Amendment #2 to H.3772

Amendment #2 to H3772

Floor Amendment

Mrs. Haddad of Somerset moves to amend the bill Mrs. Haddad of Somerset moves to concur with the Senate in its amendment and further amend the bill by striking out all after the enacting clause and inserting in place thereof the following:-

“SECTION 1. Section 45 of chapter 23G of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 60, the word “investment” and inserting in place thereof the following word:- development.

SECTION 2. Section 1 of chapter 23H of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word “investment” and inserting in place thereof the following word:- development.

SECTION 3. Chapter 23H of the General Laws is hereby amended by striking out section 7 , as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-

Section 7. (a) There shall be in the department, but not subject to the jurisdiction thereof, a state workforce development board, hereinafter called the board.

(b) The board shall consist of the governor or a designee; 1 member of the senate to be appointed by the senate president; 1 member of the house of representatives to be appointed by the speaker of the house; the secretary of the executive office of labor and workforce development or a designee; the secretary of the executive office of housing and economic development or a designee; the secretary of the executive office of health and human services or a designee; the secretary of the executive office of education or a designee; and 17 persons to be appointed by the governor who shall represent business and industry, who: (i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority; (ii) represent businesses, including small businesses, or organizations representing businesses that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development for in-demand industry sectors or occupations in the commonwealth; and (iii) have been nominated for appointment by commonwealth business organizations and business trade associations; 7 of whom shall be representatives of the workforce within the commonwealth, which shall include 2 representatives of labor organizations, 1 of whom shall have been nominated by commonwealth labor federations and 1 of whom shall be a representative of the National Association of Government Employees; 1 representative who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program; and 4 representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals facing barriers to employment, or experience and expertise in addressing the employment, training, or education needs of youth, including representatives of organizations that serve out-of-school youth; and 2 chief elected officials from designated local workforce development areas as defined by the federal Workforce Innovation and Opportunity Act of 2014, Public Law 113-128.

(d) The members of the board shall represent diverse geographic areas of the commonwealth, including urban, rural and suburban areas.

(e) The members shall each serve 2-year terms at the pleasure of the governor and shall serve without compensation.

(f) The governor shall select an individual to chair the board from among the members representing business and industry. The chair shall serve at the pleasure of the governor.

(g) The board shall adopt by-laws to govern its proceedings and shall carry out the responsibilities required of it under the federal Workforce Innovation and Opportunity Act of 2014. The board shall provide assessments and recommendations to the governor, the workforce skills cabinet, local workforce boards, and other entities as needed regarding the effectiveness of the public workforce development system in the commonwealth, shall assist in measuring the effectiveness of this system and in pursuing its continuous improvement, and shall generally assist in meeting the regional workforce needs of the commonwealth. The board shall seek to promote innovative and performance driven models for workforce development and shall seek to maximize the effectiveness of the local workforce boards.

(h) The administrative staff of the board shall be supervised by and shall report to the director of the department of career services. The board may contract with said department for personnel services and other operating needs. The department of career services may promulgate and carry out operational policies for the benefit of board without requiring express board approval. Notwithstanding any law or special act to the contrary, other departments, agencies, divisions, commissions, boards and bureaus of the commonwealth are authorized to provide such information and support as the board may from time to time require in the course of carrying out its responsibilities.

SECTION 4. Section 10 of said chapter 23H, as so appearing, is hereby amended by striking out, in lines 1, 5, 6, 24, 25 and 30, the word “investment” and inserting in place thereof, in each instance, the following word:- development.

SECTION 5. Section 11 of said chapter 23H, as so appearing, is hereby amended by striking out, in line 100, the word “investment” and inserting in place thereof the following word:- development.

SECTION 6. Section 2SSS of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the word “investment” and inserting in place thereof the following word:- development.

SECTION 7. Section 9 of chapter 419 of the acts of 2008 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) There shall be an education and training collaborative to develop, in conjunction with the Taunton Development Corporation, the regional education, training and skills alliance center. The education collaborative shall be managed by a board of directors which shall consist of: the presidents of Bridgewater State University, the Massachusetts Maritime Academy, Massasoit Community College, Cape Cod Community College, Bristol Community College, Wheaton College, the Massachusetts Federation of Teachers, the Massachusetts Teachers Association, the Massachusetts AFL-CIO, the Taunton Area Chamber of Commerce, Inc. or their designees; the chancellor of the University of Massachusetts at Dartmouth; the commissioner of developmental services or a designee; and the executive director of the Southeastern Regional Planning & Economic Development District or a designee. The board may, by majority vote, increase its membership to include the presidents of other institutions of higher education, the superintendents of comprehensive high schools and regional vocational technical schools housing their main campuses in southeastern Massachusetts or their designees; and the board may, by majority vote, increase its membership to include private sector industry partners; provided, however, that the number of private sector industry board members shall not represent more than 49 per cent of the board. The board, by majority vote, may form an advisory committee. Members of the board may vote according to the terms of the education collaborative agreement but the land and property management of the center shall be the responsibility of the Taunton Development Corporation.

SECTION 8. Said section 9 of said chapter 419 is hereby further amended by striking out subsection (i) and inserting in place the following subsection :-

(i) The education collaborative shall be considered a public entity and may sue and be sued to the same extent as a city, town or regional school district. The education collaborative, acting through its board of directors, may enter into contracts for the purchase of supplies, materials and services including, but not limited to, services of a nonprofit to assist with the powers and duties of the board as prescribed in the written agreement under subsection (b) and for the purchase or leasing of land, buildings and equipment as considered necessary by the board. For the purposes of this act, members of the nonprofit, whether created or contracted with as prescribed in the written agreement under subsection (b), shall not be considered state employees.”