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HOUSE DOCKET, NO. 633 FILED ON: 1/14/2023
HOUSE . . . . . . . . . . . . . . . No. 3095
The Commonwealth of Massachusetts
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PRESENTED BY:
Tram T. Nguyen and Dawne Shand
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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 promote diversity on public boards and commissions.
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PETITION OF:
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
HOUSE DOCKET, NO. 633 FILED ON: 1/14/2023
HOUSE . . . . . . . . . . . . . . . No. 3095
By Representatives Nguyen of Andover and Shand of Newburyport, a petition (accompanied by
bill, House, No. 3095) of Tram T. Nguyen, Dawne Shand and others for legislation to promote
diversity on public boards and commissions. State Administration and Regulatory Oversight.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to promote 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”, an individual who self-identifies in one or more of the following categories:
3Female, Underrepresented Minority, or LGBTQ+.
4 “Female”, an individual who self-identifies her gender as female, without regard to the
5individual’s designated sex at birth.
6 “Underrepresented Minority”, an individual who self-identifies as one or more of the
7following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska
8Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other
9similar non-white categories as reported in the Census Data.
10 “LGBTQ+”, an individual who self-identifies as any of the following: lesbian, gay,
11bisexual, transgender, or as a member of the queer community. 2 of 4
12 “Census Data”, the Decennial U.S. Census, performed by the U.S. Census Bureau every
13ten years as mandated by Article I, Section 2 of the U.S. Constitution.
14 Section 2. (a) Every appointive board or commission of the state established by the Code,
15if not otherwise provided by law, shall endeavor to have, or explain why it does not have, (1) at
16least fifty percent members who self-identify as Female, and (2) at least thirty-percent members
17who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this section,
18these percentages are met where the appointment of one additional Diverse member would cause
19the board or commission to have a Diverse composition greater than the percentages required
20herein.
21 (b) Not later than 120 days after the release of new Census Data, the governor’s office
22shall 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
24Massachusetts, as reported by the Census Data.
25 (2) The percentage in Section 1(a)(2) shall reflect the percentage population in
26Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the
27percentage population of LGBTQ+, as reported by the Census Data.
28 Section 3. Each person responsible for appointing members to a board or commission
29shall endeavor to ensure that, to the fullest extent possible, the composition of the board or
30commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make a
31focused effort to appoint Diverse members to all boards and commissions, including but not
32limited to, developing and implementing a plan to attract and recruit Diverse members; and 3 of 4
33working with community-based and professional organizations with large networks of Diverse
34individuals.
35 Section 4. (a) To track and measure progress, each public board and commission shall
36identify 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
40Minority or LGBTQ+; and
41 (4) the total number of current members who self-identify as Female and as an
42Underrepresented Minority or LGBTQ+.
43 (b) In addition, each appointing authority shall make reasonable efforts to identify and
44report 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 each
46public 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 each
48public board or commission during the time period covered by the report;
49 (3) the total number of Underrepresented Minorities and LGBTQ+ individuals who
50applied or were nominated for appointment to each public board or commission during the time
51period covered by the report; and 4 of 4
52 (4) the total number of Females who are also Underrepresented Minorities and LGBTQ+
53who applied or were nominated for appointment to each public board or commission during the
54time period covered by the report.
55 (c) The governor’s office shall publish at least once per fiscal year a report that separately
56identifies for each public board and commission the data collected and reported by such board
57and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any board or
58commission does not meet the diversity goals outlined in Section 1, the appointing authority
59shall include an explanation for why the goals were not met and describe the efforts, if any, by
60the appointing authority to increase the number of Diverse members on the board or commission.
61 (d) Any demographic data disclosed or released pursuant to this section shall disclose
62only aggregated statistical data and shall not identify an individual applicant, nominee or
63appointed board member or commissioner.