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S 1341

Relates to the maintenance of a database on intellectual property

2025 Regular Session Introduced by Kevin Parker

Reforms the DUA Advisory Council: a 7-member governor-appointed body with labor, building trades, legal aid nominees and 2 employers; sets terms, meetings, and APA rules.

REPORTED AND COMMITTED TO FINANCE
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Bill Summary · S 1341

Summary — S.1341 (194th General Court, 2025–2026)

Note on provided materials: the bill text submitted is a Massachusetts state bill presented by Senator Patricia D. Jehlen and amends Massachusetts General Laws related to the Department of Unemployment Assistance. Some supplied metadata (title referencing an intellectual‑property database, federal sponsors, committees such as “Energy and Natural Resources,” and companion federal bills) appears inconsistent with the bill text. This summary is based on the bill text itself (Senate Docket No. 1938 / Senate Bill No. 1341) which concerns the Department of Unemployment Assistance Advisory Council.

Purpose

To revise the composition, appointment procedures, terms, meeting and compensation rules, and administrative status of the state advisory council to the Massachusetts Department of Unemployment Assistance (DUA), and to update a cross‑reference in chapter 151A to reflect the agency name “Labor and Workforce Development.”

Key provisions

  • Amends Section 9N of chapter 23 of the General Laws (DUA advisory council):
    • Establishes a 7‑member state advisory council appointed by the governor, not subject to the director’s control.
    • Requires at least one member to be selected from each list of nominees submitted by:
    • Massachusetts AFL–CIO
    • Massachusetts Building Trades Council
    • Massachusetts Legal Assistance Corporation
    • Requires two members be persons who are employers (by vocation/occupation/affiliation).
    • Governor designates the chair from among members.
    • Staggered initial terms: 2 members for 4 years; remaining members for 6 years. Thereafter appointments are for 6‑year terms.
    • Vacancy appointments: governor fills vacancies for the unexpired term with advice and consent; if the governor fails to fill a vacancy within 60 days, the remaining council members may fill it by majority vote for the remainder of the term.
    • Council must meet at least six times per year.
    • Compensation: $100 per day for each day of council attendance, capped at $3,000 per member per calendar year; members are reimbursed for travel and necessary expenses.
    • DUA must provide meeting quarters and clerical support.
    • The offices and incumbents are explicitly excluded from chapter 31 and its rules (civil service).
  • Adds a new paragraph making the state advisory council subject to sections 18–25 of chapter 30A (i.e., specific provisions of the Administrative Procedure Act).
  • Amends section 62 of chapter 151A by replacing the phrase “commerce and labor” with “labor and workforce development” (updates agency name/reference).

Who is affected

  • Members of the DUA Advisory Council (composition, appointment, terms, compensation, and procedural status).
  • The Governor (appointment authority and designation of chair).
  • Labor organizations (role in nominee lists), building trades, and the Massachusetts Legal Assistance Corporation (explicit nomination roles).
  • Employers (two required employer‑representatives).
  • Department of Unemployment Assistance (obligated to provide support and meeting space).
  • Statutory cross‑references and administrative processes involving chapter 151A.

Procedural status & timeline (from provided actions)

  • Filed / Presented: Senate Docket No. 1938 (filed 1/17/2025); presented by Patricia D. Jehlen.
  • Referred to Committee on Labor and Workforce Development (2/27/2025).
  • Reported and committed to Finance (3/12/2025).
  • Read twice and referred (4/08/2025) — record shows additional committee referrals and hearing scheduling (hearings noted for 10/08/2025). (Materials include duplicate or inconsistent docketing entries; see note above.)

Potential impact

  • Formalizes and narrows the advisory council’s membership and nomination sources, increasing direct representation of organized labor, building trades, and legal aid, while ensuring employer representation.
  • Extends procedural transparency and administrative procedural requirements by subjecting the council to selected sections of chapter 30A.
  • Clarifies appointment timelines and provides a mechanism to fill vacancies if the executive does not act within 60 days.
  • Administrative update aligning statutory language to the current department name (“Labor and Workforce Development”).

If you’d like, I can:
- Produce a redlined comparison showing current statutory text vs. proposed changes.
- Track subsequent legislative actions and create an updated status log.

Compiled from official sources — confirm details with the bill’s official record.

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