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  • Acts
  • 2011
  • Chapter 3 AN ACT REORGANIZING THE EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Section 1 of chapter 5 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 29 and 30, 34, 48, and 66, the words “and workforce development, and inserting in place thereof the following word:- standards
SECTION 2. Section 81 of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 18 to 20, the words “division of industrial accidents in the department of labor and workforce development, the division of employment and training in said department”, and inserting in place thereof the following words:- department of industrial accidents in the executive office of labor and workforce development, the department of career services in the executive office of labor and workforce development
SECTION 3. Said section 81 of chapter 6, as so appearing, is hereby further amended by striking, in lines 28 and 29, the words “division of employment and training”, and inserting in place thereof the following words:- department of career services
SECTION 4. Said section 81 of chapter 6, as so appearing, is hereby further amended by striking, in lines 31 and 32, the words “public employment offices established in said division, by section nine M of chapter twenty-three”, and inserting in place thereof the following words:- appropriate one-stop career centers
SECTION 5. Section 91 of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 12, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 6. Said section 91 of chapter 6, as so appearing, is hereby further amended by striking, in line 14, the word “division”, and inserting in place thereof the following word:- department
SECTION 7. Section 105 of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 6, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 8. Said section 105 of chapter 6, as so appearing, is hereby further amended by striking, in line 10, the words “deputy director of employment and training”, and inserting in place thereof the following words:- director of career services
SECTION 9. Said section 105 of chapter 6, as so appearing, is hereby further amended by striking, in line 10, the word “commissioner”, and inserting in place thereof the following words:- director
SECTION 10. Section 190 of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 11. Subsection (k) of section 16G of chapter 6A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 77 to 79, the words “division of unemployment assistance, the department of labor; and the department of workforce development”, and inserting in place thereof the following words:- department of unemployment assistance, the department of career services, and the executive office of labor and workforce development
SECTION 12. Section 17C of chapter 6A of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 13. Section 22 of chapter 7 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 72, 76, 86, 88, 90 and 91, and 120, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 14. Section 17 of chapter 21A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 3, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 15. Section 4 of chapter 21I of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 6, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 16. Section 6 of chapter 21I of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 83, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 17. Section 1 of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 8 and 9, the words “the department of labor and the department of workforce development”, and inserting in place thereof the following words:- the department of unemployment assistance, the department of career services, the department of industrial accidents, the department of labor standards, and the department of labor relations. Each department shall be headed by a director. The executive office shall be organized and shall function as a single state agency with the authority and control for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate offices, departments and divisions within the office and may designate such functions 'core administrative functions' in order to improve administrative efficiency and preserve fiscal resources; provided, however, that common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, financial management, information technology, legal, procurement and asset management.
SECTION 18. Section 1A of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 19. Section 2 of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 20. Section 3 of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed and any all authority and responsibility formerly held by the Director of the Department of Labor shall be held by the Secretary of the Executive Office of Labor and Workforce Development.
SECTION 21. Section 3A of chapter 23, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 1 and 2, the words “division of occupational safety within the department of economic security”, in inserting in place thereof the following words:- department of labor standards
SECTION 22. Section 3A of chapter 23, as so appearing, is hereby further amended by striking, in lines 7, 8, 9, 10, 12, 15, 17, 19, 21, 24, and 25, the words “division of occupational safety” and inserting in place thereof the following words:- department of labor standards
SECTION 23. Section 4 of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 24. Section 9H of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 5, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 25. Section 9J of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 2, and 5, the words “director of workforce development”, and inserting in place thereof the following words:- director of unemployment assistance
SECTION 26. Section 9J of chapter 23, as so appearing, is hereby further amended by striking, in lines 6 to 8, the words “The director shall seek the approval of the director of workforce development where said changes may affect the operations of the free public employment offices.”
SECTION 27. Section 9J of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 16 an 17, the word “commissioner”, and inserting in place thereof the following words:- director of unemployment assistance
SECTION 28. Subsection (a) of section 9N of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 1, the word “division”, and inserting in place thereof the following word:- department
SECTION 29. Subsection (a) of section 9N of chapter 23, as so appearing, is hereby further amended by striking, in lines 2, 26, 54, 55, and 62, the words “deputy director”, and inserting in place thereof the following word:- director
SECTION 30. Subsection (a) of said section 9N, as so appearing, is hereby further amended by striking, in lines 4 and 5, the words “; with the advice and consent of the council”
SECTION 31. Subsection (a) of said section 9N, as so appearing, is hereby further amended by striking, in lines 15, the words “, with like advice and consent,”
SECTION 32. Subsection (a) of said section 9N, as so appearing, is hereby further amended by striking, in lines 62 to 65, the words “If the candidate is appointed or reappointed by the governor the performance evaluation and any ratings by the council shall be forwarded to the executive council.”
SECTION 33. Section 9O of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 1 and 9, the words “department of labor”, and inserting in place thereof the following words:- executive office of labor and workforce development a department
SECTION 34. Section 9O of chapter 23, as so appearing, is hereby further amended by striking, in lines 1, 2, 3, 4, 7, and 15 the word “division”, and inserting in place thereof the following word:- department
SECTION 35. Section 9O of chapter 23, as so appearing, is hereby further amended by striking, in lines 7, 8, and 9, the words “department of labor”, and inserting in place thereof the following words:- executive office
SECTION 36. Subsection (a) of section 9Q of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 1, by striking the words “division”, and inserting in place thereof the following word:- department
SECTION 37. Subsection (b) of section 9Q of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 19, by striking the words “director of labor”, and inserting in place thereof the following words:- secretary of labor and workforce development or designee
SECTION 38. Subsection (b) of section 9Q of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 20, by striking the word “division”, and inserting in place thereof the following word:- department
SECTION 39. Subsection (d) of section 9Q of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 27, by striking the words “director of labor”, and inserting in place thereof the following words:- secretary of labor and workforce development
SECTION 40. Subsection (d) of section 9Q of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 28, by striking the word “division”, and inserting in place thereof the following word:- department
SECTION 41. Subsection (a) of section 9R of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 1, by striking the word “division”, and inserting in place thereof the following word:- department
SECTION 42. Subsection (a) of section 9R of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 5, the words “department of labor”, and inserting in place thereof the following words:- executive office of labor and workforce development
SECTION 43. Subsection (a) of said section 9R, as so appearing, is hereby further amended by striking, in line 6, the word “director”, in inserting in place thereof the following word:- secretary
SECTION 44. Section 11A of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 3, the words “division of occupational safety”, in inserting in place thereof the words:- department of labor standards
SECTION 45. Section 11A of chapter 23, as so appearing, is hereby further amended by striking, in line 5, the word “division”, and inserting in place thereof the following word:- department
SECTION 46. Section 11E of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 1, the words “workforce development”, and inserting in place thereof the following words:- labor standards
SECTION 47. Section 11E of said chapter 23, as so appearing, is hereby further amended, in line 3, the words “director of”, and inserting in place thereof the following words:- secretary of labor and
SECTION 48. Said section 11E, as so appearing, is hereby further amended by striking, in lines 4 and 5, the words “workforce development”, and inserting in place thereof the following words:- the department of labor standards
SECTION 49. Section 11F of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 1, the word “director”, and inserting in place thereof the words:- secretary of labor and workforce development
SECTION 50. Section 11G of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting, in line 1, after the words “The director”, the following words:- of the department of labor standards
SECTION 51. Section 11H of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 30, the words “workforce development”, and inserting in place thereof the following words:- the department of labor standards
SECTION 52. Said section 11H, as so appearing, is hereby further amended by striking, in line 32, the words “workforce development”, and inserting in place thereof the following words:- labor standards
SECTION 53. Section 3B of chapter 23A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 6 and 7, the words “director of labor, or his designee; and the director of workforce development”, and inserting in place thereof the following words:- director of career services, or his designee; the secretary of labor and workforce development,
SECTION 54. Section 62 of chapter 23A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 8, the words “director of the department”, and inserting in place thereof the words:- secretary of labor and
SECTION 55. Chapter 23D of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking the title “Massachusetts Industrial Services Program”, and inserting in place thereof the following title:- Employee-Ownership Revolving Loan Fund
SECTION 56. Section 1 of chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 1, the word “division”, and inserting in place thereof the following word:- department
SECTION 57. Said section 1 of chapter 23E, as so appearing, is hereby further amended by striking, in lines 3, 4, 5, 7, 8 and 10, the word “commissioner”, and inserting in place thereof the following word:- director
SECTION 58. Said section 2 of chapter 23E, as so appearing, is hereby further amended by striking, in lines 1, and 8, the word “commissioner”, and inserting in place thereof the following word:- director
SECTION 59. Section 2 of chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 10, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 60. Said section 3 of chapter 23E, as so appearing, is hereby further amended by striking, in lines 59, the word “commissioner”, and inserting in place thereof the following word:- director
SECTION 61. Clause 12 of subsection (b) of section 3 of chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 54, the words “division of employment and training”, and inserting in place thereof the following words:- department of unemployment assistance, and the department of career services
SECTION 62. Section 9 of Chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 3, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 63. Said section 9 of chapter 23E, as so appearing, is hereby further amended by striking, in lines 4, the word “commissioner”, and inserting in place thereof the following word:- director
SECTION 64. Section 11 of chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 3 and 4, the words “division of employment and training”, and inserting in place thereof the following words:- department of unemployment assistance, and the department of career services
SECTION 65. Section 15 of chapter 23E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 19, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 66. Section 16 of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting, in line 3, after the word “labor”, the following words:- and workforce development
SECTION 67. Section 17 of chapter 23 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 9 and 18, the word “executive”
SECTION 68. Said section 17 of chapter 23, as so appearing, is hereby further amended by inserting, in lines 10, and 18 and 19, after the word “labor”, the following words:- and workforce development
SECTION 69. Said section 17, as so appearing, is hereby further amended by striking, in line 21, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 70. Section 1 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 2 and 19, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 71. Subsection (c) of section 1 of chapter 23H, as so appearing, is hereby repealed.
SECTION 72. Subsection (d) of section 1 of chapter 23H, as so appearing, is hereby amended by striking, in line 20, the words “the division of apprentice training,”
SECTION 73. Subsection (d), as so appearing, is hereby further amended, by inserting, in line 21, before the words “the workforce training fund”, the word:- and
SECTION 74. Subsection (d), as so appearing, is hereby further amended by striking, in lines 21 to 24, the remainder of the subsection after the words “the workforce training fund”
SECTION 75. Section 2 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed
SECTION 76. Section 3 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 77. Section 4 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby repealed.
SECTION 78. Subsection (a) of section 6 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 1, the words “workforce development”, and inserting in place thereof the words:- career services
SECTION 79. Said subsection (a) of section 6 of chapter 23H, as so appearing, is hereby further amended by striking, in lines 3 and 4, the words “, though the division of career services”
SECTION 80. Subsection (b) of section 6 of chapter 23H, as so appearing, is hereby amended by striking, in line 5, the word “division”, and inserting in place thereof the word:- department
SECTION 81. Said subsection (b), as so appearing, is hereby further amended by striking, in line 18, the words “deputy director of employment security”, and inserting in place thereof the following words:- secretary of labor and workforce development
SECTION 82. Subsection (c) of section 6 of Chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 32, the words “deputy director of the division”, and inserting in place thereof the following words:- director of the department
SECTION 83. Said subsection (c), as so appearing, is hereby further amended by striking, in line 35, the word “division”, and inserting in place thereof the following word:- department
SECTION 84. Said subsection (c), as so appearing, is hereby further amended by inserting, in line 36, before the words “for said share”, the following words:- of career services.
SECTION 85. Section 7 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:- (b) The board shall consist of the governor; 3 members of the senate, 2 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader; 3 members of the House, two of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader; the secretary of the executive office of labor and workforce development; the secretary of the executive office of housing and economic development; the secretary of the executive office of health and human services; the secretary of education; the chancellor of the board of higher education or another official appointed by the governor representing education and training issues; and the following additional members, as appointed by the governor: 2 mayors or chairs of boards of selectmen; 3 persons with experience with youth activities; 2 persons with experience and expertise in the delivery of workforce investment activities, including 1 president of a community college in the commonwealth; 13 persons representing public government, public secondary and post-secondary education, and organizations representing or providing services to trainees, including at least 4 representatives of organized labor, 2 of who shall be selected from among individuals nominated by state labor federations; and 33 persons representing business and industry in the commonwealth to be selected from among individuals nominated by state business associations and trade organizations, including at least 3 chairs of workforce investment boards. The members shall serve two-year terms at the pleasure of the governor, and shall serve without compensation.
SECTION 86. Said section 7, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:- (c) The governor or his designee shall chair the board and shall select an individual to serve as co-chair of the board from among the members representing business and industry. The co-chair shall serve at the pleasure of the governor.
SECTION 87. Said section 7, as so appearing, is hereby further amended by striking out subsection (d).
SECTION 88. Said section 7, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following subsection:- (f) The administrative staff of the board shall be supervised by and shall report to the director of the department of career services. The board shall contract with said department for personnel services and other operating needs. 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 89. Section 8A of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking in line 1, the words “workforce development” and inserting in place thereof the following words: - unemployment assistance.
SECTION 90. Section 10 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 28, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 91. Section 11 of chapter 23H of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 46, 80, and 85 and 86, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 92. Section 2RR of chapter 29 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 12, 40, 48, 55, and 59 and 60, the word “commissioner”, and inserting in place thereof the following word:- director
SECTION 93. Subsection (a) of section 2RR of chapter 29, as so appearing, is hereby amended by inserting the following sentence:- The director of the department of career services may contract with the Commonwealth Corporation to administer the fund.
SECTION 94. Subsection (b) of section 2RR of chapter 29, as so appearing, is hereby amended by striking, in lines 6 and 7, the words “commissioner, which in this section shall have the meaning assigned by section 1 of chapter 151A,”, and inserting in place thereof the following words:- director of the department of career services
SECTION 95. Clause 1 of subsection (b) of section 2RR, as so appearing, is hereby amended by striking, in line 37, the numeral “1,000,000”, and inserting in place thereof the numeral:- 250,000
SECTION 96. Clause 2 of subsection (b) of section 2RR of chapter 29, as so appearing, is hereby amended by striking, in lines 45 and 46, the word “department”, and inserting in place thereof the following words:- executive office
SECTION 97. Subsection (c) of section 2RR of chapter 29, as so appearing, is hereby repealed.
SECTION 98. Subsection (d) of section 2RR of chapter 29, as so appearing, is hereby amended by striking, in line 56, the words “commerce and labor”, and inserting in place thereof the following words:- labor and workforce development
SECTION 99. Subsection (e) of section 2RR of chapter 29, as so appearing, is hereby amended by striking, in line 62, the words “division of employment and training”, and inserting in place thereof the following words:- department of career services, or previously by the department of workforce development
SECTION 100. Subsection (f) of section 2RR of chapter 29, as so appearing, is hereby amended by inserting, in line 67, before the word “economic” the words:- labor and workforce development and the secretary of housing and
SECTION 101. Subsection (g) of section 2RR of chapter 29, as so appearing, is hereby repealed.
SECTION 102. Subsection (j) of section 2RR of chapter 29, as so appearing, is hereby amended by striking, in line 129, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 103. Subsection (k) of section 2RR of chapter 29, as so appearing, is hereby amended by striking, in line 144, the word “departments”, and inserting in place thereof the following words:- executive office
SECTION 104. Section 2SSS of chapter 29 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 7 and 25, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 105. Section 2WWW of chapter 29 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 4, 38, and 130, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 106. Section 47A of chapter 31 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 6, the words “and workforce Development”, and inserting in place thereof the following words:- career services
SECTION 107. Section 66 of chapter 31 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 15 and 16, the words “division of employment and training in the department of labor and workforce development”, and inserting in place thereof the following words:- department of unemployment assistance
SECTION 108. Section 5I of chapter 59 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 10, the word “director”, and inserting in place thereof the following word:- secretary
SECTION 109. Section 31C of chapter 63 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 108 and 109, and 138, the words “labor and workforce development”, and inserting in place thereof the following words:- career services
SECTION 110. Section 12B of chapter 71B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 10, the word “department”, and inserting in place thereof the following words:- executive office
SECTION 111. Section 21A of chapter 93 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 13, the words “and workforce development”, and inserting in place thereof the following words:- career services
SECTION 112. Section 5I of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 9, the words “and industry”, and inserting in place thereof the following word:- standards
SECTION 113. Section 5N of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 36 and 37, and 40, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 114. Section 25L of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 4, the word “commissioner”, and inserting in place thereof the word:- secretary
SECTION 115. Section 192A of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 5 and 6, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 116. Section 197 of chapter 111 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 118, and 203 and 204, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 117. Section 197B of chapter 11 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “labor”, in lines 25, 27, 48, 52, 71, 73, 113, 117, and 125, the following word:- standards
SECTION 118. Said section 197B of chapter 111, as so appearing, is hereby further amended by striking, in lines 71 and 72, 74, 79, 87, 96, and 128, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 119. Subsection (c) of section 197B of chapter 11 of the General Laws, as amended by section 27 of chapter 112 of the Acts of 2010, is hereby further amended by inserting after the word “labor”, in the first sentence, the following word:- standards
SECTION 120. Clause 3 of subsection (f) of section 197B of chapter 11 of the General Laws, as amended by section 26 of chapter 112 of the Acts of 2010, is hereby further amended by deleting, in the first sentence, the words “and workforce development”, and inserting in place thereof the following word:- standards
SECTION 121. Section 29 of chapter 118G of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 11 and 24, the words “director of the department of”, and inserting in place thereof the following words:- secretary of labor and
SECTION 122. Section 1 of chapter 121C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 71, the word “department”, and inserting in place thereof the following words:- executive office
SECTION 123. Section 53A of chapter 146 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 12, the words “and workforce development”, and inserting in place thereof the word:- standards
SECTION 124. Section 1 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 7 and 9, the words “and industries”, and inserting in place thereof the following word: standards
SECTION 125. Said section 1 of chapter 149 of the General Laws, as so appearing, is hereby further amended by inserting, in lines 20 and 27, after the word “labor”, the following word:- standards
SECTION 126. Section 11 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 10, the word “division”, and inserting in place thereof the following word:- department
SECTION 127. Section 11A of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 4 and 5, the words “division of occupational hygiene of the department of labor and industries”, and inserting in place thereof the following words:- department of labor standards
SECTION 128. Section 17 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 3 and 4, the words “division of occupational safety”, and inserting in place thereof the following words:- department of labor standards
SECTION 129. Section 34 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 19, the words “of labor and industries”
SECTION 130. Section 89 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 34, the words “and industries”, and inserting in place thereof the word:- standards
SECTION 131. Sections 160 through 168A of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, are hereby repealed.
SECTION 132. Section 179B of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 5, the word “commissioner”, and inserting in place thereof the words:- director of the department of labor standards
SECTION 133. Said section 179B of chapter 149, as so appearing, is hereby further amended by inserting, in line 5, before the words “in such form”, the following words:- of the department of career services
SECTION 134. Section 188 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 9 and 30, the words “workforce development”, and inserting in place thereof the following words:- unemployment assistance
SECTION 135. Said section 188 of chapter 149, as so appearing, is hereby further amended by striking, in lines 22 and 23, the words “workforce development, in consultation with the director of “
SECTION 136. Said section 188 of chapter 149, as so appearing, is hereby further amended by striking, in lines 87, 92, and 98, the word “division”, and inserting in place thereof the following word:- department
SECTION 137. Section 3A of chapter 150A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 7, the words “and workforce development”, and inserting in place thereof the following word:- relations
SECTION 138. Section 3 of chapter 150B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 1 and 9, the words “commissioner of labor and industries”, and inserting in place thereof the words:- secretary of labor and workforce development
SECTION 139. Section 8 of chapter 150B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 6, the words “commissioner of labor and industries”, and inserting in place thereof the words:- director of the department of labor relations
SECTION 140. Said section 8 of chapter 150B, as so appearing, is hereby further amended by striking, in line 10, the word “commissioner”, and inserting in place thereof the word:- director
SECTION 141. Subsection (a) of section 11 of Chapter 150E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 1, the word “division”, and inserting in place thereof the words:- department of labor relations
SECTION 142. Section 11 of Chapter 150E of the General Laws, as so appearing, is hereby amended by striking, in lines 6, 8 and 9, 21, 22, 28, 29, and 81, the word “division”, and inserting in place thereof the word:- department
SECTION 143. Subsection (b) of said section 11 of Chapter 150E of the General Laws, as so appearing, is hereby amended by striking, in line 12, the word “division’s”, and inserting in place thereof the word:- department’s
SECTION 144. Section 2 of chapter 151 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting, in lines 22 and 23, after the word “labor”, the following word:- standards
SECTION 145. Subsection (e½) of section 1 of chapter 151A of the General laws, as appearing in the 2008 Official Edition, is hereby amended, in lines 70 and 71, by striking the words “workforce development pursuant to chapter 23H”, and inserting in place thereof the following words:- unemployment assistance
SECTION 146. Subsection (g) of said section 1 of chapter 151A, as so appearing, is hereby amended, in lines 74 and 75, be striking the words “division of unemployment assistance within the department of workforce development”, and inserting in place thereof the following words:- department of unemployment assistance
SECTION 147. Subsection (f) of section 29E of chapter 151A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 36 and 37, the words “director of labor and workforce development”, and inserting in place thereof the following words:- director of the department of unemployment assistance
SECTION 148. Section 71A of chapter 151A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 7, the words “labor and workforce development”, and inserting in place thereof the following words:- career services
SECTION 149. Section 71D of chapter 151A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 1 and 2, the words “workforce development”, and inserting in place thereof the following words:- career services
SECTION 150. Said section 71D of chapter 151A, as so appearing, is hereby further amended by striking, in lines 7 and 8, the words “division of employment and training”, and inserting in place thereof the following words:- department of career services
SECTION 151. Said section 71D of chapter 151A, as so appearing, is hereby further amended by striking, in lines 10 to 12, the words “labor and workforce development and the director of economic development through the industrial services program”, and inserting in place thereof the following words:- career services
SECTION 152. Subsection (1A) of section 1 of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 31, the words “commissioner of”, and inserting in place thereof the word:- director of the department
SECTION 153. Subsection (2) of section 1 of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 33, the word “division”, and inserting in place thereof the word:- department
SECTION 154. Section 6 of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 14, the words “division of employment and training”, and inserting in place thereof the following words:- department of unemployment assistance
SECTION 155. Section 30I of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 1 and 2, and 7 and 8, the words “division of employment and training”, and inserting in place thereof the following words:- department of unemployment assistance
SECTION 156. Section 31 of chapter 152 of the General Laws, as appearing in the 2008 Official edition, is hereby amended by striking, in lines 12 and 42, the words “employment and training”, and inserting in place thereof the words:- unemployment assistance
SECTION 157. Section 64 of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 6, the word “department”, and inserting in place thereof the following words:- executive office
SECTION 158. Section 65 of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in lines 91, 95, and 117, the word “director”, and inserting in place thereof the word:- secretary
SECTION 159. Section 65J of chapter 152 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking, in line 8, the word “department”, and inserting in place thereof the following words:- executive office
SECTION 160. (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the following functions of state government from the transferor agencies to the transferee agency, defined as follows: the functions of the department of labor and the division of industrial accident and the department of workforce development and the division of labor relations, as the transferor agencies, to the executive office of labor and workforce development, as the transferee agency
(b) The employees of the transferor agencies, including those who were appointed immediately before the effective date of this act and who hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the transferee agency, without interruption of service within the meaning of said section 9A of said chapter 31, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state department of labor relations or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws. Notwithstanding any other general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff, or abolition of position not prohibited before such date.
(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before the transferor agencies or duly begun by the transferor agencies and pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the transferee agency.
(d) All orders, rules and regulations duly made and all approvals duly granted by the transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the transferee agency.
(e) All books, papers, records, documents, equipment, buildings, facilities, funds, accounts, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the transferor agencies shall be transferred to the transferee agency.
(f) All duly existing contracts, leases and obligations of the transferor agencies shall continue in effect but shall be assumed by the transferee agency.
(g) The comptroller shall be authorized to take any actions necessary to support the transfers outlined in this section. No existing right or remedy of any character shall be lost, impaired or affected by this act.

Senate, March 3, 2011.

Approved (under the provisions of Article LXXXVII of the Amendments to the Constitution and Joint Rule 23A).

Therese Murray, President.

William F. Welch, Clerk.

House of Representatives, March 9, 2011.

Approved (under the provisions of Article LXXXVII of the Amendments to the Constitution and Joint Rule 23A).

Robert A. DeLeo, Speaker.

Steven T. James, Clerk.

Approved, March 11, 2011.