Text of MA S 2016 (2023)

1 of 1 SENATE DOCKET, NO. 920 FILED ON: 1/18/2023 SENATE . . . . . . . . . . . . . . No. 2016 The Commonwealth of Massachusetts _________________ PRESENTED BY: Jason M. Lewis _________________ 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 to ensure gender parity and racial and ethnic diversity on public boards and commissions. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Jason M. Lewis Fifth Middlesex Rebecca L. Rausch Norfolk, Worcester and Middlesex 1/23/2023 Vanna Howard 17th Middlesex 2/1/2023 Sal N. DiDomenico Middlesex and Suffolk 2/8/2023 1 of 4 SENATE DOCKET, NO. 920 FILED ON: 1/18/2023 SENATE . . . . . . . . . . . . . . No. 2016 By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2016) of Jason M. Lewis, Rebecca L. Rausch, Vanna Howard and Sal N. DiDomenico for legislation to ensure gender parity and racial and ethnic diversity on public boards and commissions. State Administration and Regulatory Oversight. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 2077 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to ensure gender parity and racial and ethnic diversity on public boards and commissions. 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. Definitions. 2 “Diverse” means an individual who self-identifies in one or more of the following 3 categories: Female, Underrepresented Minority, or LGBTQ+. 4 “Female” means an individual who self-identifies her gender as female, without regard to 5 the individual’s designated sex at birth. 6 “Underrepresented Minority” means an individual who self-identifies as one or more of 7 the following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska 2 of 4 8 Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other 9 similar non-white categories as reported in the Census Data. 10 “LGBTQ+” means an individual who self-identifies as any of the following: lesbian, gay, 11 bisexual, transgender, or as a member of the queer community. 12 “Census Data” means the Decennial U.S. Census, performed by the U.S. Census Bureau 13 every ten years as mandated by Article I, Section 2 of the Constitution. 14 SECTION 2. (a) Every appointive board or commission of the state established by the 15 Code, if not otherwise provided by law, shall endeavor to have, or explain why it does not have, 16 (1) at least fifty percent members who self-identify as Female, and (2) at least thirty-percent 17 members who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this 18 section, these percentages are met where the appointment of one additional Diverse member 19 would cause the board or commission to have a Diverse composition greater than the percentages 20 required herein. 21 (b) Not later than 120 days after the release of new Census Data, the governor’s office 22 shall amend the percentages in Section 1(a) where necessary to meet the following criteria: 23 (1) The percentage in Section 1(a)(1) shall reflect the female population in 24 Massachusetts, as reported by the Census Data. 25 (2) The percentage in Section 1(a)(2) shall reflect the percentage population in 26 Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the 27 percentage population of LGBTQ+, as reported by the Census Data. 3 of 4 28 SECTION 3. Each person responsible for appointing members to a board or commission 29 shall endeavor to ensure that, to the fullest extent possible, the composition of the board or 30 commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make 31 a focused effort to appoint Diverse members to all boards and commissions, including but not 32 limited to, developing and implementing a plan to attract and recruit Diverse members; and 33 working with community-based and professional organizations with large networks of Diverse 34 individuals. 35 SECTION 4. (a) To track and measure progress, each public board and commission shall 36 identify and report to the governor’s office at least once per fiscal year: 37 (1) the total number of current members; 38 (2) the total number of current members who self-identify as Female; 39 (3) the total number of current members who self-identify as an Underrepresented 40 Minority or LGBTQ+; and 41 (4) the total number of current members who self-identify as Female and as an 42 Underrepresented Minority or LGBTQ+. 43 (b) In addition, each appointing authority shall make reasonable efforts to identify and 44 report to the governor’s office at least once per fiscal year: 45 (1) the total number of persons who applied or were nominated for appointment to 46 each public board or commission during the time period covered by the report; 47 (2) the total number of Females who applied or were nominated for appointment to 48 each public board or commission during the time period covered by the report; 4 of 4 49 (3) the total number of Underrepresented Minorities and LGBTQ+ individuals who 50 applied or were nominated for appointment to each public board or commission during the time 51 period covered by the report; and 52 (4) the total number of Females who are also Underrepresented Minorities and 53 LGBTQ+ who applied or were nominated for appointment to each public board or commission 54 during the time period covered by the report. 55 (c) The governor’s office shall publish at least once per fiscal year a report that 56 separately identifies for each public board and commission the data collected and reported by 57 such board and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any 58 board or commission does not meet the diversity goals outlined in Section 1, the appointing 59 authority shall include an explanation for why the goals were not met and describe the efforts, if 60 any, by the appointing authority to increase the number of Diverse members on the board or 61 commission. 62 (d) Any demographic data disclosed or released pursuant to this section shall disclose 63 only aggregated statistical data and shall not identify an individual applicant, nominee or 64 appointed board member or commissioner.