Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2016 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. 920 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2016
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 ensure gender parity and racial and ethnic diversity on public boards and commissions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexRebecca L. RauschNorfolk, Worcester and Middlesex1/23/2023Vanna Howard17th Middlesex2/1/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023 1 of 4
16	16	SENATE DOCKET, NO. 920 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2016
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2016) of Jason M. Lewis, Rebecca L.
19	19	Rausch, Vanna Howard and Sal N. DiDomenico for legislation to ensure gender parity and racial
20	20	and ethnic diversity on public boards and commissions. State Administration and Regulatory
21	21	Oversight.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 2077 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to ensure gender parity and racial and ethnic diversity on public boards and commissions.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Definitions.
33	33	2 “Diverse” means an individual who self-identifies in one or more of the following
34	34	3categories: Female, Underrepresented Minority, or LGBTQ+.
35	35	4 “Female” means an individual who self-identifies her gender as female, without regard to
36	36	5the individual’s designated sex at birth.
37	37	6 “Underrepresented Minority” means an individual who self-identifies as one or more of
38	38	7the following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska 2 of 4
39	39	8Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other
40	40	9similar non-white categories as reported in the Census Data.
41	41	10 “LGBTQ+” means an individual who self-identifies as any of the following: lesbian, gay,
42	42	11bisexual, transgender, or as a member of the queer community.
43	43	12 “Census Data” means the Decennial U.S. Census, performed by the U.S. Census Bureau
44	44	13every ten years as mandated by Article I, Section 2 of the Constitution.
45	45	14 SECTION 2. (a) Every appointive board or commission of the state established by the
46	46	15Code, if not otherwise provided by law, shall endeavor to have, or explain why it does not have,
47	47	16(1) at least fifty percent members who self-identify as Female, and (2) at least thirty-percent
48	48	17members who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this
49	49	18section, these percentages are met where the appointment of one additional Diverse member
50	50	19would cause the board or commission to have a Diverse composition greater than the percentages
51	51	20required herein.
52	52	21 (b) Not later than 120 days after the release of new Census Data, the governor’s office
53	53	22shall amend the percentages in Section 1(a) where necessary to meet the following criteria:
54	54	23 (1) The percentage in Section 1(a)(1) shall reflect the female population in
55	55	24Massachusetts, as reported by the Census Data.
56	56	25 (2) The percentage in Section 1(a)(2) shall reflect the percentage population in
57	57	26Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the
58	58	27percentage population of LGBTQ+, as reported by the Census Data. 3 of 4
59	59	28 SECTION 3. Each person responsible for appointing members to a board or commission
60	60	29shall endeavor to ensure that, to the fullest extent possible, the composition of the board or
61	61	30commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make
62	62	31a focused effort to appoint Diverse members to all boards and commissions, including but not
63	63	32limited to, developing and implementing a plan to attract and recruit Diverse members; and
64	64	33working with community-based and professional organizations with large networks of Diverse
65	65	34individuals.
66	66	35 SECTION 4. (a) To track and measure progress, each public board and commission shall
67	67	36identify and report to the governor’s office at least once per fiscal year:
68	68	37 (1)the total number of current members;
69	69	38 (2)the total number of current members who self-identify as Female;
70	70	39 (3)the total number of current members who self-identify as an Underrepresented
71	71	40Minority or LGBTQ+; and
72	72	41 (4)the total number of current members who self-identify as Female and as an
73	73	42Underrepresented Minority or LGBTQ+.
74	74	43 (b) In addition, each appointing authority shall make reasonable efforts to identify and
75	75	44report to the governor’s office at least once per fiscal year:
76	76	45 (1)the total number of persons who applied or were nominated for appointment to
77	77	46each public board or commission during the time period covered by the report;
78	78	47 (2)the total number of Females who applied or were nominated for appointment to
79	79	48each public board or commission during the time period covered by the report; 4 of 4
80	80	49 (3)the total number of Underrepresented Minorities and LGBTQ+ individuals who
81	81	50applied or were nominated for appointment to each public board or commission during the time
82	82	51period covered by the report; and
83	83	52 (4)the total number of Females who are also Underrepresented Minorities and
84	84	53LGBTQ+ who applied or were nominated for appointment to each public board or commission
85	85	54during the time period covered by the report.
86	86	55 (c) The governor’s office shall publish at least once per fiscal year a report that
87	87	56separately identifies for each public board and commission the data collected and reported by
88	88	57such board and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any
89	89	58board or commission does not meet the diversity goals outlined in Section 1, the appointing
90	90	59authority shall include an explanation for why the goals were not met and describe the efforts, if
91	91	60any, by the appointing authority to increase the number of Diverse members on the board or
92	92	61commission.
93	93	62 (d) Any demographic data disclosed or released pursuant to this section shall disclose
94	94	63only aggregated statistical data and shall not identify an individual applicant, nominee or
95	95	64appointed board member or commissioner.