Amendment ID: H3789-2

Amendment 2

Indemnification

Ms. Chang-Diaz and Ms. Forry move to amend the bill by inserting before section 1 the following 2 sections:-

“SECTION 1. Subsection (s) of section 1J of chapter 69 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following 2 sentences:- A receiver for a chronically underperforming school shall not be required by contract to indemnify and hold harmless the commonwealth against any and all claims, liabilities and costs which arise out of the receiver’s performance of its role in the creation or implementation of the turnaround plan.  In connection with the performance of its role in the creation or implementation of the turnaround plan, the receiver may: (i) sue and be sued only to the same extent and upon the same conditions that a municipality may be sued; (ii) receive and disburse funds for the chronically underperforming school; and (iii) solicit and accept grants or gifts for the chronically underperforming school.

SECTION 2. The second paragraph of subsection (a) of section 1K of said chapter 69, as so appearing, is hereby amended by adding the following 2 sentences:- A receiver for a chronically underperforming district shall not be required by contract to indemnify and hold harmless the commonwealth against any and all claims, liabilities and costs which arise out of the receiver’s performance of its role in the creation or implementation of the turnaround plan.  In connection with the performance of its role in the creation or implementation of the turnaround plan, the receiver may: (i) sue and be sued only to the same extent and upon the same conditions that a municipality may be sued; (ii) receive and disburse funds for the chronically underperforming district; and (iii) solicit and accept grants or gifts for the district.”