. |
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| 10 | 10 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 11 | 11 | | of the same, as follows: |
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| 12 | 12 | | 1 SECTION 1. Section 13 of chapter 46 of the General Laws, as appearing in the 2022 |
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| 13 | 13 | | 2Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof |
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| 14 | 14 | | 3the following subsection:- |
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| 15 | 15 | | 4 (e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent |
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| 16 | 16 | | 5or guardian of a person who is a minor, may request a change in the sex designation on the |
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| 17 | 17 | | 6person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X”. |
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| 18 | 18 | | 7An “X” designation may indicate that the person is another gender or an undesignated gender. A |
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| 19 | 19 | | 8request for a change in the sex designation on a birth record shall be accompanied by an affidavit |
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| 20 | 20 | | 9executed under the penalty of perjury by the person to whom the record relates, or by the parent |
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| 21 | 21 | | 10or guardian of the person if the person is a minor, attesting that the request is to conform to the |
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| 22 | 22 | | 11person’s gender identity and is not made for any fraudulent purpose; provided, however, that no |
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| 23 | 23 | | 12medical or healthcare related documentation, court order or proof of change of name shall be |
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| 24 | 24 | | 13required by a town clerk or other official in connection with a request under this paragraph. 2 of 5 |
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| 25 | 25 | | 14 (2) A person who is over the age of 18 or who is an emancipated minor, or the parent or |
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| 26 | 26 | | 15guardian of a person who is a minor, who requests a change in, the sex designation on the |
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| 27 | 27 | | 16person’s birth record pursuant to paragraph (1) may request a change of name on the person’s |
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| 28 | 28 | | 17birth record. A request for a change of name on a birth record shall be accompanied by a |
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| 29 | 29 | | 18certified copy of the legal change of name; provided, however, that no medical or healthcare |
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| 30 | 30 | | 19related documentation shall be required by a town clerk or other official in connection with a |
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| 31 | 31 | | 20request under this paragraph. |
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| 32 | 32 | | 21 (3) A person who is over the age of 18 or who is an emancipated minor, or the parent or |
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| 33 | 33 | | 22guardian of a person who is a minor, who has changed the sex designation on the person’s birth |
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| 34 | 34 | | 23record pursuant to paragraph (1) but did not request a change of name on the person’s birth |
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| 35 | 35 | | 24record pursuant to paragraph (2) may request a change of name on the person’s birth record |
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| 36 | 36 | | 25within 3 years from the date of the change in the sex designation on the person’s birth record |
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| 37 | 37 | | 26pursuant to said paragraph (1); provided, however, that a person whose sex designation on their |
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| 38 | 38 | | 27birth record was changed while the person was a minor shall have 3 years from the date of their |
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| 39 | 39 | | 28eighteenth birthday to request a change of name on the person’s birth record; provided further |
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| 40 | 40 | | 29that the department may waive the 3 year limitation for a person that demonstrates good cause, |
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| 41 | 41 | | 30as determined by the department. A request for a change of name on a birth record shall be |
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| 42 | 42 | | 31accompanied by a certified copy of the legal change of name; provided, however, that no |
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| 43 | 43 | | 32medical or healthcare related documentation shall be required by a town clerk or other official in |
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| 44 | 44 | | 33connection with a request under this paragraph. |
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| 45 | 45 | | 34 (4) The department of public health may promulgate regulations to implement this |
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| 46 | 46 | | 35subsection. 3 of 5 |
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| 47 | 47 | | 36 SECTION 1A. Said section 13 of said chapter 46, as so appearing, is hereby further |
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| 48 | 48 | | 37amended by adding the following subsection:- |
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| 49 | 49 | | 38 (l)(1) The state registrar or town clerk shall amend a certificate of marriage for a person |
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| 50 | 50 | | 39who has a certificate of marriage and submits an application in a form approved by the |
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| 51 | 51 | | 40department that includes: |
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| 52 | 52 | | 41 (i) an affidavit executed by the person to whom the record change relates attesting, under |
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| 53 | 53 | | 42penalty of perjury, that: (A) the request is to conform to the affiant’s gender identity; (B) the |
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| 54 | 54 | | 43request is not made for any fraudulent purpose; and (C) the marriage is still legally intact; and |
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| 55 | 55 | | 44 (ii) a notarized statement from the spouse named on the certificate of marriage to be |
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| 56 | 56 | | 45amended consenting to the amendment of the certificate of marriage. |
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| 57 | 57 | | 46 (2) A person may amend a gender designation on a certificate of marriage to a gender |
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| 58 | 58 | | 47designation including, but not limited to, “female”, “male” or “X”. An “X” designation may |
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| 59 | 59 | | 48indicate that the person is another gender or an undesignated gender. |
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| 60 | 60 | | 49 (3) A person may request to amend their name on a certificate of marriage. A request for |
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| 61 | 61 | | 50a change of name on a certificate of marriage shall be accompanied by a certified copy of the |
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| 62 | 62 | | 51legal change of name; provided, however, that no medical or healthcare related documentation |
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| 63 | 63 | | 52shall be required by a town clerk or other official in connection with a request under this |
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| 64 | 64 | | 53subsection. |
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| 65 | 65 | | 54 SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after |
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| 66 | 66 | | 55section 8M the following section:- 4 of 5 |
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| 67 | 67 | | 56 Section 8N. The registry of motor vehicles shall permit a person submitting an |
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| 68 | 68 | | 57application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate |
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| 69 | 69 | | 58“X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, |
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| 70 | 70 | | 59identification card or liquor purchase identification card. No documentation shall be required for |
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| 71 | 71 | | 60such a designation. |
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| 72 | 72 | | 61 The registrar of motor vehicles shall report annually to the chairs of the joint committee |
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| 73 | 73 | | 62on transportation on the number of people, indicated by race and ethnicity, who choose an “X” |
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| 74 | 74 | | 63designation on their driver’s license, learner’s permit, identification card or liquor purchase |
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| 75 | 75 | | 64identification card; provided, however, that data included in the report shall be de-identified so |
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| 76 | 76 | | 65that the identification of an individual person cannot be ascertained. |
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| 77 | 77 | | 66 The registrar of motor vehicles may promulgate regulations to implement this section. |
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| 78 | 78 | | 67 SECTION 3. The secretary of administration and finance shall develop a plan, including |
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| 79 | 79 | | 68estimated costs and a proposed timeline for implementation, to ensure that any state form or |
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| 80 | 80 | | 69document issued by a state agency that requires an individual to indicate the individual’s gender |
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| 81 | 81 | | 70shall provide an opportunity for the individual to choose a gender option other than male or |
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| 82 | 82 | | 71female; provided, however, that the secretary shall ensure that such a form or document complies |
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| 83 | 83 | | 72with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of |
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| 84 | 84 | | 73the senate and house of representatives and the senate and house committees on ways and means |
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| 85 | 85 | | 74not later than January 1, 2025. |
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| 86 | 86 | | 75 SECTION 4. Not later than 6 months after the effective date of this act, the registry of |
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| 87 | 87 | | 76motor vehicles, the state secretary and any state agency that interacts with youth or young adults |
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| 88 | 88 | | 77in their care or provides youth or young adults with legal assistance, including, but not limited to, 5 of 5 |
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| 89 | 89 | | 78the department of children and families, the department of youth services, the department of |
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| 90 | 90 | | 79mental health and the committee for public counsel services, shall develop materials for |
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| 91 | 91 | | 80dissemination to inform youth and young adults of the options regarding sex and gender |
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| 92 | 92 | | 81designations on state forms and documents pursuant to this act and develop processes to assist |
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| 93 | 93 | | 82youth and young adults who wish to change their gender designation. |
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| 94 | 94 | | 83 SECTION 5. Section 1 shall take effect on July 1, 2024. |
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