Massachusetts 2023 2023-2024 Regular Session

Massachusetts Senate Bill S2029 Introduced / Bill

Filed 02/16/2023

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SENATE DOCKET, NO. 1060       FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 2029
The Commonwealth of Massachusetts
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PRESENTED BY:
Liz Miranda
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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 gender and racial diversity on public boards and commissions.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkSal N. DiDomenicoMiddlesex and Suffolk2/7/2023 1 of 4
SENATE DOCKET, NO. 1060       FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 2029
By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2029) of Liz Miranda and Sal N. 
DiDomenico for legislation to promote gender and racial 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 gender and racial 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 
15Code, 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 
17members who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this 
18section, these percentages are met where the appointment of one additional Diverse member 
19would cause the board or commission to have a Diverse composition greater than the percentages 
20required herein.
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.