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2 | 2 | | SENATE DOCKET, NO. 1045 FILED ON: 1/18/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 188 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Liz Miranda |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a manicurist industry minimum standards advisory board. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkJason M. LewisFifth Middlesex2/14/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1045 FILED ON: 1/18/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 188 |
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18 | 18 | | By Ms. Miranda, a petition (accompanied by bill, Senate, No. 188) of Liz Miranda, Jason M. |
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19 | 19 | | Lewis and James B. Eldridge for legislation to establish a manicurist industry minimum |
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20 | 20 | | standards advisory board. Consumer Protection and Professional Licensure. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act establishing a manicurist industry minimum standards advisory board. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. There shall be a Manicurist Industry Minimum Standards Advisory Board |
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30 | 30 | | 2to study and make recommendations to the senate and house of representatives, the division of |
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31 | 31 | | 3occupational licensure, and the executive office of labor and workforce development regarding |
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32 | 32 | | 4establishing industry-wide minimum standards on wages, benefits, working hours, training, and |
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33 | 33 | | 5working conditions affecting the health, safety, and employment of workers in nail salons, also |
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34 | 34 | | 6known as Manicurist salons as defined in G.L. Ch. 112, Section 87T. |
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35 | 35 | | 7 SECTION 2. The advisory board shall consist of fifteen members: |
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36 | 36 | | 8 3 persons who shall serve in an ex officio capacity, 1 of whom is the secretary of the |
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37 | 37 | | 9executive office of workforce and development, or their designee, and who shall serve as chair, 1 |
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38 | 38 | | 10person of whom is the commissioner of the division of occupational licensure, or their designee, |
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39 | 39 | | 11and 1 person of whom is the executive director of the Vietnamese American Initiative for |
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40 | 40 | | 12Development, or their designee. 2 of 3 |
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41 | 41 | | 13 5 persons to be appointed by the governor, 1 person of whom shall be an expert in |
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42 | 42 | | 14occupational safety and health, 1 person of whom shall be an expert in economic development |
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43 | 43 | | 15strategies for under-resourced businesses or small business support development, and 3 of whom |
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44 | 44 | | 16are owners of licensed shops as defined in G.L. Ch. 112, Section 87AA and none of whom was |
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45 | 45 | | 17cited for violation of state or federal wage and hour laws in the 2 years prior to appointment, of |
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46 | 46 | | 18which 1 of whom must be certified as a disadvantaged business enterprise at the time of |
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47 | 47 | | 19appointment and 1 of whom employs 5 or fewer employees within the commonwealth, 1 of |
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48 | 48 | | 20whom employs 25 or fewer employees, and 1 of whom employs fewer than 150 employees |
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49 | 49 | | 21within the commonwealth; |
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50 | 50 | | 22 7 persons to be appointed by the attorney general, 1 of whom is an expert in economic |
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51 | 51 | | 23research in the manicurist industry or similar low-wage service industry, 1 of whom with a |
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52 | 52 | | 24background in representing or organizing workers in workforce development, labor relations and |
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53 | 53 | | 25rights, or a community support organization serving low-wage workers in the manicurist |
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54 | 54 | | 26industry, 1 of whom with a background in training or supporting the workforce development of |
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55 | 55 | | 27manicurists, 1 person of whom shall be an expert in women-owned, minority businesses, and 3 |
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56 | 56 | | 28of whom are employed and licensed as manicurists at the time of their appointment and reflect |
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57 | 57 | | 29the demographic and geographic background of manicurist workers in the commonwealth, and |
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58 | 58 | | 30who have at least 2 years of relevant experience, provided, however, that no more than 2 are |
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59 | 59 | | 31employed or living in the city of Boston at the time of their appointment.. |
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60 | 60 | | 32 SECTION 3. The board shall monitor, recommend, give testimony, and report on |
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61 | 61 | | 33assessment of fair living wages and gratuities, benefits, training, and improvement of workplace |
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62 | 62 | | 34conditions and safety in the Manicurist industry, except for the adjudication of particular claims |
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63 | 63 | | 35or complaints. Its powers include the issuance of reports, recommendations for legislation and 3 of 3 |
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64 | 64 | | 36policies, regulations, and programs, the conducting of research, and the collecting of data from |
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65 | 65 | | 37public and private sources. |
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66 | 66 | | 38 Initial recommendations to the senate and house of representatives, the division of |
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67 | 67 | | 39occupational licensure, and the executive office of labor and workforce development shall be |
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68 | 68 | | 40submitted by the board to the clerk of the senate and the clerk of the house not more than |
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69 | 69 | | 41eighteen months from the effective date of this act. |
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70 | 70 | | 42 SECTION 4. Appointed members of the board shall serve for terms of 2 years and may |
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71 | 71 | | 43be reappointed to one additional term. Members of the board shall serve without compensation |
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72 | 72 | | 44but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of |
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73 | 73 | | 45their official duties. Members of the board shall not be state employees under chapter 268A by |
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74 | 74 | | 46virtue of their service on the board. To take action at a meeting, a majority of the members of the |
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75 | 75 | | 47board present and voting shall constitute a quorum. The chair shall not vote on matters unless in |
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76 | 76 | | 48the case of tie among voting members. |
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77 | 77 | | 49 SECTION 5. The chair shall appoint subcommittees in order to expedite the work of the |
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78 | 78 | | 50board; provided, however, that the chair shall appoint: (i) a subcommittee on health and safety to |
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79 | 79 | | 51develop recommendations on workplace safety, anti-hate initiatives, access to protective |
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80 | 80 | | 52equipment, and training, (ii) a subcommittee on the nail industry workforce to develop |
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81 | 81 | | 53recommendations on fair wages, minimum pricing, and sustainability in the industry and (iii) a |
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82 | 82 | | 54subcommittee on the nail salon industry to develop recommendations on promoting women and |
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83 | 83 | | 55minority-owned businesses. |
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