Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S188 Compare Versions

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22 SENATE DOCKET, NO. 1045 FILED ON: 1/18/2023
33 SENATE . . . . . . . . . . . . . . No. 188
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Liz Miranda
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing a manicurist industry minimum standards advisory board.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkJason M. LewisFifth Middlesex2/14/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 3
1616 SENATE DOCKET, NO. 1045 FILED ON: 1/18/2023
1717 SENATE . . . . . . . . . . . . . . No. 188
1818 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 188) of Liz Miranda, Jason M.
1919 Lewis and James B. Eldridge for legislation to establish a manicurist industry minimum
2020 standards advisory board. Consumer Protection and Professional Licensure.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act establishing a manicurist industry minimum standards advisory board.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. There shall be a Manicurist Industry Minimum Standards Advisory Board
3030 2to study and make recommendations to the senate and house of representatives, the division of
3131 3occupational licensure, and the executive office of labor and workforce development regarding
3232 4establishing industry-wide minimum standards on wages, benefits, working hours, training, and
3333 5working conditions affecting the health, safety, and employment of workers in nail salons, also
3434 6known as Manicurist salons as defined in G.L. Ch. 112, Section 87T.
3535 7 SECTION 2. The advisory board shall consist of fifteen members:
3636 8 3 persons who shall serve in an ex officio capacity, 1 of whom is the secretary of the
3737 9executive office of workforce and development, or their designee, and who shall serve as chair, 1
3838 10person of whom is the commissioner of the division of occupational licensure, or their designee,
3939 11and 1 person of whom is the executive director of the Vietnamese American Initiative for
4040 12Development, or their designee. 2 of 3
4141 13 5 persons to be appointed by the governor, 1 person of whom shall be an expert in
4242 14occupational safety and health, 1 person of whom shall be an expert in economic development
4343 15strategies for under-resourced businesses or small business support development, and 3 of whom
4444 16are owners of licensed shops as defined in G.L. Ch. 112, Section 87AA and none of whom was
4545 17cited for violation of state or federal wage and hour laws in the 2 years prior to appointment, of
4646 18which 1 of whom must be certified as a disadvantaged business enterprise at the time of
4747 19appointment and 1 of whom employs 5 or fewer employees within the commonwealth, 1 of
4848 20whom employs 25 or fewer employees, and 1 of whom employs fewer than 150 employees
4949 21within the commonwealth;
5050 22 7 persons to be appointed by the attorney general, 1 of whom is an expert in economic
5151 23research in the manicurist industry or similar low-wage service industry, 1 of whom with a
5252 24background in representing or organizing workers in workforce development, labor relations and
5353 25rights, or a community support organization serving low-wage workers in the manicurist
5454 26industry, 1 of whom with a background in training or supporting the workforce development of
5555 27manicurists, 1 person of whom shall be an expert in women-owned, minority businesses, and 3
5656 28of whom are employed and licensed as manicurists at the time of their appointment and reflect
5757 29the demographic and geographic background of manicurist workers in the commonwealth, and
5858 30who have at least 2 years of relevant experience, provided, however, that no more than 2 are
5959 31employed or living in the city of Boston at the time of their appointment..
6060 32 SECTION 3. The board shall monitor, recommend, give testimony, and report on
6161 33assessment of fair living wages and gratuities, benefits, training, and improvement of workplace
6262 34conditions and safety in the Manicurist industry, except for the adjudication of particular claims
6363 35or complaints. Its powers include the issuance of reports, recommendations for legislation and 3 of 3
6464 36policies, regulations, and programs, the conducting of research, and the collecting of data from
6565 37public and private sources.
6666 38 Initial recommendations to the senate and house of representatives, the division of
6767 39occupational licensure, and the executive office of labor and workforce development shall be
6868 40submitted by the board to the clerk of the senate and the clerk of the house not more than
6969 41eighteen months from the effective date of this act.
7070 42 SECTION 4. Appointed members of the board shall serve for terms of 2 years and may
7171 43be reappointed to one additional term. Members of the board shall serve without compensation
7272 44but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of
7373 45their official duties. Members of the board shall not be state employees under chapter 268A by
7474 46virtue of their service on the board. To take action at a meeting, a majority of the members of the
7575 47board present and voting shall constitute a quorum. The chair shall not vote on matters unless in
7676 48the case of tie among voting members.
7777 49 SECTION 5. The chair shall appoint subcommittees in order to expedite the work of the
7878 50board; provided, however, that the chair shall appoint: (i) a subcommittee on health and safety to
7979 51develop recommendations on workplace safety, anti-hate initiatives, access to protective
8080 52equipment, and training, (ii) a subcommittee on the nail industry workforce to develop
8181 53recommendations on fair wages, minimum pricing, and sustainability in the industry and (iii) a
8282 54subcommittee on the nail salon industry to develop recommendations on promoting women and
8383 55minority-owned businesses.