Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3095 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 633 FILED ON: 1/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3095
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen and Dawne Shand
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 to promote diversity on public boards and commissions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/14/2023Dawne Shand1st Essex1/19/2023Tackey Chan2nd Norfolk1/24/2023Margaret R. Scarsdale1st Middlesex1/26/2023Christine P. Barber34th Middlesex1/27/2023Erika Uyterhoeven27th Middlesex2/1/2023Vanna Howard17th Middlesex2/2/2023Rady Mom18th Middlesex2/2/2023Michelle M. DuBois10th Plymouth2/7/2023Priscila S. Sousa6th Middlesex2/14/2023Adrian C. Madaro1st Suffolk2/21/2023Jason M. LewisFifth Middlesex2/23/2023Rodney M. Elliott16th Middlesex3/5/2023Sean Garballey23rd Middlesex3/8/2023Samantha Montaño15th Suffolk3/14/2023 1 of 4
16	16	HOUSE DOCKET, NO. 633 FILED ON: 1/14/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3095
18	18	By Representatives Nguyen of Andover and Shand of Newburyport, a petition (accompanied by
19	19	bill, House, No. 3095) of Tram T. Nguyen, Dawne Shand and others for legislation to promote
20	20	diversity on public boards and commissions. 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 to promote diversity on public boards and commissions.
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. Definitions
30	30	2 “Diverse”, an individual who self-identifies in one or more of the following categories:
31	31	3Female, Underrepresented Minority, or LGBTQ+.
32	32	4 “Female”, an individual who self-identifies her gender as female, without regard to the
33	33	5individual’s designated sex at birth.
34	34	6 “Underrepresented Minority”, an individual who self-identifies as one or more of the
35	35	7following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska
36	36	8Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other
37	37	9similar non-white categories as reported in the Census Data.
38	38	10 “LGBTQ+”, an individual who self-identifies as any of the following: lesbian, gay,
39	39	11bisexual, transgender, or as a member of the queer community. 2 of 4
40	40	12 “Census Data”, the Decennial U.S. Census, performed by the U.S. Census Bureau every
41	41	13ten years as mandated by Article I, Section 2 of the U.S. Constitution.
42	42	14 Section 2. (a) Every appointive board or commission of the state established by the Code,
43	43	15if not otherwise provided by law, shall endeavor to have, or explain why it does not have, (1) at
44	44	16least fifty percent members who self-identify as Female, and (2) at least thirty-percent members
45	45	17who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this section,
46	46	18these percentages are met where the appointment of one additional Diverse member would cause
47	47	19the board or commission to have a Diverse composition greater than the percentages required
48	48	20herein.
49	49	21 (b) Not later than 120 days after the release of new Census Data, the governor’s office
50	50	22shall amend the percentages in Section 1(a) where necessary to meet the following criteria:
51	51	23 (1) The percentage in Section 1(a)(1) shall reflect the female population in
52	52	24Massachusetts, as reported by the Census Data.
53	53	25 (2) The percentage in Section 1(a)(2) shall reflect the percentage population in
54	54	26Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the
55	55	27percentage population of LGBTQ+, as reported by the Census Data.
56	56	28 Section 3. Each person responsible for appointing members to a board or commission
57	57	29shall endeavor to ensure that, to the fullest extent possible, the composition of the board or
58	58	30commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make a
59	59	31focused effort to appoint Diverse members to all boards and commissions, including but not
60	60	32limited to, developing and implementing a plan to attract and recruit Diverse members; and 3 of 4
61	61	33working with community-based and professional organizations with large networks of Diverse
62	62	34individuals.
63	63	35 Section 4. (a) To track and measure progress, each public board and commission shall
64	64	36identify and report to the governor’s office at least once per fiscal year:
65	65	37 (1) the total number of current members;
66	66	38 (2) the total number of current members who self-identify as Female;
67	67	39 (3) the total number of current members who self-identify as an Underrepresented
68	68	40Minority or LGBTQ+; and
69	69	41 (4) the total number of current members who self-identify as Female and as an
70	70	42Underrepresented Minority or LGBTQ+.
71	71	43 (b) In addition, each appointing authority shall make reasonable efforts to identify and
72	72	44report to the governor’s office at least once per fiscal year:
73	73	45 (1) the total number of persons who applied or were nominated for appointment to each
74	74	46public board or commission during the time period covered by the report;
75	75	47 (2) the total number of Females who applied or were nominated for appointment to each
76	76	48public board or commission during the time period covered by the report;
77	77	49 (3) the total number of Underrepresented Minorities and LGBTQ+ individuals who
78	78	50applied or were nominated for appointment to each public board or commission during the time
79	79	51period covered by the report; and 4 of 4
80	80	52 (4) the total number of Females who are also Underrepresented Minorities and LGBTQ+
81	81	53who applied or were nominated for appointment to each public board or commission during the
82	82	54time period covered by the report.
83	83	55 (c) The governor’s office shall publish at least once per fiscal year a report that separately
84	84	56identifies for each public board and commission the data collected and reported by such board
85	85	57and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any board or
86	86	58commission does not meet the diversity goals outlined in Section 1, the appointing authority
87	87	59shall include an explanation for why the goals were not met and describe the efforts, if any, by
88	88	60the appointing authority to increase the number of Diverse members on the board or commission.
89	89	61 (d) Any demographic data disclosed or released pursuant to this section shall disclose
90	90	62only aggregated statistical data and shall not identify an individual applicant, nominee or
91	91	63appointed board member or commissioner.