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An Act to let kids play
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H199
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HD2241
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T16:57:38.267'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T16:57:38.2666667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T07:42:36.8833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:16:01.6333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-24T09:12:51.3566667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:30:25.0033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H199/DocumentHistoryActions
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Bill
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By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 199) of Jack Patrick Lewis, Natalie M. Higgins and James K. Hawkins that certain retail department stores be prohibited from dividing the display of certain childcare items into sections by gender. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 330. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Childcare articles”, any product designed or intended by the manufacturer to facilitate sleep, relaxation or the feeding of children, or to help children with sucking or teething.
“Toys”, products designed or intended for use in play by children under the age of 14.
(b) A retail department store with more than 500 employees that sells childcare articles or toys shall not divide the display of such items into sections by gender.
(c) If a violation of this section is not corrected within 30 days of receiving written notice from the attorney general, the violation shall be subject to a civil penalty of not more than $1,000.
SECTION 2. This act shall take effect 180 days following its passage.
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An Act relative to patient opioid notification
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H1990
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HD909
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:19:17.843'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:19:17.8433333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:57:13.41'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1990/DocumentHistoryActions
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 1990) of Steven S. Howitt and Michael J. Soter relative to the issuing of the initial prescription of Schedule II controlled dangerous substances or other opioid pain relievers. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 18C of Chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following new section:-
Prior to issuing the initial prescription of a Schedule II controlled dangerous substance or any other opioid pain reliever which is a prescription drug in a course of treatment for acute or chronic pain and again prior to issuing the third prescription of the course of treatment, a practitioner shall discuss with the patient, or the patient’s parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks associated with the drugs being prescribed, including but not limited to: (1) the risks of addiction and overdose associated with opioid drugs and the dangers of taking opioid drugs with alcohol, benzodiazepines, and other central nervous system depressants; (2) the reasons why the prescription is necessary; (3) alternative treatments that may be available; and (4) risks associated with the use of the drugs being prescribed, that there is a risk of developing a physical or psychological dependence on the controlled dangerous substance, and that the risks of taking more opioids than prescribed, or making sedatives, benzodiazepines or alcohol with opioids, can result in fatal respiratory depression. The practitioner shall include a note in the patient’s medical record that the patient or the patient’s parent or guardian, as applicable, has discussed with the practitioner the risks of developing a physical or psychological dependence on the control dangerous substance and alternative treatments that may be available.
This section shall not apply to a prescription for a patient who is currently in active treatment for cancer, receiving hospice care from a licensed hospice or palliative care, or is a resident of a long term care facility, or to any medications that are being prescribed for use in the treatment of substance abuse or opioid dependence.
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An Act relative to substance use disorder evaluations
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H1991
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HD1751
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:25:28.053'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:25:28.0533333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:44:04.52'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:47:51.9666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:41:00.85'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:03:00.54'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:07.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1991/DocumentHistoryActions
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1991) of Bradley H. Jones, Jr., and others relative to substance use disorder evaluations. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 51 ½ of Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (h) the following subsection:
(i) The department of public health shall annually collect, in a manner to be determined by the department, the frequency and location of substance abuse evaluations ordered pursuant to this section. The department of public health shall include in the report the number of persons who received a substance abuse evaluation and returned to an acute care facility within the same calendar year for treatment related to an opioid overdose. The department shall report such information to the joint committee on health care financing, the joint committee on mental health and substance abuse, and the house and senate committees on ways and means not later than January 1, annually.
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An Act relative to treatment for substance use disorder
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H1992
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HD1752
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:27:03.193'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T14:27:03.1933333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:43:44.19'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:48:12.75'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-28T13:37:46.9766667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T16:39:50.13'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:02:38.4933333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:31:15.5333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T16:02:36.3466667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:26:38.6633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1992/DocumentHistoryActions
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1992) of Bradley H. Jones, Jr., and others relative to treatment for substance use disorder. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 51 ½ of Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (d) in its entirety and inserting the following thereof:-
(d) If a person has received a substance abuse evaluation and returns to an acute care hospital or emergency satellite facility within seven days of receipt of such evaluation suffering from an opiate-related overdose or has recently been administered naloxone, the attending physician may authorize the restraint of such person and apply for the treatment of such person for a 3-day period at a facility authorized for such purposes by the department of public health or the department of mental health.
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An Act to strengthen emergency restraint for persons suffering dangerous or violent mental illness
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H1993
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HD1809
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-11T15:22:35.027'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-11T15:22:35.0266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:53:52.63'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:02:38.3366667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-27T14:10:14.54'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1993/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1993) of Kay Khan and others for legislation to allow for emergency hospitalization of persons suffering dangerous or violent mental illness. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 12 of Chapter 123 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the first paragraph the following paragraph:-
(a)(1) A person who is violent, homicidal, or poses a risk of serious physical harm to another may be hospitalized pursuant to this section for a period up to seventy-two hours. Such hospitalization may be based on a statement from a person who has been placed in reasonable fear of violent behavior and risk of serious physical harm to themselves from the person to be hospitalized. A person admitted pursuant to this subsection shall be entitled to appointment of counsel and to request an emergency hearing as provided in paragraph (b) of this section.
SECTION 2. Section 12 of Chapter 123 of the General Laws, as so appearing, is hereby amended in paragraph (d) by inserting after the word “status” the following words:-
A person who has been hospitalized pursuant to paragraph (a)(1) of this section based on violent or homicidal tendency or risk of serious physical harm to another may be released only after three days. After release, such person shall be subject to seven days of supervision, either in person or by video conference, by a licensed independent clinical social worker or by a mental health worker affiliated with a police department.
SECTION 3. Section 12 of said chapter 123, as so appearing, is hereby amended by inserting after paragraph (e) the following paragraphs:-
(f) Any hospital or other facility that admits a person pursuant to this section shall be required to provide, on request, medical information including treatment history and medications prescribed to a social worker with supervisory authority over such person.
(g) If, in the opinion of a social worker or other mental health worker who has supervision over a person committed and then released under this section, that person is relapsing into mental illness such that he or she again presents a danger of serious harm, or is otherwise not compliant with treatment or supervision, that social worker or mental health worker shall have authority to petition for expedited readmission to the facility from which the person was released. Such petition shall not require initiating a new proceeding under this section.
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An Act to provide more timely treatment of inpatient mental health care
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H1994
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HD1832
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-10T12:58:31.377'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-10T12:58:31.3766667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:02:30.32'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T15:46:00.85'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-05-31T16:40:09.3833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1994/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1994) of Kay Khan, Samantha Montaño and Rebecca L. Rausch relative to inpatient mental health care treatment. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 2 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word “and”.
SECTION 2. Said section 2 of said chapter 123, as so appearing, is hereby further amended by inserting after the word “facilities”, in lines 13 to 14, the following words:- , and (4) shall be developed in a manner consistent with available physician resources and in accordance with national standards for providing evening and night coverage for hospitals.
SECTION 3. Section 5 of said chapter 123, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- Such independent medical examination, if requested by the indigent person or his counsel, shall be requested not more than 24 hours after the appointment of counsel and shall be completed within 3 business days after such request for the independent medical examination.
SECTION 4. Said section 5 of said chapter 123, as so appearing, is hereby further amended by striking out, in line 15, the words “unless counsel requests a delay”.
SECTION 5. Section 7 of said chapter 123, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words “, unless a delay is requested by the person or his counsel”.
SECTION 6. Said section 7 of said chapter 123, as so appearing, is hereby further amended by striking out, in lines 26 to 27, the words “, unless a delay is requested by the person or his counsel”.
SECTION 7. Section 8B of said chapter 123, as so appearing, is hereby amended by striking out, in line 21, the figure “fourteen” and inserting in place thereof the figure:- “5”.
SECTION 8. Subsection (d) of section 5-308 of chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “as expeditiously as possible”, in line 55, the following words:- ; provided however, for patients in inpatient mental health facilities, said hearing shall be conducted within 7 days of the filing of the petition and the notice required under subsection (c) of this section shall be adjusted accordingly.
SECTION 9. Notwithstanding any general or special law, regulation or procedure to the contrary, the department of children and families, in conjunction with the office of the child advocate, shall develop a facilitated process and time frame for the administration of antipsychotic medication for children in their custody who are hospitalized in inpatient psychiatric facilities.
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An Act establishing maternal mental and behavioral health care workforce grants
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H1995
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HD516
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:00:52.083'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:00:52.0833333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-13T13:04:01.6566667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-03T09:48:29.8533333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T15:43:46.76'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:15:14.0466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:20:51.0966667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-07-10T14:24:02.4566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:45:06.2633333'}]
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{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-13T13:00:52.083'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1995/DocumentHistoryActions
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Bill
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By Representatives Kushmerek of Fitchburg and Kerans of Danvers, a petition (accompanied by bill, House, No. 1995) of Michael P. Kushmerek, Sally P. Kerans and others for legislation to establish maternal mental and behavioral health care workforce grants. Mental Health, Substance Use and Recovery.
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Chapter 6A of the General Laws is hereby amended by inserting after section 16CC the following section:-
Section 16DD. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
“Health professional shortage area”, a specific geographic area, specific population group or specific facility federally designated as having a critical shortage of primary, dental, or mental health care providers.
“Maternal healthcare desert”, a region where the population has inadequate access to maternal healthcare.
“Maternal mental and behavioral health care workforce”, mental or behavioral health care providers who focus on maternal or perinatal health.
“Medically underserved populations”, federally designated populations that have too few primary care providers, high infant mortality, high poverty or high elderly population.
“Mental or behavioral health care provider”, a health care provider in the field of mental or behavioral health, including substance use disorders, acting in accordance with the laws of the commonwealth.
“Secretary”, the secretary of health and human services.
(b) The secretary may award grants to entities to establish or expand programs to grow and diversify the maternal mental and behavioral health care workforce.
(c) Recipients of grants under this section shall use the grants to grow and diversify the maternal mental and behavioral health care workforce by:
(1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in maternal mental health conditions or substance use disorders; or
(2) expanding the capacity of existing schools or programs described in paragraph (1) of this subsection, for the purposes of increasing the number of students enrolled in those schools or programs, including by awarding scholarships for students.
(d) In awarding grants under this section, the secretary shall give priority to any entity that:
(1) has demonstrated a commitment to recruiting and retaining students and faculty from medically underserved populations or maternal health care deserts;
(2) has developed a strategy to recruit and retain a diverse pool of students into the maternal mental and behavioral health care workforce program or school supported by funds received through the grant, particularly from medically underserved populations;
(3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area;
(4) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial, ethnic and rural disparities in maternal health outcomes, to the extent practicable; and
(5) includes in the standard curriculum for all students within the maternal mental and behavioral health care workforce program or school a bias, racism or discrimination training program that includes training on implicit bias and racism.
(e) The period of a grant awarded to an entity under this section shall be up to 5 years.
(f) To seek a grant under this section, an entity shall submit to the secretary an application at such time, in such manner and containing such information as the secretary may require.
(g) The secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation and post-grant period sustainability of the maternal mental and behavioral health care workforce programs or schools proposed, established or expanded through the grant.
(h) The secretary shall collaborate with the executive office of labor and workforce development to develop maternal mental and behavioral health care workforce standards to measure the efficacy of grants awarded pursuant to this section.
(i) As a condition of receipt of a grant under this section for a maternal mental and behavioral health care workforce program or school, a recipient of funds shall agree to submit to the secretary an annual report on the activities conducted through the grant. The report shall include:
(1) the number and demographics of students participating in the program or school;
(2) the extent to which students in the program or school are entering careers in health professional shortage areas designated by the commonwealth, areas with significant racial and ethnic disparities in maternal health outcomes and maternal health care deserts to the extent such data are available; and
(3) whether the program or school has included in the standard curriculum for all students a bias, racism or discrimination training program that includes training on implicit bias and racism, and if so data on maternal mental and behavioral health care outcomes for patients belonging to medically underserved populations who receive treatment from such students.
(j) Not later than 4 years after the date of enactment of this section, the secretary shall prepare and submit to the clerks of the house of representatives and the senate, and post on the internet website of the department a report on the effectiveness of the grant program under this section at:
(1) recruiting students from medically underserved populations;
(2) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders from medically underserved populations;
(3) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in health professional shortage areas; and
(4) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in areas with significant racial and ethnic disparities in maternal health outcomes, as well as maternal health care deserts and rural areas, to the extent such data are available.
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An Act establishing a maternal mental health equity grant program
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H1996
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HD520
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:06:43.793'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:06:43.7933333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-13T13:09:46.95'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-03T09:49:40.15'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:15:36.55'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:21:24.0833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T13:21:20.68'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-06-23T11:59:03.1166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:46:34.8033333'}]
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{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-13T13:06:43.793'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1996/DocumentHistoryActions
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Bill
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By Representatives Kushmerek of Fitchburg and Kerans of Danvers, a petition (accompanied by bill, House, No. 1996) of Michael P. Kushmerek, Sally P. Kerans and others for legislation to establish a program to address maternal mental health conditions and substance use disorders of certain pregnant and postpartum individuals. Mental Health, Substance Use and Recovery.
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Chapter 6A of the General Laws is hereby amended by inserting after section 16CC the following section:-
Section 16DD. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:
“Culturally congruent care”, care that is in agreement with the preferred cultural values, beliefs, worldview, language and practices of the health care consumer.
“Eligible entity”, a: (1) community-based organization serving pregnant and postpartum individuals, including organizations serving individuals from medically underserved populations and other underserved populations; (2) non-profit or patient advocacy organization with expertise in maternal mental and behavioral health; (3) maternity care provider; (4) mental or behavioral health care provider who treats maternal mental health conditions or substance use disorders; (5) public health agencies, including the department of public health or a local public health department; or (6) federally recognized Indian tribe or tribal organization.
“Freestanding birth center”, a health facility: (1) that is not a hospital; (2) where childbirth is planned to occur away from the pregnant woman's residence; (3) that is licensed or otherwise approved by the commonwealth to provide prenatal labor and delivery or postpartum care; and (4) that complies with other requirements established by the commonwealth relating to the health and safety of individuals provided services by the facility.
“Maternity care provider”, a health care provider who: (1) is a physician, physician assistant, certified nurse-midwife, nurse practitioner or clinical nurse specialist; and (2) has a focus on maternal or perinatal health.
“Medically underserved populations”, federally designated populations that have too few primary care providers, high infant mortality, high poverty or high elderly population.
“Mental or behavioral health care provider”, a health care provider in the field of mental or behavioral health, including substance use disorders, acting in accordance with the laws of the commonwealth.
“Secretary”, the secretary of health and human services.
(b) The secretary of health and human services shall establish a program to award grants to eligible entities to address maternal mental health conditions and substance use disorders with respect to pregnant and postpartum individuals, with a focus medically underserved populations.
(c) To receive a grant under this section an eligible entity shall submit to the secretary an application at such time, in such manner and containing such information as the secretary may require, including how the entity will use funds for activities described in subsection (e) that are culturally congruent.
(d) In awarding grants under this section, the secretary shall give priority to an eligible entity that:
(1) is partnering, or will partner, with a community-based organization to address maternal mental health conditions or substance use disorders described in subsection (a); and
(2) is operating in an area with high rates of adverse maternal health outcomes or significant racial or ethnic disparities in maternal health outcomes.
(e) An eligible entity that receives a grant under this section shall use funds for the following:
(1) establishing or expanding maternity care programs to improve the integration of maternal mental health and behavioral health care services into primary care settings where pregnant individuals regularly receive health care services;
(2) establishing or expanding group prenatal care programs or postpartum care programs;
(3) expanding existing programs that improve maternal mental health and behavioral health during the prenatal and postpartum periods, with a focus on individuals from medically underserved populations;
(4) providing services and support for pregnant and postpartum individuals with maternal mental health conditions and substance use disorders, including referrals to addiction treatment centers that offer evidence-based treatment options;
(5) addressing stigma associated with maternal mental health conditions and substance use disorders, with a focus on medically underserved populations;
(6) raising awareness of warning signs of maternal mental health conditions and substance use disorders, with a focus on pregnant and postpartum individuals from medically underserved populations;
(7) establishing or expanding programs to prevent suicide or self-harm among pregnant and postpartum individuals, including, but not limited to, the moms do care program administered by the bureau of substance addiction services in the department and the Massachusetts child psychiatry access program;
(8) offering evidence-aligned programs at freestanding birth centers that provide maternal mental and behavioral health care education, treatments, and services, and other services for individuals throughout the prenatal and postpartum period;
(9) establishing or expanding programs to provide education and training to maternity care providers with respect to identifying potential warning signs for maternal mental health conditions or substance use disorders in pregnant and postpartum individuals, with a focus on individuals from medically underserved populations. In the case where such providers identify such warning signs, offering referrals to mental or behavioral health care professionals;
(10) developing a website, or other method of publication, that includes information on health care providers who treat maternal mental health conditions and substance use disorders;
(11) establishing or expanding programs in communities to improve coordination between maternity care providers and maternal mental or behavioral health care providers who treat maternal mental health conditions and substance use disorders, including through the use of toll-free hotlines; and
(12) carrying out other programs aligned with evidence-based practices for addressing maternal mental health conditions and substance use disorders for pregnant and postpartum individuals, with a focus on medically underserved populations.
(f) An eligible entity that receives a grant under this section shall submit annually to the secretary, and make publicly available, a report on the activities conducted using funds received through a grant under this section. Such reports shall include quantitative and qualitative evaluations of such activities, including the experience of individuals who received health care through such grant.
(g) Not later than the end of each fiscal year that grants are awarded, the secretary shall submit to the governor and the clerks of the house of representatives and the senate a report that includes:
(1) a summary of the reports received under subsection (f);
(2) an evaluation of the effectiveness of grants awarded under this section;
(3) recommendations with respect to expanding coverage of evidence-based screenings and treatments for maternal mental health conditions and substance use disorders; and
(4) recommendations with respect to ensuring activities described under subsection (e) continue after the end of a grant period.
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An Act to further define medical necessity determinations
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H1997
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HD542
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:47:22.293'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-13T13:47:22.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1997/DocumentHistoryActions
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Bill
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By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1997) of Michael P. Kushmerek for legislation to further define medical necessity determinations. Mental Health, Substance Use and Recovery.
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SECTION 1: Section 8a of Chapter 118E is amended by inserting the following new sentence at the end of the definition “Medically Necessary Services” the following new sentence: “Medical necessary services for mental health treatment shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record”.
SECTION 2: Section 16 (b) of Chapter 176O is amended by inserting the following new sentence at the end after the word “restriction” the following new sentence. “Medical necessity for mental health services shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.”
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An Act relative to reducing the risk of unintended fatal opioid overdose
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H1998
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HD2506
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T13:57:39.777'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T13:57:39.7766667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:57:39.98'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:40:27.6766667'}]
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T13:57:39.777'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1998/DocumentHistoryActions
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Bill
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By Representatives LeBoeuf of Worcester and Domb of Amherst, a petition (accompanied by bill, House, No. 1998) of David Henry Argosky LeBoeuf, Mindy Domb and Vanna Howard relative to reducing the risks of unintended fatal opioid overdoses. Mental Health, Substance Use and Recovery.
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Chapter 111 of the General Laws is hereby amended by adding the following section:- Section 238. Prior to issuing a prescription of an opioid which is a controlled substance as set forth in section 31 of chapter 94C, a practitioner shall discuss with the patient, or the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks for unintentional opioid overdose associated with the medication, including but not limited to: (i) taking more opioids than prescribed; (ii) the dangers of mixing opioids with alcohol, benzodiazepines such as Klonopin, Valium, and Xanax, other central nervous system depressants, and other forms of poly-drug use; (iii) alternative treatments that may be available. The physician will also discuss the risk of opioid dependence as a result of prescription use.
To avoid unintentional fatal overdose, the practitioner shall reconcile all patient medications prior to prescribing opioids. The practitioner will require the patient to sign an acknowledgement that the patient, or the patient's parent or guardian, as applicable, has (i) discussed with the practitioner the risks of developing a physical or psychological dependence on opioids, and (ii) understands the ways in which their alcohol use or other prescriptions may increase the risk for fatal opioid overdose.
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An Act relative to student mental health
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H1999
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HD2234
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:23:27.843'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-18T17:23:27.8433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-22T08:30:14.2533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:30:14.2533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T12:42:11.5833333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-25T12:42:11.5833333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T15:13:53.3733333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-25T15:13:53.3733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:31:15.5066667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T15:10:57.15'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:10:57.15'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-27T15:10:57.15'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:10:57.15'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-28T09:06:53.13'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T08:19:41.46'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-30T10:23:54.97'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-30T12:31:05.0666667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T07:35:34.95'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-01T10:05:48.5033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-03T10:24:53.1566667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-02-03T10:24:53.1566667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T09:49:58.0866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-15T10:53:06.5566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T08:41:30.1766667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T15:52:07.9766667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-02T19:35:53.9633333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-02T19:35:53.9633333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-22T10:51:10.87'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-28T11:56:54.0933333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-05-15T06:48:06.7733333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-19T18:08:47.89'}]
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-18T17:24:18.81'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H1999/DocumentHistoryActions
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Bill
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By Representatives Lewis of Framingham and Higgins of Leominster, a petition (accompanied by bill, House, No. 1999) of Jack Patrick Lewis, Natalie M. Higgins and others for legislation to require that student identification cards contain suicide prevention lifeline contact information. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting after section 37R the following section:-
Section 37S(a) Commencing July 1, 2023, a public school, including a charter school, that serves students in any of grades 6 to 12, inclusive, that issues student identification cards shall include on the student identification cards the telephone and text number for the 988 Suicide and Crisis Lifeline.
(b) Notwithstanding subsection (a), if, as of January 1, 2023, a school subject to the requirements of subsection (a) has a supply of unissued student identification cards that do not comply with the requirement in subsection (a), the school shall issue those student identification cards to students until that supply is depleted.
(c) Subsection (a) shall apply for a student identification card issued to a new student and for a student identification card issued to replace a student’s damaged or lost student identification card at the request of that student.
SECTION 2. Chapter 73 of the General Laws is hereby amended by inserting after section 20 the following section:-
Section 21(a) Commencing July 1, 2023, a public or private institution of higher education that issues student identification cards shall include on the student identification cards the telephone and text number for the 988 Suicide and Crisis Lifeline.
(b) Notwithstanding subsection (a), if, as of January 1, 2023, a state university or community college subject to the requirements of subsection (a) has a supply of unissued student identification cards that do not comply with the requirement in subsection (a), the school shall issue those student identification cards to students until that supply is depleted.
(c) Subsection (a) shall apply for a student identification card issued to a new student and for a student identification card issued to replace a student’s damaged or lost student identification card at the request of that student.
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An Act clarifying and normalizing non-public school service purchases
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H20
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HD20
| 193
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{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:29:28.607'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H20/DocumentHistoryActions
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Bill
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So much of the recommendations of the Teachers' Retirement System (House, No. 16) as relates to clarifying and normalizing non-public school service purchases. Public Service.
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SECTION 1: Subdivision (1) of section 4 of Chapter 32 is hereby amended by striking out paragraph (p) and inserting in place thereof the following paragraphs:
(p) Any member of a contributory retirement system who is engaged in a teaching position and holds a license issued by the department of elementary and secondary education or is exempted from the requirement of licensure and who was previously employed as a teacher as defined in section 1 in a special education program for school aged children in a non-public school in the commonwealth, if the tuition of all pupils in said non-public school was financed in part or in full by the commonwealth may, before the date any retirement allowance becomes effective for him, establish such service as creditable service by depositing into the annuity savings fund of the system of which he is a member in one sum, or in installments, upon such terms and conditions as the board may prescribe, an amount equal to that which would have been withheld as regular deductions from his regular compensation for such previous period, or most recent portion thereof, as he may elect, had such service been rendered in a public school of the commonwealth plus buyback interest to the date of such deposit for such previous period, or most recent portion thereof, as he may elect. Payment shall not be made and no credit shall be allowed for such non-public school service in excess of the total service rendered in a public school of the commonwealth to which the member would be entitled to receive credit if he remained in service to age sixty-five, with the maximum credit for service in such non-public schools not to exceed ten years; provided, that no credit shall be allowed and no payment shall be accepted for any service for which the member shall be entitled to receive a retirement allowance, annuity or pension from any other source. Upon completion of such payments, such member shall receive the same credit for such period of his previous non-public school service or portion thereof elected, as would have been allowed had such service been rendered by him in a public school of the commonwealth. Such member shall furnish the board with such information as it shall require to determine the amount to be paid and the credit to be allowed under this paragraph. At the time a retirement allowance becomes due to a member or to a beneficiary under option (d) of subdivision (2) of section twelve, if the service rendered in public schools of the commonwealth on the date either the retirement allowance becomes effective, or on the date the member attained age sixty-five, whichever occurs first, is less than the service in said non-public schools for which the member has paid, credit shall be allowed only for the most recent service rendered in said non-public schools equal to such service rendered in the public schools of the commonwealth and the amount paid for such additional service shall be refunded with accumulated interest, refund to be made only when the retirement allowance becomes due to the member or to the beneficiary under option (d) of subdivision (2) of section twelve, and if it is found that payment has been accepted for any service for which the member is entitled to a retirement allowance, annuity or pension from any other source, the amount paid for such service with accumulated interest shall also be refunded with no retirement credit allowed.
For the purposes of this section, “non-public school” shall mean an institution operated by a private entity in the Commonwealth that will lead to or award school-aged children either a high school diploma or its equivalent; service in a “non-public school” does not include activities in a residence or afterschool program.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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[]
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An Act relative to the utilization of the systematic alien verification for entitlements program by the Commonwealth
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H200
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HD1387
| 193
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{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:19:52.55'}
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[{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:19:52.55'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H200/DocumentHistoryActions
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Bill
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By Representative Lombardo of Billerica, a petition (accompanied by bill, House, No. 200) of Marc T. Lombardo relative to eligibility for certain entitlement programs. Children, Families and Persons with Disabilities.
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SECTION 1. Subsection B of section 2 of chapter 18 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following clause:-
(t) verify that an applicant for benefits through any transitional assistance financial assistance program administered by the department is a United States citizens or lawfully present alien prior to providing any benefits. The department shall register for the systematic alien verification for entitlements program established by the United States Citizenship and Immigration Services and shall use said program to verify an applicant’s eligibility pursuant to this clause.
SECTION 2. Section 3 of chapter 23B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(w) verify that an applicant for benefits through any housing program for low and moderate income families administered by the department is a United States citizens or lawfully present alien prior to providing any benefits. The department shall register for the systematic alien verification for entitlements program established by the United States Citizenship and Immigration Services and shall use said program to verify an applicant’s eligibility pursuant to this paragraph.
SECTION 3 . Section 2 of chapter 111I of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The department of public health shall verify that an applicant for benefits through the WIC program is a United States citizens or lawfully present alien prior to providing any benefits. The department shall register for the systematic alien verification for entitlements program established by the United States Citizenship and Immigration Services and shall use said program to verify a beneficiary’s eligibility pursuant to this paragraph.
SECTION 4. Section 9A of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
(17) The division shall verify that a beneficiary is a United States citizens or lawfully present alien prior to providing any medical benefits through MassHealth. The division shall register for the systematic alien verification for entitlements program established by the United States Citizenship and Immigration Services and shall use said program to verify a beneficiary’s eligibility pursuant to this paragraph.
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An Act relative to benzodiazepines and non-benzodiazepine hypnotics
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H2000
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HD1214
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T11:41:06.41'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T11:41:06.41'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T19:08:51.2533333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-10-02T12:48:01.0233333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-20T09:53:08.2666667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-10-02T15:29:37.3166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2000/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2000) of Paul McMurtry and Brian M. Ashe relative to benzodiazepines and non-benzodiazepine hypnotics. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of “Agent” the following definition:-
“Benzodiazepine”, any substance or drug which contains a benzene ring fused to a 7 member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam.
SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further amended by inserting after the definition of “Narcotic drug” the following definition:-
“Non-benzodiazepine hypnotic”, any substance or drug which produces effects similar to that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon, zopiclone, and zolpidem.
SECTION 3. The first paragraph of section 21 of said chapter 94C, as so appearing, is hereby amended by adding the following sentence:-
In filling a prescription for a benzodiazepine or a non-benzodiazepine hypnotic prescription, the pharmacist shall ensure that the label includes a cautionary statement explaining the risks associated with long-term use which shall be bolded and contained within a box.
SECTION 4. Said section 21 of said chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-
The department of public health shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational information about: (i) misuse and abuse by adults and children; (ii) risk of dependency and addiction; (iii) proper storage and disposal; (iv) addiction support and treatment resources; and (v) the telephone helpline operated by the bureau of substance abuse services established in section 18 of chapter 17. A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic.
SECTION 5. Section 23 of said chapter 94C, as so appearing is hereby amended by adding the following subsection:-
(i) A written prescription for less than a 10 day supply of a benzodiazepine or a non-benzodiazepine hypnotic shall not be refilled.
SECTION 6. Chapter 112 of the General Laws is hereby amended by inserting after section 12GG, as inserted by section 2 of chapter 454 of the acts of 2016, the following section:-
Section 12HH. No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic, as defined in section 1 of chapter 94C, without first obtaining the patient’s written informed consent. The commissioner of public health shall prescribe a form for physicians to use in obtaining such consent. This form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information: (i) misuse and abuse by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated with long-term use of the drugs.
Nothing in this section is intended to abolish or limit any common law rights of persons other than those whose rights it governs for the purpose of any civil action.
SECTION 7. Said chapter 94C is hereby amended by inserting after section 19C, as inserted by section 92 of chapter 46 of the acts 2015, the following section:-
Section 19D. the department of public health shall promulgate regulations establishing protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize the patient's symptoms of withdrawal; provided however, that the department shall not mandate that a patient currently prescribed benzodiazepines or non-benzodiazepine hypnotics discontinue use. No practitioner shall discontinue a patient's prescription of a benzodiazepine or non-benzodiazepine hypnotics in a manner inconsistent with the regulation established by the department of public health, and shall adhere to a patient or symptom guided taper.
SECTION 8. There is hereby established a special commission to study protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize the patient’s symptoms of withdrawal. The commission shall consist of 9 members; 1 member of the house of representatives, to be appointed by the speaker of the house; 1 member of the senate, to be appointed by the president of the senate; 4 members to be appointed by the governor, 1 of whom shall be a psychiatrist licensed to practice in the commonwealth, 1 of whom shall be a representative from the bureau of substance abuse services, 1 of whom shall be a representative from the Center for Addiction Medicine at Massachusetts General Hospital, and 1 of whom shall be an advocate from the addiction treatment community; the secretary of health and human services, or a designee; the commissioner of public health, or a designee and the commissioner of mental health, or a designee.
The commission shall report its findings and recommendations to the governor and the clerks of the house of representatives and the senate, including any recommendations for legislation or regulations, within 4 months of the effective date of this act.
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An Act relative to improving mental health care through innovation
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H2001
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HD3236
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-20T11:11:06.16'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-20T11:11:06.16'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T11:39:51.7166667'}]
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2001) of Paul McMurtry and Vanna Howard that the Department of Mental Health be authorized to establish a program for the treatment and support of people with mental illness and brain-based disorders. Mental Health, Substance Use and Recovery.
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Chapter 19 of the General Laws is hereby amended by adding the 3 following sections:-
Section 25. The department shall establish a comprehensive program for the research, technology transfer, design, development and commercialization of technologies for the treatment and support of people with mental illness and brain-based disorders and to promote such programs the department shall provide grants to state agencies, programs, and institutions that provide mental healthcare services to pilot cutting edge technology; including but not limited to: (i) supporting research and innovation in mental healthcare to reduce costs to the state and draw companies and research dollars to the commonwealth, while improving the quality of life for people with mental illness; (ii) creating programs to grow and foster a research and innovation eco-system for brain health technologies in Massachusetts; (iii) innovation support for companies and researchers focused on mental healthcare; (iv) model the successful activities the commonwealth has taken to grow and develop bio-technology, medical technology, green technology, and computer technology industries and leverage the current innovation economy and eco-system; and (v) close the innovation gap between the lack of innovation in mental healthcare and in bio-technology, medical technology, green technology, and computer technology.
The department shall establish standards for the development of the program.
Section 26. (a) There shall be a separate fund to be known as the Mental Health and Innovation Fund, which shall be sited within the department. The fund shall to support mental health and innovation projects in the commonwealth. The fund shall be an expendable trust fund and shall not be subject to appropriation.
(b) There shall be credited to the fund, revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, and gifts, grants, private contributions, repayment of loans, investment income earned on the fund's assets, and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the general fund.
Section 27. (a) There shall be established an oversight committee to the program established by section 25 and the fund established by section 26, which shall make policy recommendations to the department regarding program and funding activities.
(b) The committee shall be comprised of the following members: the commissioner of the department of public health or a designee; the commissioner of the department of mental health or a designee; the secretary of the executive office of public safety and security or a designee; the commissioner of the department of children and families; the secretary of the executive office of health and human services or a designee; and 4 individuals to be appointed by the governor, 1 of whom shall be an individual engaged in technology and innovation, 1 of whom shall be an individual engaged in digital health, and 1 of whom shall be a parent advocate for mental health innovation.
(c) Chapter 268A shall apply to committee members as special state employees, but the fund may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any person in which any committee member is in any way interested or involved, if such interest or involvement is disclosed in advance to the members of the committee and recorded in the minutes of the committee meeting. No committee member having such an interest or involvement may participate in any action of the committee relating to such person. Employment by the commonwealth or service in any agency thereof shall not be deemed to be such an interest or involvement.
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An Act relative to harm reduction and racial justice
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H2002
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HD2741
| 193
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{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T15:47:57.083'}
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[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T15:47:57.0833333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-27T14:12:08.4566667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-27T14:12:08.4566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T10:09:02.9533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T13:46:36.9866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-16T12:10:13.0833333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T12:09:19'}]
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T15:59:10.65'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2002/DocumentHistoryActions
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Bill
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By Representatives Montaño of Boston and Connolly of Cambridge, a petition (accompanied by bill, House, No. 2002) of Samantha Montaño, Mike Connolly and others relative to the possession of controlled substances. Mental Health, Substance Use and Recovery.
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Chapter 94C of the General Laws is hereby amended by striking out section 34, as so appearing, and inserting in place thereof the following section:-
Section 34. No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter, any person who violates this section shall be subjected to participating in a needs screening to identify health and other service needs, including but not limited to services that may address any substance use disorder and mental health conditions, lack of employment, housing, or food, and any need for civil legal services. The screening should prioritize the individual's self-identified needs for referral to appropriate services. The screening shall be conducted by individuals trained in the use of evidence-based, culturally and gender-competent trauma-informed practices. Upon verification that the person has completed the screening within forty-five days of when the needs screening was imposed, the citation will be dismissed. Completion of the screening shall not be deemed an admission of any kind and no legal findings shall be made based on the issued citation.
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An Act relative to mental health and suicide prevention
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H2003
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HD3837
| 193
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{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-20T14:30:46.48'}
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[{'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-20T14:30:46.48'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T13:36:16.13'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:32:19.7366667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:58:55.6733333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:39:36.8966667'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:17:11.58'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T05:23:29.9766667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T21:16:06.5933333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T09:20:10.8133333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:58:09.2'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T19:00:16.1633333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-10-11T09:54:49.1166667'}]
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Bill
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By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 2003) of Mathew J. Muratore and others relative to mental health and suicide prevention. Mental Health, Substance Use and Recovery.
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SECTION 1.There shall be established the Massachusetts Commission on Suicide Prevention and Mental Health Crisis Management to be comprised of seven members; The Governor or his/her designee, the Attorney General or his/her designee, the Secretary of Health and Human Services or his/her designee, the Commissioner of The Department of Mental Health or his/her designee, the Commissioner of Executive Office of Public Safety and Security or his/her designee, the Speaker of the House or his/her designee, and the Senate President or his/her designee.
Said commission shall examine the state of suicide prevention and mental health crisis management in the Commonwealth. The commission will include in its study emergency and outpatient care needs, inpatient and long-term care needs, facility and infrastructure needs, public information and outreach; professional training needs and potential shortages, establishing a dedicated fund suitable to accept donations from charitable organizations for said needs and other means of funding sources.
Said commission shall examine current and proposed suicide prevention and mental health crisis management measures including but not limited to counseling services, diversionary programs, doctors’ interventions, police wellness visits, court programs, youth education, Sections 12 and Section 35 of Chapter 123 and shall issue a report no later than January 1, 2025 with recommendations for improvements to those efforts including expanded access, additional channels of communication, improvements to follow up programs, assistance on securing a home from materials that could be a danger to individuals who may be a risk to themselves, and increased marketing.
Said commission shall also report on the current relative statistics regarding suicide and the means of suicide as established by the Injury Surveillance Program under the Massachusetts Department of Public Health; and shall also include legal information on how certain means of suicide or harm such as firearms, excessive medications or alcohol, suffocation or hanging can be handled if believed to be a potential hazard.
SECTION 2. The Department of Mental Health shall develop materials available to the public for a wellness follow up program. The program shall offer assistance on how to conduct a home inspection for materials that could be a danger to person who may be a risk to themselves as well as information on mental health wellness assistance. The information shall also include legal information on how certain means of suicide or harm such as firearms, excessive medications or alcohol can be legally and safely handled if found.
The Department of Mental Health shall develop public relation materials, public service announcements, and other means to make the general public aware of Mass 211 services and other services such as the Federal 988 program.
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An Act to establish a special task force on best practices for sober homes
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H2004
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HD646
| 193
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T22:33:41.713'}
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[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-14T22:33:41.7133333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-07-09T07:15:59.8566667'}]
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Bill
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By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 2004) of Tram T. Nguyen that the Department of Public Health establish a special task force on alcohol and drug free housing to investigate best practices for alcohol and drug free sober homes. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 18A of Chapter 17 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the words “best practices”, in line 28, the following words:-
", comply with standards of best practice as established by rules and regulations promulgated pursuant to this section,"
SECTION 2. Said section 18A of said Chapter 17 of the General Laws is hereby further amended by adding the following subsection:-
(i) The department of public health shall establish a special task force on alcohol and drug free housing to investigate best practices for alcohol and drug free housing in the commonwealth, including but not limited to; (i) the presence of on-site supervisors; (ii) access to treatment; (iii) proper medication dispensing practices; (iv) local zoning control over such housing; and (v) persons released on probation for drug-related offenses and ordered to reside in such housing, including the recidivism rate of such persons and the role of the probation officers and the sheriff’s department in the process of monitoring such persons after their release to such housing. The department shall promulgate rules and regulations establishing standards of best practice for alcohol and drug free housing based on the results of the investigation conducted by the task force. Only those facilities that meet these standards shall be authorized to be known as "sober homes."
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An Act relative to recovery coach licensure
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H2005
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HD3672
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-20T14:11:34.093'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-20T14:11:34.0933333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T19:53:27.05'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-02-03T10:13:45.49'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T10:04:51.8166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-06T10:04:51.8166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T14:46:22.9666667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-06T14:46:22.9666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T11:31:19.7833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:54:22.1333333'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-14T08:53:15.4633333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T17:08:07.88'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-02-13T11:29:04.2866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-07-10T13:21:14.04'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T16:09:01.3866667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T11:54:23.5566667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-14T10:48:04.9266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:39:09.5'}]
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 2005) of James J. O'Day and others for legislation to establish a board of registration of licensed recovery coaches. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 9 of chapter 13 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “workers” in line 8, the following words:- , the board of registration of recovery coaches,
SECTION 2. Said chapter 13 is hereby further amended by adding the following section:-
Section 110. (a) There shall be, within the department of public health, a board of registration of licensed recovery coaches that shall consist of 12 members to be appointed by the governor, 1 of whom shall be the commissioner of public health or a designee; 1 of whom shall be the commissioner of mental health or a designee; 6 of whom shall be employed as a recovery coach, recovery coach supervisor or educator representing demographic diversity from region, workplace, gender identification, culture or race; 1 of whom shall be a family member to an individual with a substance use disorder; 1 of whom shall represent a health plan; 1 of whom
shall be a licensed physician or nurse specializing in addiction; and 1 of whom shall be a person with lived experience from a substance use disorder and received recovery coaching services. Members of the board shall be residents of the commonwealth.
(b) Each member of the board shall serve for a term of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed. A member shall not serve for more than 2 consecutive terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive terms in addition to the remainder of that unexpired term.
(c) A member may be removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office.
(d) The board shall, at its first meeting and annually thereafter, organize by electing from its membership a chair, a vice-chair and a secretary. Those officers shall serve until their successors are elected.
(e) The board shall meet at least four times annually and may hold additional meetings at the call of the chair or at such times as may be determined by the board. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
SECTION 3. Section 1 of chapter 112 is hereby amended by inserting after the word “dentistry”, in line 12, the following words:- , the board of registration of recovery coaches,
SECTION 4. Section 164 of said chapter 112 is hereby amended by inserting after the word “therapist”, in line 23, the following words:- , recovery coach, authorized to practice under sections 290 to 292, inclusive,
SECTION 5. Said chapter 112 is further amended by adding after section 289 the following 3 sections:-
Section 290. (a) The following words as used in sections 290 to 292, inclusive, unless the context otherwise requires, shall have the following meanings:-
“Board”, the board of registration of recovery coaches, established under section 110 of chapter 13.
“Licensed Recovery Coach”, an individual who is authorized to practice with the title of licensed by the board of registration of recovery coaches under this chapter and who uses shared understanding, respect and mutual empowerment to help others become and stay engaged in the process of recovery from a substance use disorder.
“Lived experience”, the experience of addiction and recovery from a substance use disorder.
(b) The board shall have the following powers and duties:
(1) to promulgate regulations and adopt such rules as are necessary to regulate recovery coaches;
(2) to receive, review, approve or disapprove initial applications, renewals and reinstatement requests, and to issue those authorizations to practice;
(3) to establish administrative procedures for processing applications submitted under clause (2) and to hire or appoint such agents as are appropriate for processing applications;
(4) to retain records of its actions and proceedings in accordance with public records laws;
(5) to establish specifications for the authorized practice of recovery coaching; provided, that the specifications shall require individuals to have lived experience and demonstrate at least 2 years of sustained recovery; provided further, that the lived experience requirement may be waived for individuals who were credentialed by the Massachusetts Board of Substance Abuse Counselor Certification before the establishment of the board.
(6) to define by regulation the appropriate standards for education, core competencies, and experience necessary to qualify as an authorized recovery coach, including, but not limited to, continuing professional education requirements; provided, that the board shall consider any standards contained within recovery coach training programs established by the department of public health;
(7) to establish an ethical code of conduct for recovery coaches authorized to practice by the board; provided, that the board shall consider any codes of conduct for recovery coach training programs established by the department of public health;
(8) to establish standards of supervision for students or persons in training to become a recovery coach; provided, that the board shall consider standards contained within recovery coach training programs established by the department of public health;
(9) to fine, censure, revoke, suspend or deny recovery coaches' authorization to practice, place on probation, reprimand or otherwise discipline a recovery coach for violations of the code of ethics or the rules of the board;
(10) to summarily suspend a recovery coach who poses an imminent danger to the public; provided, that the recovery coach shall be afforded a hearing within 7 business days to determine whether the summary action is warranted; and
(11) to perform other functions and duties as may be required to carry out this section.
Section 291. (a) An application to be a licensed recovery coach, under section 290, shall be made on forms approved by the board, signed under the penalties of perjury by the person certifying the information contained therein and accompanied by the required fee. The fee shall be determined by the secretary of administration and finance under section 3B of chapter 7. A recovery coach applicant shall furnish satisfactory proof that the applicant is at least 18 years of age, is of good moral character of recent history and has met all the education, training and experience requirements and qualifications as established by the board. A “Certified Addictions Recovery Coach (CARC)” certification shall serve as satisfactory proof for application requirements inclusive of test exemption for a limited time period as determined by the board.
(b) The board, in consultation with the department of public health, shall determine the renewal cycle and renewal period for recovery coaches. A recovery coach authorized to practice under this chapter shall apply to the board for a renewal not later than the expiration date, as determined by the board, unless earlier revoked, suspended or canceled as a result of a disciplinary proceeding. As a condition for renewal under this section, the board may require satisfactory proof that the recovery coach has successfully completed the required number of
hours of continuing education in courses or programs approved by the board or has complied with such other requirements or equivalent requirements as approved by the board. Upon satisfactory compliance with the requirements and successful completion of the continuing education requirements, the board shall issue a renewal. The board may provide for the late renewal that has lapsed and may require payment of a late fee. Each renewal application submitted to the board shall be accompanied by a fee as determined by the secretary of administration and finance under section 3B of chapter 7. The board may authorize a recovery coach to practice by reciprocity. The board shall promulgate rules and regulations as may be necessary to implement this section.
Section 292. (a) The title “Licensed Recovery Coach” shall only be used by individuals who have met the requirements and qualifications and hold a valid, current authorization issued by the board. The use by any person not so authorized of any words, letters, abbreviations or insignia indicating or implying a person is an authorized recovery coach shall be a violation of this section for which the board may issue a cease and desist order and seek additional appropriate legal remedies. A person in the process of accruing work hours required for credentialing may still perform recovery coach duties, so long as they do not advertise themselves as “Licensed”.
(b) A person who violates subsection (a) shall be liable for a fine as determined by the board.
(c) No person filing a complaint alleging a violation of law or of the regulations of the board, reporting information pursuant to such laws or regulations or assisting the board at its request in any manner in discharging its duties and functions shall be liable in any cause of
action arising out of the board's receipt of such information or assistance, if the person making the complaint, or reporting or providing such information or assistance, does so in good faith and without malice.
SECTION 6. No person shall be found to have violated section 292 of chapter 112 of the General Laws until 6 months after the board of registration of recovery coaches first issues an authorization to practice under said chapter 112.
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An Act relative to applied behavioral health clinic rates
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H2006
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HD3833
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-20T14:45:36.45'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-20T14:45:36.45'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T22:49:05.14'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T10:44:04.48'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-27T11:54:09.1033333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-03-27T19:14:25.97'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-04-11T11:34:23.3533333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-11T22:27:22.2966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-04T10:35:29.8233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2006/DocumentHistoryActions
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 2006) of James J. O'Day and Daniel M. Donahue relative to applied behavioral health clinic rates. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 118E of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting after 13D the following section:-
Section 13D ½.
(a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health clinic”, a clinic licensed by the department of public health pursuant to section 3 and sections 51 through 56 of chapter 111 of the general laws, as appearing in the 2020 official edition, and regulated pursuant to title 130 of the code of Massachusetts regulations 429.000.
“Behavioral health services”, evaluation, diagnosis, treatment, care coordination, management, or peer support of patients with mental health, developmental or substance use disorder.
“Independent practitioner”, an individual who is licensed by the board to practice independent clinical social work and who meets the qualifications set forth in section 131 of chapter 112 of the general laws, as appearing in the 2020 official edition, for an independent clinical social worker and is regulated pursuant to title 130 of the code of Massachusetts regulations 462.000.
“Minimum payment rates”, rates of payment for services below which managed care entities may not enter into provider agreements.
(b) The division shall increase minimum payment rates for behavioral health services by 5% per procedure code for rates of payment effective as of January 1, 2023.
(c) Pursuant to sections 13C and 13D, and notwithstanding applicable state and federal laws, the division shall ensure that each rate of payment or component payment in a bundled rate for behavioral health services delivered in behavioral health clinics are no less than 20% above comparable behavioral health services delivered by independent practitioners.
(d) The division shall review behavioral health service rates biennially. This review shall include, but not be limited to the following: (i) adoption of an inflationary adjustment factor no less than the total Medicare Economic Index percentage for the past two calendar years; (ii) where possible, comparison of the wage estimate for each classification of staff position to the 75th percentile wage estate for that position as determined by the most current United States Bureau of Labor Statistics for the commonwealth; and (iii) consideration of the reasonable cost to providers of any existing or new governmental mandate that has been enacted, promulgated or imposed by any governmental unit or federal governmental authority.
SECTION 2. Said chapter 118E is hereby amended by inserting after section 13K the following new section:-
Section 13L.
(a) For the purposes of this section, the following words shall have the following meanings:
“Behavioral health clinic”, a clinic licensed by the department of public health pursuant to section 3 and sections 51 through 56 of chapter 111 of the general laws, as appearing in the 2020 official edition, and that is regulated pursuant to title 130 of the code of Massachusetts regulations 429.000.
“Behavioral health services”, evaluation, diagnosis, treatment, care coordination, management or peer support of patients with mental health, developmental or substance use disorder.
“Independent practitioner”, an individual who is licensed by the board to practice independent clinical social work and who meets the qualifications set forth in section 131 of chapter 112 of the general laws, as appearing in the 2020 official edition, and who is regulated pursuant to title 130 of the code of Massachusetts regulations 462.000.
“Managed care entity”, all contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan, and accountable care organizations.
“Minimum payment rates”, rates of payment for services below which managed care entities may not enter into provider agreements.
(b) Notwithstanding applicable state and federal laws, the division shall direct its managed care entities to increase minimum payment rates for behavioral health services by 5% per procedure code for rates of payment effective as of January 1, 2023.
(c) The division shall direct managed care entities to ensure that each rate of payment or component payment in a bundled rate for behavioral health services delivered in behavioral health clinics is no less than 20% above comparable behavioral health services delivered by independent practitioners.
(d) The division shall review rates of payment by managed care entities for behavioral health services biennially. This review shall include, but not be limited to the following: (i) adoption of an inflationary adjustment factor no less than the total Medicare Economic Index percentage for the past two calendar years; (ii) where possible, comparison of the wage estimate for each classification of staff position to the 75th percentile wage estate for that position as determined by the most current United States Bureau of Labor Statistics for the commonwealth; and (iii) consideration of the reasonable cost to providers of any existing or new governmental mandate that has been enacted, promulgated or imposed by any governmental unit or federal governmental authority.
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An Act enabling physician assistants to authorize psychiatric holds and ensure adequate training on their use
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H2007
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HD2612
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T11:48:45.597'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T11:48:45.5966667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-22T11:12:31.98'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-12T10:56:15.81'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-12T10:56:15.81'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-14T11:23:49.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2007/DocumentHistoryActions
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2007) of Edward R. Philips relative to authorizing physician assistants to issue psychiatric holds and ensure adequate training on their use. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 12 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 8, by inserting after the words “licensed independent social worker licensed pursuant to sections 130 to 137, inclusive, of chapter 112,” the following words: “or a Physician Assistant licensed pursuant to section 9(e) of chapter 112”.
SECTION 2. Said section 12 is hereby further amended, in line 17, by inserting after the words “qualified psychiatric nurse mental health clinical specialist,” the following words, “physician assistant,”.
SECTION 3. Said section 12 is hereby further amended, in line 21, by inserting after the words “qualified psychiatric nurse mental health clinical specialist,” the following words, “physician assistant,”.
SECTION 4. Said section 12 is hereby further amended at the end by adding the following subsection:-
(f) Before any individual authorized to do so by this section of the general laws shall restrain an individual or authorize a psychiatric hold, the individual shall undergo three hours of specialized training in direct mental health evaluation. The training shall be developed pursuant to regulations and specifications developed by the department of mental health.
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An Act helping overdosing persons in emergencies
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H2008
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HD1555
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:40:20.913'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-18T11:40:20.9133333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-18T15:24:02.1833333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T17:09:21.53'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T14:06:19.49'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T14:52:25.97'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T09:48:15.4233333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T10:29:59.87'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-27T09:03:42.91'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-06T09:52:59.1566667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-06T09:52:59.1566667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T16:26:41.7433333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:26:35.8533333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-03T14:54:25.53'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:44:01.5233333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T16:19:46.0033333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T09:15:51.4266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-16T11:29:13.2866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T15:59:01.6833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-28T12:38:02.3966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T13:35:39.1333333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-11T12:43:16.4766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-22T12:17:59.9533333'}]
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-18T15:24:02.077'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2008/DocumentHistoryActions
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Bill
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By Representative Pignatelli of Lenox and Senator Lovely, a joint petition (accompanied by bill, House, No. 2008) of Smitty Pignatelli, Joan B. Lovely and others relative to the requirements and procedures necessary for first responders to provide urgent help to persons at risk of serious and deadly harm from opioids and opioid overdose. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Opiate” the following definition:-
“Opioid antagonist”, a drug, including but not limited to naloxone, approved by the federal Food and Drug Administration for the complete or partial reversal of an opioid or opiate overdose.
SECTION 2. Section 34A of chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following 2 subsections:-
f) State and municipal law enforcement personnel and emergency medical personnel including, but not limited to, emergency medical technicians, paramedics, and fire department personnel may provide and transfer an opioid antagonist to an individual or to an individual’s family member, friend, or other person with knowledge of an individual’s prior substance use, along with instructions on administration and use of the opioid antagonist, to provide opioid overdose protection to an individual. The provision and transfer of an opioid antagonist shall be based upon the good faith judgement of the law enforcement or emergency medical personnel including but not limited to their experience, training, knowledge, observations and the information provided by an individual at substantial risk of experiencing an opioid-related overdose event or from an individual’s family, friend or others with knowledge of an individual’s prior opioid use; provided, however, that such provision or transfer of opioid antagonists shall be subject such drug’s availability; provided further, that a governmental entity or organization that employs such law enforcement and emergency medical personnel may promulgate or implement reasonable rules or regulations concerning such provision or transfer.
(g) A person acting in good faith may provide, administer or utilize testing equipment to assist another person in identifying or analyzing the strength, effectiveness or purity of a controlled substance. A person who, in good faith, provides, administers or utilizes testing equipment to assist another person in identifying or in analyzing the strength, effectiveness or purity of a controlled substance shall not be charged or prosecuted for possession of a controlled substance under section 34 or possession of drug paraphernalia under section 32I. Testing equipment shall include, but not be limited to, fentanyl test strips, colorimetric reagents, high-performance liquid chromatography, gas chromatography and mass spectrometry.
SECTION 3. Section 201 of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
First aid training required under this section shall include instruction on how to administer opioid antagonists, in overdose emergencies. The training for the administration of opioid antagonists shall meet the standards prescribed by the department. Required personnel shall satisfactorily complete an initial instruction as soon as practical, but in no event more than 1 year after the start date of their employment. Notwithstanding the foregoing, required personnel who began their employment before the effective date of the training requirement prescribed under this paragraph shall satisfactorily complete their instruction as soon as practical, but in no event more than 1 year after said effective date. Satisfactory completion of a refresher course in administering opioid antagonists as approved by the department shall be required every 3 years, unless the department establishes an earlier time requirement by regulation.
SECTION 4. Said chapter 111, as so appearing, is hereby further amended by inserting after section 201, the following section:-
Section 201½. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Emergency first response vehicle”, any official government motor vehicle and motorized watercraft that is intended and primarily operated to provide for the transport and rapid response of first responders to emergencies involving the public.
“First responders”, members of police and fire departments, members of the state police participating in highway patrol, and members of emergency reserve units of a volunteer fire department or fire protection district, who are trained to administer an opioid antagonist pursuant to the first aid training requirements under section 201; provided, however, that first responders shall not include police officers, fire department personnel and persons engaged in police and fire work whose duties are primarily clerical or administrative.
“Opioid antagonist”, as defined in section 1 of chapter 94C.
(b) A governmental entity or organization shall be responsible to provide on duty first responders with an opioid antagonist for use in opioid overdose emergencies. This requirement shall be complied with by implementing 1, or any part or combination, of the following methods: (i) equipping emergency first response vehicles under its ownership, care or control with an opioid antagonist; or (ii) supplying an opioid antagonist to its first responders to be carried by such persons when on duty; provided, however, that replacement doses are made available no less than 48 hours following the administration of the last remaining dose of opioid antagonist provided by the government entity or organization to the first responder or made available in the emergency first response vehicle.
(c) The requirement of a government entity or organization to provide its first responders with an opioid antagonist under this section, shall be subject to such drug’s availability, provided the government entity or organization has taken reasonable measures, as soon as practicable, to acquire and replenish its supply of an obtainable opioid antagonist to comply with this requirement.
(d) No cost shall be assessed to first responders by their employing or appointing governmental entity or organization for any opioid antagonist required under this section to be supplied or made available to first responders, including any device necessary for first responders to carry the drug when on duty, which shall be provided by such entity or organization.
(e) The immunity provisions established under subsection (g) of section 19B and 34A of chapter 94C shall also apply to first responders who administer an opioid antagonist.
SECTION 5. Subsections (b) through (d), inclusive, of Section 4 shall take effect 8 months after the passage of this act.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith certain requirements and procedures necessary for first responders to provide urgent help to persons at risk of serious and deadly harm from opioids and opioid overdose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
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An Act advancing public health and safety using fentanyl testing strips
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H2009
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HD104
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:14:52.82'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-09T12:14:52.82'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T19:30:01.1333333'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:11:30.0133333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T11:58:59.33'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-26T11:38:23.5433333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-07T15:01:54.7166667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:43:16.7766667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-19T13:59:15.09'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-09T16:59:05.7033333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-07-13T13:00:58.76'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T22:45:11.56'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:40:18.2733333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-05T16:51:15.4833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T01:04:19.22'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T09:10:10.5566667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-21T11:19:51.5166667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T08:05:34.1233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2009/DocumentHistoryActions
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Bill
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2009) of Smitty Pignatelli and others that the Executive Office of Health and Human Services develop a pilot program to implement and study the use of fentanyl testing strips by individuals addicted to opioids and other substances. Mental Health, Substance Use and Recovery.
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SECTION 1. There shall be a pilot program for the purpose of implementing and studying the efficacy, public health, and public safety outcomes of the use of fentanyl testing strips by individuals addicted to opioids and other substances.
The executive office of health and human services shall develop a 3-year pilot program to implement and study the public health and public safety outcomes of fentanyl testing strips. The pilot program shall be a competitive grant process. The office shall develop criteria for grant eligibility, which shall include the implementation of a fentanyl testing program which shall be designed to (1) enable those struggling with opioid and other drug addiction to test for the presence of fentanyl and other derivatives prior to each episode of drug use; (2) study the program’s public health and public safety outcomes, including any strategies or behaviors adopted by individuals using test strips that result in the reduction of overdose and overdose death and; (3) enable the use of fentanyl test strips by police, service providers, individuals dependent on drugs, and others to support the creation of rapid response systems and public health warnings to reduce the incidence of overdose deaths. The office shall develop and make public a list of laboratories offering quality test strips. The list shall be updated annually as part of this pilot program.
SECTION 2. The executive office of health and human services may promulgate rules and regulations for the pilot program, which may include, though not necessarily be limited to:
(i) regulate the nature and manner of testing;
(ii) regulate the procedures and apparatus for testing;
(iv) require and provide for a data collection and management plan to be used by the office to manage outreach, testing, data access, fees and fee payments, and any required reports; and
(v) allow for those participating in the program, in addition to any and all necessary education, treatment, or rehabilitation programs, to access government and non-governmental drug addiction treatment programs while accessing fentanyl testing strips.
The office shall develop guidelines and an evaluation process for review of the fentanyl testing strip program.
SECTION 3. The executive office of health and human services shall report annually on the activities and status of the program to the clerks of the senate and the house, who shall forward the report to the senate and house co-chairs of the joint committee on mental health and substance abuse. The report shall include a list and description of all programs that received grant funds, the size of the grant awarded to each program, other sources of public funds that supported each program, a detailed analysis of the impact of each program, including the number of individuals participating, the types of services each participant received, the health and safety outcomes of the participants at the time they completed the program and 1, 6, 12 and 24 months following participation in the program, and the lives saved and estimated savings due to reduced overdoses.
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An Act relative to supported decision making
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H201
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HD3278
| 193
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{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:40:20.667'}
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[{'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-20T11:40:20.6666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T12:34:17.5766667'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-23T10:19:34.07'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H201/DocumentHistoryActions
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Bill
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By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 201) of Christopher M. Markey, Vanna Howard and Marc T. Lombardo relative to supported decision-making agreements. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 190B is hereby amended, after section 5-507, by inserting the following new section:-
Section 5-508. Supported Decision-Making Agreements
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
"Adult" means an individual 18 years of age or older.
“Coercion” means use of force or threats to persuade someone to do something.
"Decision-maker" means an adult who seeks to execute, or has executed, a supported decision-making agreement with one or more supporters under this chapter.
"Supported decision-making" means the process of supporting and accommodating the decision-maker, without impeding the self-determination of the decision-maker, in making life decisions, including, but not limited to, decisions related to where the decision-maker wants to live; the services, supports, financial decisions, and medical care the decision-maker wants to receive; whom the decision-maker wants to live with; or where the decision-maker wants to work.
"Supported decision-making agreement" is an agreement a decision-maker enters into with one or more supporters under this section to use supported decision-making.
"Supporter" means an adult who has entered into a supported decision-making agreement with a decision-maker.
(b) A decision-maker may voluntarily, without undue influence or coercion, enter into a supported decision-making agreement with a supporter or supporters. The decision-maker may change or terminate a supported decision-making agreement at any time, per the procedure(s) outlines in section (e).
(c) Except as limited by a supported decision-making agreement, a supporter may provide to the decision-maker the following decision-making assistance with the decision-maker’s affairs with the consent of the individual with the disability:
(1) assisting with making decisions, communicating decisions, and understanding information about, options for, the responsibilities of, and the consequences of decisions;
(2) accessing, obtaining, and understanding information that is relevant to decisions necessary for the decision-maker to manage his or her affairs, including medical, psychological, financial, and educational information; and medical and other records;
(3) ascertaining the wishes and decisions of the decision-maker; assisting in communicating those wishes and decisions to other persons; and advocating to ensure their implementation; and
(4) accompanying the decision-maker and participating in discussions with other persons when the decision-maker is making decisions or attempting to obtain information for decisions.
(d) A supporter may exercise only the authority granted to the supporter in the supported decision-making agreement.
(e) The supported decision-making agreement shall remain in effect until it is revoked, suspended, or terminated in accordance with the provision of this section.
(1) If the agreement sets forth a termination date, the supported decision-making agreement shall not be effective after the termination date.
(2) The decision-maker may revoke a supported decision-making agreement by notifying the supporters orally or in writing or by any other act evidencing a specific intent to revoke the agreement.
(3) Supporter may terminate participation in the agreement by written or oral notice to the decision-maker and the remaining supporters. If the supported decision-making agreement includes more than one supporter, the supported decision-making agreement shall survive for supporters who have not terminated their participation unless it is otherwise terminated or revoked in a manner set forth by this section.
(4) The disabled persons protection commission, an elder protective services agency, the department of developmental services, the department of mental health, or an interested person may petition the probate and family court to terminate, revoke, or suspend the operation of a supported decision-making agreement. If, after notice to decision-maker and a hearing at which the decision-maker shall have the right to be present and to be heard, the Court finds by clear and convincing evidence that that the decision-maker has been abused, neglected, or exploited by a supporter or supporters, the court may revoke, terminate, or suspend for a time to be determined by the court, the supported decision-making agreement. The agreement may survive if one or more supporters who were not found to have abused, neglected, or exploited the adult with a disability continues to be willing to serve as a supporter and the decision-maker agrees. If the decision-maker is indigent, the court shall forthwith appoint counsel for the decision-maker upon the filing of any petition under this paragraph.
(f)(1) A supporter is only authorized to assist the decision-maker in accessing, collecting, or obtaining information that is relevant to a decision authorized under the supported decision-making agreement and to which the decision-maker agrees that the supporter should have access.
(2) If a supporter assists the decision-maker in accessing, collecting, or obtaining personal information, including protected health information under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) or educational records under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. section 1232g), the supporter shall ensure the information is kept privileged and confidential, as applicable, and is subject to neither unauthorized access, nor use, nor disclosure.
(g) The existence of a supported decision-making agreement does not preclude a decision-maker from seeking personal information without the assistance of a supporter.
(h) A supported decision-making agreement must be signed voluntarily, without coercion or undue influence, by the decision-maker and the supporter or supporters in the presence of two or more witnesses who are at least 18 years of age, and unrelated to the decision-maker and who are not supporters of the decision-maker, or a notary public.
(i)(1) A supported decision-making agreement is intended to be personalized by the decision-maker to reflect his or her personal circumstances.
(2) A supported decision-making agreement shall be in writing and shall:
(i) identify the decision-maker and the supporters;
(ii) describe the kinds of decisions with which the decision-maker wants assistance from each respective supporter;
(iii) indicate that the supporters agree to assist the decision-maker to make decisions, to respect the decision-maker's decisions, and, if necessary, to assist the decision-maker to communicate decisions, and, further, agree not to make decisions for the decision-maker;
(iv) indicate that the decision-maker may change, amend, or revoke the supported decision-making agreement at any time for any reason subject to the requirements of section (g);
(v) include a statement that if any person suspects the decision-maker has been abused, neglected or exploited by a supporter or supporters, the person may report the suspicion to, as applicable, the disabled persons protection commission or an elder protective services agency and shall include the contact information for the disabled persons protection commission, the elder abuse hot line, and, the human rights officer of any program providing services to the decision-maker; and
(vi) be signed by the decision-maker and the supporters, the decision-maker’s signature to be attested to by a notary public or, in the alternative, by two witnesses who are unrelated to the decision-maker and who are not supporters of the decision-making.
(j)(A) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement and recognize a decision or request made or communicated with the decision-making assistance of a supporter under this chapter as the decision or request of the decision-maker.
(B) A person who, in good faith, acts in reliance on an authorization in a supported decision-making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct for relying on a decision made in accordance with a supported decision-making agreement.
(k) Execution of a supported decision-making agreement may not be a condition of participation in any activity, service, or program.
(l) If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the decision-maker is being abused, neglected, or exploited by the supporter, the person may report the alleged abuse, neglect, or exploitation to the disabled persons protection commission in accordance with chapter 19D or the Elder Abuse Prevention Hotline in accordance with chapter 19C.
(m) Nothing in this section shall be interpreted to limit or restrict any individual’s right to execute a health care proxy pursuant to chapter 201D or a power of attorney pursuant to sections 5-501 through 5-507 of chapter 190B.
SECTION 2. Chapter 190B of the General Laws is hereby amended in section 5-303, paragraph (b)(10) by inserting at the end thereof the following:-
whether alternatives to guardianship and available supports and services to avoid guardianship, including a supported decision-making agreement, were considered; and why such alternatives to guardianship and supports and services are not feasible or would not avoid the need for guardianship.
SECTION 3. Chapter 6A of the General Laws is hereby amended by inserting after section 16F the following section:-
Section 16F ½. The executive office of health and human services shall establish a training program on supported decision-making. The training program shall include instruction by state agencies including the department of developmental services, the department of mental health, the executive office of elder affairs and a non-profit corporation or corporations.
The training program on supported decision-making shall be provided to a supporter or a decision-maker receiving decision-making assistance, and shall include the rights and obligations contained in section 5-508 of chapter 190B. The training shall be in any format accessible to the individuals receiving such training. Such training shall include trainers with disabilities and adults who receive or might receive supported decision-making assistance.
SECTION 4. Section 2 of chapter 71B of the General Laws is hereby amended by inserting at the thereof the following:-
The department of elementary and secondary education shall promulgate regulations requiring school districts and charter schools to be part of the transitional planning process to inform students and families of the availability of supported decision-making as an alternative to guardianship in such cases where adult guardianship is being contemplated.
SECTION 5. Section 3 of chapter 71B of the General Laws is hereby amended by inserting the following at the end thereof:-
For any student for whom adult guardianship is being considered at the Individual Educational Program (IEP) team meeting, the IEP team shall inform the student and family (or guardian if there is a guardian of the minor) at the earliest possible meeting of the availability of supported decision-making as an alternative to guardianship. The IEP team shall assist the child and his or her family or minor guardian in locating resources to assist in establishing a supported decision-making plan if the child and family are interested in supported decision-making. If a supported decision-making agreement is executed, the IEP team shall abide by decisions made by the student pursuant to the supported decision-making agreement.
SECTION 6. This act shall take effect six months from the date of its passage.
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An Act to establish a commission to study substance use disorder and treatment disparities in the minority community
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H2010
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HD1639
| 193
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{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-18T16:20:46.79'}
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[{'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-18T16:20:46.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2010/DocumentHistoryActions
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Bill
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By Representative Ramos of Springfield, a petition (accompanied by bill, House, No. 2010) of Orlando Ramos for legislation to establish a commission to study substance use disorder and treatment disparities in minority communities. Mental Health, Substance Use and Recovery.
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“SECTION XX. There shall be a commission established to study the disproportionate impact substance use disorders and overdoses have on the minority community of the commonwealth and corresponding disparities in substance use disorder treatment access. The commission shall: 1) review current data and trends regarding substance use and overdose rates, disparities in treatment access, and corresponding causes in the minority community; 2) evaluate the effectiveness of current treatment interventions within minority communities; 3) identify barriers to accessing treatment, including lack of necessary resources, education, access and training to medical needs, and the need for culturally appropriate care and intervention; and 4) recommend evidence-based strategies to reduce overdose deaths and to improve access, treatment, and education in the minority community.
The commission shall consist of the following members or a designee: the secretary of health and human services, who shall serve as chair; the commissioner of the department of public health; a representative of the Bureau of Substance Addiction Services; and 8 members appointed by the governor, 2 of whom shall be representatives from advocacy organizations with expertise in substance use disorders and treatment, 2 of whom shall be representatives from advocacy organizations with expertise in racial disparities in health care, 1 of whom shall be a representative of community health centers located in a culturally diverse location, 1 of whom shall be a provider primarily serving the minority community, 1 of whom shall be an expert in substance use disorder treatment with a focus on the minority community, and 3 of whom shall be representatives of geographically diverse organizations that promote the well-being of culturally diverse populations through culturally competent behavioral health.
The commission shall file its report, including any recommendations, with the clerks of the house of representatives and senate, the joint committee on mental health, substance use and recovery and the house and senate committees on ways and means annually not later than January 1 of each year.”
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An Act to expand equity and access to patient centered care for substance abuse disorder
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H2011
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HD3690
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-18T09:00:43.207'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-18T09:00:43.2066667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-02T09:07:44.3333333'}]
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:03:47.313'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2011/DocumentHistoryActions
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Bill
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By Representatives Santiago of Boston and Rogers of Cambridge, a petition (accompanied by bill, House, No. 2011) of Jon Santiago and David M. Rogers for legislation to expand equity and access to patient centered care for substance abuse disorders. Mental Health, Substance Use and Recovery.
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SECTION 1: Notwithstanding any special or general law to the contrary, the Department of Public Health and the Massachusetts Board of Registration in Medicine shall develop, or provide for, a healthcare provider education campaign that encourages the adoption of all FDA-approved medications for the treatment of alcohol and opioid use disorders. The goal of the campaign is to increase the number of providers offering all FDA-approved medications, directly or by referral, along with counseling and other appropriate support services. The training shall include, but not be limited to guidelines and best practices for:
A. Screening and Assessment;
B. Toxicology screens;
C. Detoxification/withdrawal management and induction to relapse prevention medication
D. Treatment Plans, including counseling frequency and type, and an informed consent process to guide medication and treatment decisions and selection
E. Addressing Co-occurring mental health disorders
F. Reducing disparities in health outcomes for underserved communities experiencing substance use disorder
G. Care Coordination;
H. Appropriate Length of Treatment; and
I. Relapse Prevention
The training developed or provided shall be accepted by the board as up to 2 continuing professional development credits.
SECTION 2: Notwithstanding any special or general law to the contrary, the Department of Public Health and the Bureau of Substance Abuse Services shall establish a peer mentoring program that supplements the healthcare provider educational campaign by providing a network for peer-to-peer trainings, materials, and prescriber and clinical team support. Peer mentors should have strong credentials, expertise and clinical experience with all FDA-approved medications for the treatment of substance use disorder. Mentors shall provide coaching for providers licensed or certified by the Department of Public Health. The Department shall prioritize the efforts of the peer mentor program for providers serving geographic areas and racially and ethnically diverse populations of the Commonwealth identified by the Department where access to medication assisted treatment is limited. Provided further, that said training program shall include, but not be limited to the following criteria: patient eligibility, optimal selection criteria, placement matching, patient engagement, team coaching and coordination, withdrawal management and induction, dosing and administration, clinical evaluation and laboratory monitoring, side effect management, co-occurring disorders management, drug-drug interactions, treatment retention, managed care interactions, and termination of medication.
SECTION 3: There shall be a grant program established to support providers who demonstrate the ability to offer all FDA-approved medications for substance use disorders, along with counseling and other supports, directly or by referral. Providers will be eligible to apply for funding to add a staff person(s) to support the expanded services. In addition to, or in substitution of state funding, the grant program may utilize applicable federal grants and state trust funds.
SECTION 4: The department of public health shall create an inventory of health care providers treating patients with medications to measure adoption of offering all FDA-approved treatment options across the Commonwealth. They shall also submit a report to the house and senate committees on ways and means and the joint committee on mental health and substance use, and recovery on the number of providers trained and any identified obstacles to expanding the number of providers offering all FDA-approved medications by January 1, 2020.
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An Act creating a commission to reform Section 12
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H2012
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HD3746
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:52:38.557'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:52:38.5566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2012/DocumentHistoryActions
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 2012) of Jon Santiago for an investigation by a special commission (including members of the General Court) relative to emergency restraint and hospitalization of persons posing a risk of serious harm by reason of mental illness. Mental Health, Substance Use and Recovery.
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There shall be a section 12 involuntary commitment commission to investigate and study the efficacy of the statute given many advancements made in this area.
The Commission shall review but not be limited to: a comprehensive re-evaluation of the current language of Chapter 123 section 12 and its requisite sub-parts; and an evaluation of the legal standards of "substantial risk of physical harm to self or others" vs "very substantial risk of physical impairment or injury".
The Commission shall also make recommendations that may include but are not limited to re-drafting the statute, revising the current statute, and directing the Department of Mental Health to draft updated regulations (104 CMR) to better interpret the above phrases in the statute.
The Commission shall evaluate the way current policy guidance and policy has changed the historical procedures.
The Commission shall evaluate the way 988 has changed the section 12 process and offer recommendations for how the efforts around 988 and changes to the involuntary commitment process may better align to reduce unnecessary use of section 12.
The commission shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the house and senate chairs of the joint committee on mental health, substance use and recovery or their designees; the house and senate chairs of the joint committee on judiciary or their designees; the minority leader of the house or a designee; the minority leader of the senate or a designee; the chief justice of the trial court or a designee; the commissioner of the department of mental health or a designee; 1 representative from each of the following organizations: Massachusetts Chiefs of Police Association; The Committee for Public Counsel Services; Massachusetts Health & Hospital Association, Inc.; Massachusetts Medical Society; Massachusetts Psychiatric Society, Inc.; Massachusetts College of Emergency Physicians, Inc.; and Massachusetts Association of Behavioral Health Systems, Inc.; National Alliance on Mental Illness Massachusetts; Massachusetts Association for Mental Illness ; Massachusetts Ambulance Association.
The commission shall file recommendations, including any proposed legislation, with the clerks of the house of representatives and the senate not later than one year after its first meeting.
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An Act relative to halfway houses
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H2013
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HD477
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:11:17.91'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-13T11:11:17.91'}]
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 2013) of Chynah Tyler for an investigation by a special commission (including members of the General Court) relative to the use of roommate houses as sober homes or halfway houses. Mental Health, Substance Use and Recovery.
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There shall be established a special commission pursuant to section 2A of chapter 4 of the General Laws to investigate and study the use of roommate houses as sober homes or halfway houses in the commonwealth. The commission shall review state and municipal laws and regulations relative to the safety of residents of roommate houses used as sober homes or halfway houses and the communities’ safety and wellness where the sober homes or halfway houses are located.
The commission shall consist of the following 11 members: the house and senate chairs of the joint committee on mental health, substance abuse and recovery, who shall serve as co-chairs; 2 members of the house of representatives to be appointed by the speaker of the house; 2 members of the senate to be appointed by the senate president; the director of the department of public health, bureau of substance addiction services or their designee; and 4 members to be appointed by the governor, 1 of whom shall have experience working in sober homes or halfway houses, 1 of whom shall be the parent of an individual with substance abuse disorders or an individual with substance abuse disorders that has lived in a sober home or halfway house and 2 of whom shall be individuals that reside in a community that directly abuts a sober home or halfway house. Members of the commission shall be drawn from diverse racial, ethnic, religious, age, disability, sexual orientation, gender identity and expression and socio-economic backgrounds, and should have personal experience, professional background or demonstrated interest on issues relating to persons with substance abuse disorders.
No later than March 31, 2022, the commission shall file its report, together with the results of its study, recommendations and drafts of recommended legislation, with the clerks of the house of representatives and the senate.
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An Act relative to recovery housing in environmental justice communities
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H2014
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HD3290
| 193
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{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-20T11:44:37.18'}
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[{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-20T11:44:37.18'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-08T09:41:42.5033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2014/DocumentHistoryActions
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Bill
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By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 2014) of Christopher J. Worrell relative to recovery housing sober homes in environmental justice communities. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 18A of chapter 17 of the General Laws is hereby repealed.
SECTION 2. Chapter 17 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 18A the following section:-
Section 18B. (a) The following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Accredited housing”, recovery housing that has been accredited by the bureau pursuant to section 18A.
“Bureau”, the bureau of substance addiction services established in section 18.
“Director”, the director of substance addiction services.
“Impacted community”, a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; or (v) the neighborhood contains more than 1 accredited housing or recovery housing building; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the bureau may designate that geographic portion as an impacted community upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the bureau may determine that a neighborhood, including any geographic portion thereof, shall not be designated an impacted community upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of accredited or recovery housing; and (D) the neighborhood has reasonable access to health and human service support systems for accredited or recovery housing.
“Operator”, the lawful owner or lessor of accredited or recovery housing or a person employed and designated by the owner to have primary responsibility for the daily operation of such housing and for maintaining standards and conditions in such housing that create an environment supportive of substance use disorder recovery.
“Recovery housing”, a residence, commonly known as a sober home, that provides or advertises as providing, an alcohol and drug free environment for people recovering from substance use disorders; provided, however, that, “Recovery housing” shall not include a halfway house, treatment unit or detoxification facility or any other facility licensed pursuant to section 7 of chapter 111E.
(b)(1) The bureau shall determine the regional need for recovery housing throughout the commonwealth. The bureau shall conduct a survey of the total statewide capacity of current voluntary accredited housing pursuant to section 18A and any other housing meeting the definition of recovery housing, including:
(i) locations of accredited housing and recovery housing by city, town and census block;
(ii) the number of occupants in each home; and
(iii) any municipal zoning, land use by-law or ordinance, or other restrictions on occupancy for such housing.
(2) Upon review of the regional need for, and distribution of, accredited housing and recovery housing across the commonwealth, the bureau may, upon application of an operator pursuant to this section issue a determination of need permit to operate recovery housing in the commonwealth; provided however, that the bureau shall not issue a permit to locate recovery housing in an impacted community.
(3) All residences that provide alcohol and drug free housing, or advertise as alcohol and drug free housing, shall apply for a determination of need permit from the bureau of substance addiction services.
(4) An operator may apply for a permit for recovery housing, notwithstanding any local zoning by-law, ordinance or law to the contrary to the requirements of this section. Section 3 of chapter 40A shall not apply to any such permit.
(d) An operator shall submit a permit application to the director that provides the following information:
(i) the location of the recovery housing;
(ii) the name, address, phone number and driver's license number of the operator;
(ii) the name, address, phone number and driver's license number of the house manager of the recovery housing;
(iii) a copy of the recovery housing’s rules and regulations;
(iv) written intake procedures;
(v) the relapse policy;
(vi) an affirmation by the operator that only residents, other than the house manager, who are persons with a disability as defined by state and federal law shall reside at the recovery housing;
(vii) blank copies of all forms that all residents and potential residents are required to complete;
(viii) the fee for the cost of processing of the application as annually determined by the secretary of administration and finance pursuant to section 3B of chapter 7.
(e) A determination of need permit may be issued where the recovery housing is located in a non-impacted neighborhood and the recovery housing is at least 1,000 feet from any property that operates recovery housing or similar home or facility as measured from the property line.
(f) An operator's permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the bureau.
(g) An operator's permit shall not be transferred to any other person or entity. No operator's permit issued pursuant to this section shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the recovery housing named therein.
(h) An operator's permit may be revoked upon a hearing by the bureau for failing to comply with the terms of the permit or for failing to comply with this section or any regulations promulgated thereto. An operator aggrieved of a permit revocation may appeal such revocation, which shall be heard in the superior court division of the trial court department in which the recovery housing is located, whose decision shall be final.
(i)(1) An applicant for an operator's permit whose application for such a permit has been denied may not reapply for a permit for a period of 6 months from the date such notice of denial was issued.
(2) A holder of a permit that has been cancelled, revoked or otherwise invalidated may not reapply for a permit for a period of 6 months from the date that such cancellation, revocation or invalidation became final.
(j) The bureau shall promulgate regulations to implement the provisions of this section.
SECTION 3. The bureau shall begin accepting applications pursuant to section 18B of chapter 17 of the General Laws not later than 120 days after the effective date of this act. Any operator of recovery housing in existence on the effective date of this act shall apply for a permit pursuant to said section 18b of said chapter 17 not later than June 30, 2024. Any other entity seeking to operate recovery housing shall receive a permit pursuant to section 18B of chapter 17 prior to operating such housing.
SECTION 4. The bureau of substance addiction services shall promulgate regulations to implement section 18B of chapter 17 of the General Laws within 90 days of the passage of this act.
SECTION 5. Section 1 shall take effect on June 30, 2024.
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An Act relative to the limited sharing of medical information with the family of mentally ill patients in emergency situations
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H2015
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HD3971
| 193
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{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T15:12:13.607'}
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[{'Id': None, 'Name': 'June McDonald', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T15:50:15.84'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2015/DocumentHistoryActions
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Bill
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By Representative Xiarhos of Barnstable (by request), a petition (accompanied by bill, House, No. 2015) of June McDonald relative to the limited sharing of medical information with the family of mentally ill patients in emergency situations. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 70E of chapter 111 of the General Laws, as appearing in the 20202 Official Edition, is hereby amended by adding the following new paragraph:-
Notwithstanding anything in this section to the contrary, the physician or other person responsible for the care of a patient suffering from severe mental illness shall be permitted to disclose certain information concerning such patient's medical condition to members of the patient's immediate family in an emergency, without the patient's prior consent; provided, that the scope and duration of such information sharing shall be limited to the extent deemed necessary by said physician or caregiver to prevent the patient from sustaining serious bodily injury, a life-threatening medical condition, or death.
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An Act providing for more efficient wetlands
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H2016
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HD1756
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:24:04.853'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:24:04.8533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2016/DocumentHistoryActions
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2016) of James Arciero relative to wetlands ordinances in cities and towns. Municipalities and Regional Government.
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SECTION 1. Section 8C of chapter 40 of the Massachusetts General Law as appearing in the 2012 official edition, is hereby amended by inserting after the second paragraph the following paragraph:-
A Conservation Commission may administer and enforce a local wetlands ordinance or by-law that is adopted by a municipality, only to the extent that it imposes standards or other requirements that are more stringent than or otherwise exceed those set forth in Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder, and only if, prior to adoption by a municipality, the Department of Environmental Protection shall review and approve any such proposed local wetlands ordinance or by-law based upon findings that the proposed ordinance or by-law has a generally recognized scientific basis, is a recommended best practice technique, is necessary to protect unusual local resources that warrant special or enhanced protection, and does not conflict with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder. An appeal of a decision made under a local wetlands ordinance or by-law shall be made to the Department of Environmental Protection in accordance with the Wetlands Protection Act (G.L. Ch. 131 § 40) and regulations (310 CMR 10.00) thereunder.
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An Act authorizing sewer and water user discounts in the town of Hopkinton
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H2017
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HD2604
| 193
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{'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-18T20:05:39.617'}
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[{'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-18T20:05:39.6166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2017/DocumentHistoryActions
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Bill
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By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 2017) of James C. Arena-DeRosa (by vote of the town) relative to authorizing the town of Hopkinton to provide discounted fees charged to income-eligible residents for the use of the water and sewer systems of said town. Municipalities and Regional Government. [Local Approval Received.] [as corrected]
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SECTION 1. Notwithstanding any general or special law to the contrary, the Town of Hopkinton Select Board may discount fees charged to income eligible residents for the use of the Town’s water and sewer systems.
SECTION 2. This act shall take effect upon its passage.
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An Act authorizing certain investments by the treasurer of the town of Hopkinton
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H2018
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HD2605
| 193
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{'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-18T20:08:21.08'}
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[{'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-18T20:08:21.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2018/DocumentHistoryActions
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Bill
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By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 2018) of James C. Arena-DeRosa (by vote of the town) relative to authorizing certain investments by the treasurer of the town of Hopkinton. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding Section 54 of Chapter 44 of the General Laws or any other general or special law to the contrary, the treasurer of the Town of Hopkinton may invest trust funds that are in the custody of the treasurer in accordance with Sections 3, 4, 5, 8, and 9 of Chapter 203C of the General Laws.
SECTION 2. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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An Act to increase kennel safety, aka Ollie’s Law
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H2019
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HD2497
| 193
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{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-19T13:41:51.073'}
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[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-19T13:41:51.0733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-20T16:30:58.56'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-20T17:41:40.7033333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T06:30:21.3333333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-23T11:46:14.2633333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-24T16:45:22.2266667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-24T16:45:09.4166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T08:53:54.7'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:41:59.5633333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-26T10:41:08.8866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:14:52.2933333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-27T14:05:55.34'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-30T16:00:04.76'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:14:23.99'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-02T10:48:11.78'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-02T20:52:01.6533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-03T08:47:31.57'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:28:17.8833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T11:36:34.7866667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-06T07:50:52.1333333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-06T07:50:52.1333333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-06T10:04:48.0966667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T13:01:22.7766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:29:13.5066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:21:07.2933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:31:05.62'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-07T21:04:15.6433333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-07T21:04:15.6433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T10:00:18.0866667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T10:00:07.2133333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:12:40.6766667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:58:03.5433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-15T16:01:31.4333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T18:06:30.6466667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T13:26:12.8566667'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T22:00:47.28'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-09T22:00:47.28'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-17T17:34:15.26'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-04-05T13:47:35.07'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-04-18T19:26:42.9566667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-19T15:17:35.0233333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-07T16:31:44.5466667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-08-08T09:13:18.94'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-12T11:18:25.1366667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-09-12T16:07:11.7966667'}]
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Bill
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By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2019) of Brian M. Ashe and others relative to kennel safety. Municipalities and Regional Government.
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SECTION 1. This Act shall be known as Ollie’s Law.
SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and inserting in place thereof, in each instance, the following figure:- 174G.
SECTION 3. Section 136A of Chapter 140 of the General Laws, is hereby further amended in the definition of “Personal kennel” by striking in line 77-79 the phrase “more than 4 dogs, 3 months old or older, owned or kept under single ownership, for private personal use;” and replacing with the following phrase:-
5 or more dogs, 6 months old or older, owned or kept under single ownership, for private personal use;
SECTION 4. Section 136A of Chapter 140 of the General Laws is hereby further amended in the definition of “Kennel” by adding in line 53 after the phrase “domestic charitable corporation kennel,” the phrase:- personal breeder kennel,
SECTION 5. Section 136A of Chapter 140 of the General Laws, is hereby further amended by inserting the following definition:-
“Personal breeder kennel”, a pack or collection of 5 or more intact female dogs on a single premise, kept for the purpose of breeding and selling the offspring to breeders or individuals by private sale, provided that this does not include a personal kennel where animals are only bred for private personal use and not offered for sale or exchange, nor a commercial breeder kennel where animals are sold or exchanged to wholesalers, brokers or pet shops in return for consideration.
SECTION 6. Chapter 129 of the General Laws is hereby amended by inserting after section 39G the following new section:-
39H. Every person operating a kennel, as defined in section 136A of Chapter 140, shall obtain a license as required by said chapter.
SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting after section 174F, the following section:-
Section 174G.
The department shall promulgate rules and regulations for commercial boarding or training kennels, including those located at a private residence, including, but not limited to staff to animal ratios, fire and emergency planning, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, dog handling, and insurance. The department shall require commercial boarding or training kennels to report injuries to animals or people. The department shall develop a form for such reporting and a time frame for submitting a report after an injury. The form shall be available on the department’s website for the public to report injuries. The department shall make investigative reports publicly available on its website if the investigation results in the department bringing enforcement action against the kennel. The department shall promulgate rules and regulations for commercial and personal breeder kennels to ensure that the animals and their offspring have proper housing, which shall include requirements for adequate space, temperature, solid flooring and a prohibition on the stacking of cages, nutrition, hydration, behavioral requirements, grooming, staffing, handling, health and veterinary care, exercise, socialization and other general standards of care.
The department shall have the ability to enforce this section under its powers in Chapter 129.
SECTION 8. There shall be a committee to advise the commissioner of agricultural resources on the promulgation of regulations as required by section 174G of chapter 140 and to annually review the regulations once promulgated. The committee should advise on issues including, but not limited to, appropriate training for kennel staff. Such committee shall be appointed by the commissioner and consist of: 1 representative from the department of agricultural resources; 1 owner of a boarding kennel or doggie daycare with a kennel license with a capacity of not more than 50 dogs; 1 owner of a boarding kennel or doggie daycare with a kennel license with a capacity of 50 or more dogs in a kennel not located in a home; 1 animal control officer or representative of an association organized in the commonwealth for animal control officers; 1 veterinarian or member of a veterinary medical association organized in the commonwealth; 1 member of the general public with an interest in the well-being of domestic animals; 1 animal behaviorist certified by International Association of Animal Behavior Consultants or a program as approved by the department; 1 person with a minimum of 5 years’ experience training people on dog behavior; 1 dog breeder who breeds fewer than 10 dogs per year; 1 dog breeder who breeds more than 10 dogs per year; 1 representative from an animal protection organization; and other individuals as determined by the department.
The commissioner shall consider diversity, equity and inclusion aspects when appointed said committee. Members of the committee shall be residents of the commonwealth or do business in the commonwealth. The committee shall elect a chair at the initial meeting and every two years thereafter.
The commissioner shall appoint said committee within 90 days of the passage of this law.
SECTION 9. Section 137 of chapter 140 of the General Laws is hereby further amended by striking out, in subsection (c), the sixth sentence.
SECTION 10. Section 137A of chapter 140 of the General Laws, is hereby amended by striking out subsection (a) and (b) and inserting in place thereof the following subsection:-
(a) A person keeping 5 or more dogs, 6 months old or older shall obtain a kennel license. The kennel license is in addition to the individual licenses for dogs over the age of 6 months, as required in section 137. A licensing authority shall issue and revoke kennel licenses as specified in this chapter and any other laws. In the case of an applicant for initial licensure and in the case of an applicant for license renewal, a licensing authority shall deny a kennel license until a kennel has passed inspection by an animal control officer.
(b) The issuing city or town shall determine the period of time for which a kennel license shall be valid, including the date of issuance of the license through the date on which the license expires, inclusive, and shall further determine the fee for the issuance and renewal of the license. To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.
SECTION 11. Section 137A of chapter 140 of the General Laws, is hereby further amended by striking subsection (d) and inserting place thereof the following:-
(d) The licensing authority shall specify the type of kennel, as defined in 136A of chapter 140, and the maximum number of animals that may be maintained by the licensee on the license. Such number shall be determined by the licensing authority and the animal control officer following the required inspection, and in accordance with regulations in section 174G to ensure the property can support the number of animals while ensuring their health and safety.
(e) The licensing authority shall annually on June 1 send to the department a list of all kennels and their addresses licensed by the city or town under this section.
(f) A city or town officer who refuses or willfully neglects to perform the duties imposed upon the officer by this section shall be in violation of this section.
(g) A person who violates this section shall be assessed a fine of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
SECTION 12. Said chapter 140 is hereby further amended by striking out section 137C, as so appearing, and inserting in place thereof the following section:-
Section 137C. (a) The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer shall inspect a kennel or cause the inspection of a kennel at least 1 time per year. If a person holding a license or applying for a license to operate a kennel or refuses to allow an inspector to enter and inspect a kennel or, the refusal shall be grounds for denial, suspension or revocation of a person’s license to operate a kennel.
Twenty-five citizens of a city or town may file a petition with the mayor of a city, the selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog maintained in the city or town due to excessive barking or other conditions connected with a kennel. The mayor, selectmen or police commissioner, as the case may be, shall, not more than 7 days after the filing of the petition, give notice to all interested parties of a public hearing. The hearing shall be held not more than 14 days after the date of the notice. The mayor, selectmen or police commissioner shall, not more than 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order: (i) suspend the kennel or license; (ii) revoke the kennel or license; (iii) further regulate the kennel; or (iv) dismiss the petition.
(b) The inspection of a kennel to enforce the rules and regulations promulgated under section 174G may be done by the commissioner or an authorized inspector and shall take place between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon by the inspector and the operator. The operator or an authorized agent of the operator shall be present during the inspection and the operator shall be given a reasonable notice prior to the inspection; provided, however, that the commissioner or other authorized inspector may determine that it is not appropriate to provide advance notice to the operator before arriving at the facility if necessary to adequately perform the inspection. If a kennel regulated under said section 174G is located at a private residence, only the areas of the residence that are used for kennel purposes or for the maintenance of kennel records shall be required to be available for inspection. If, in the judgment of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary and humane manner or if records have not been properly kept as required by law and in compliance with said section 174G, the commissioner or authorized inspector shall, by order, suspend the license for the kennel depending on the severity of the offense or issue to the operator a written citation or notice which explains the noncompliant issue and requires the operator to come into compliance within a reasonable, specified timeframe. If the operator fails to come into compliance within the time period specified by the commissioner or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license for the kennel.
(c) A written notice under subsection (a) of an order revoking or suspending the license, further regulating the kennel or dismissing the petition shall be mailed immediately to the licensee and to the officer that issued the license. Not more than 10 days after the written notice of the order, the licensee may file a petition in the district court in the judicial district in which the kennel is maintained seeking review of the order. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel has been revoked or suspended shall be punished by a fine of not more than $250 for a first offense, by a fine of not less than $500 for a second offense and by a fine of not more than $1,500 for a third or subsequent offense.
(d) An enforcement action under subsection (b) from the department may be appealed within 21 days to the Division of Administrative Law Appeals pursuant to M.G.L. c. 30A.
SECTION 13. Section 37 of Chapter 129 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fourth sentence the following sentence:-
Such fines shall not revert to the General Fund and shall instead be deposited in the Homeless Animal Prevention and Care Fund, as established by section 35ww of chapter 10 of General Laws and shall be available for use in subsequent fiscal years.
SECTION 14. The department of agricultural resources shall promulgate the regulations required under section 174G of chapter 140 of the General Laws not more than 18 months after the effective date of this act.
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An Act expanding wheelchair protection for consumers with disabilities
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H202
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HD1574
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-18T15:44:54.973'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-18T15:44:54.9733333'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-18T15:44:55.16'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:55:18.84'}]
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{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-18T15:44:54.973'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H202/DocumentHistoryActions
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Bill
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By Representatives McKenna of Webster and Muradian of Grafton, a petition (accompanied by bill, House, No. 202) of Joseph D. McKenna and David K. Muradian, Jr., relative to expanding wheelchair protection for consumers with disabilities. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 93 of the General Laws, as appearing in the most recent edition, is hereby amended by inserting after section 107 the following new section:-
Section 107A.
(a) As set forth in this section, the term “authorized wheelchair supplier” shall mean, any seller of a wheelchair that supplies products and services of complex rehabilitation technology equipment.
The term “complex rehabilitation technology wheelchair” shall mean, a specialized, medically necessary, and individually configured manual or power wheelchair. The provision of this specialized equipment requires evaluation, configuration, fitting, adjustment, and programming along with long-term maintenance and repair services.
(b) Prior authorization for any repair of a complex rehabilitation technology wheelchair shall not be required by any payor.
(c) (1) Any authorized wheelchair supplier that provides a complex rehabilitation technology wheelchair shall be required to repair said product in a timely manner within Massachusetts. Pursuant to this subsection, the Department of Public Health shall establish standards for repairing complex rehabilitation technology wheelchairs in a timely manner and the expected quality of each repair. Prior to promulgating any standards or regulations pursuant to this subsection, the Department of Public Health shall engage in a stakeholder process, which process shall include qualified complex rehabilitation technology professionals, authorized wheelchair suppliers, and complex rehabilitation technology consumers. This stakeholder process will be used to develop the metrics for timeliness and quality of repair
(2) The department shall enforce existing regulations in regards to authorized wheelchair suppliers servicing equipment they sell within the commonwealth
(3) The Department of Public Health shall develop an attestation statement that the authorized wheelchair supplier shall submit affirming that the authorized wheelchair supplier is compliant with the applicable repair and service requirements through the department’s enrollment and revalidation process.
(d) The Department of MassHealth in conjunction with the Division of Insurance shall establish a fee schedule to reimburse authorized wheelchair suppliers for the evaluation and diagnosis of complex rehabilitation technology wheelchair repairs.
(e) This section shall take effect six months after the effective date in order for any regulations necessary to effectuate its purpose to be promulgated.
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An Act protecting neighboring communities from deleterious construction
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H2020
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HD1123
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:04:25.97'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:04:25.97'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2020/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2020) of Bruce J. Ayers relative to certain construction projects occurring in municipalities within 1,500 feet of a border of another municipality. Municipalities and Regional Government.
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Chapter 40 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following section:-
Section 70. Any major construction project occurring in a municipality within 1,500 feet of another municipalities’ border shall contain an area of land between the 2 municipalities to provide for a buffer zone to prevent harm to a neighboring municipality from another municipalities’ allowance of major construction. For the purposes of this section the term major construction project shall mean any public or private construction totaling in excess of $5,000,000, road or highway construction or erection of any bridge over navigable or tidal waters.
The buffer zone shall include, but not be limited to: parks, gardens, trails, wetlands open space, or a specific protected area, where restrictions on resource use and development measures are undertaken in order to enhance the open space or conservation use of the protected area.
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An Act relative to the building or rebuilding of bridges on land that falls under the jurisdiction of more than one municipality
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H2021
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HD1135
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:06:39.38'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:06:39.38'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2021) of Bruce J. Ayers relative to the building or rebuilding of bridges on certain land that falls under the jurisdiction of more than one municipality. Municipalities and Regional Government.
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Chapter 40 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 4K the following section:-
Section 40L. (a) A construction project affecting or relative to building structures in or over navigable or tide waters relating to 2 or more municipalities shall be subject to this section.
(b) No construction project shall proceed unless and until the affected municipalities in subsection (a) enter into a inter-municipal agreement pursuant to the provisions of this section. Each such inter-municipal agreement shall provide for the following:
(i) provision for a buffer zone around such construction;
(ii) a determination if an alternative inter-municipal option is available to the community other than a construction project affecting 2 or more municipalities;
(iii) an evaluation is completed of all viable options for cost and benefit of the proposal as well as environmental benefits over the short and long-term;
(iv) assisting neighboring communities and neighborhoods to address infrastructure needs;
(v) written, binding procedures for working cooperatively in joint planning for the construction project;
(vi) consideration of the needs of nearby communities on quality of life, traffic, health and environmental impact; and
(vii) an agreement to utilize state, regional and municipal planning agencies to serve as facilitators toward inter-municipal cooperation including citizen representatives and non-elected officials as participants.
(c) Each inter-municipal agreement shall contain the following:
(i) the names of each participating city and town;
(ii) the effective date and term of agreement;
(iii) the general purpose of the agreement;
(iv) state with specificity what costs will be shared, if any;
(v) state how municipalities may terminate participation;
(vi) state how the agreement may be amended;
(vii) acknowledge acceptance of liability under the agreement;
(viii) set forth specific lines of communication among participating municipalities; and
(ix) describe any applicable dispute resolution process.
(d) Once accepted by majority vote of each legislative body of the municipality, with the approval of each chief executive officer, each municipality shall petition the general court for approval of the inter-municipal agreement. Upon passage by the general court and approval by the governor, the inter-municipal agreement shall be binding on the municipalities and the construction project may begin pursuant to the inter-municipal agreement.
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An Act relative to further increasing the fines for cruelty to animals, and establishing a fund dedicated to improvements for local animal shelters
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H2022
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HD1164
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:13:29.5'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:13:29.5'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-22T13:36:12.0533333'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2022) of Bruce J. Ayers and Michelle M. DuBois relative to increasing the fines for cruelty to animals and establishing a fund dedicated to improvements for local animal shelters. Municipalities and Regional Government.
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SECTION 1. Section 77 of Chapter 272 of the General Laws is hereby amended by striking out the figure “$5,000” and inserting in place thereof the figure “$5,500”; Section 77 is further amended by striking the figure “$10,000” and inserting in place thereof the figure “$11,000”
SECTION 2. No more than $500 from a single fine incurred for a first offense, and no more than $1,000 from a single fine incurred for subsequent offenses, shall be designated towards a special account in the municipality where the violation occurred.
The monies shall be used solely for funding improvements to the local municipality’s animal shelter. Funds designated towards municipalities without an animal shelter within their jurisdiction will be utilized at the discretion of the local municipality, providing it benefits local groups, nonprofit organizations, or public entities dedicated to the humane treatment of animals and/or the promotion of the adoption of shelter animals.
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Order for the adoption of permanent House Rules for the 193rd General Court governing the 2023-2024 legislative session
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H2023
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HD27
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T11:30:30.307'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T11:30:30.3066667'}]
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Order
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Ordered, That the rules of the House of Representatives for the years 2023-2024 be adopted, as follows:
SPEAKER.
1. The Speaker shall take the Chair at the hour to which the House stands adjourned, call the members to order, and, on the appearance of a quorum, proceed to business. [1.]
1A. The House shall not be called to order before the hour of ten o'clock A.M. nor meet beyond the hour of midnight unless by unanimous consent of the Members present. If there is unanimous consent to continue meeting past midnight then, the House shall return to the business then pending; and if no business was pending, to the next order of business. However, if there is not unanimous consent of the members present to meet beyond the hour of midnight, the Speaker shall forthwith, and without further debate, adjourn or recess the House to a time not earlier than ten o'clock A.M. on the next succeeding calendar day.
[Adopted Jan. 12, 1983; Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 14, 1997; May 16, 2000.]
2. The Speaker shall preserve decorum and order in the House Chamber. While in the House Chamber, members, staff and guests shall be required to dress in proper and appropriate attire and be courteous and professional when using electronic devices.
Members, staff and guests shall not take photographs or videos of, or in, the House Chamber during formal or informal sessions unless otherwise permitted by this Rule. Members may take photographs at their assigned seats in the chamber during formal or informal sessions; provided, however that any photographs or video taken by members during formal or informal sessions shall not include images of any other member, staff or guest without their express written consent.
The Speaker may permit photographs or videos during special occasions, which shall include, but shall not be limited to, swearing-in ceremonies and addresses by constitutional officers or other dignitaries. The use of audio-visual aids including, without limitation, videos, computers, posters, displays or charts shall be permitted only upon approval of the Speaker.
The Speaker also may speak to points of order in preference to other members; and shall decide all questions of order, subject to an appeal to the House. [2.] (2.) [With regard to appeals, see Rule 77.]
[Amended Jan. 11, 1985; Jan. 9, 2003; Jan. 20, 2011; Jan. 29, 2015; Jan. 30, 2019.]
3. The Speaker shall declare all votes, subject to verification as hereinafter provided. [3.] (55.) [See Rules 49 to 53, inclusive.]
[Amended Jan. 11, 1985.]
4. In all cases the Speaker may vote. [4.] (3.)
[Amended Jan. 11, 1985.]
4A. The Speaker shall appoint a Speaker pro Tempore. The Speaker pro Tempore shall assist the Speaker in the coordination of policy development and the ceremonial functions of the House and shall perform such duties assigned to them by the Speaker. Upon a vacancy in the office of Speaker, the office of Speaker pro Tempore shall be considered vacant.
[Adopted Jan. 26, 2005, Amended, Jan. 23, 2007; Jan. 30, 2019.]
4B. (a) As used in this Rule, the following words shall have the following meanings:-
"Earned income", income derived from salaries, wages, tips and commissions for performing services as an employee of an employer.
"Unearned income", all other income that is not earned income.
(b) The Speaker shall not receive earned income for:
(1) affiliating with or being employed by a firm, partnership, association, corporation or other entity that provides professional services involving a fiduciary relationship;
(2) permitting their name to be used by such a firm, partnership, association, corporation or other entity;
(3) receiving compensation for practicing a profession that involves a fiduciary relationship; or
(4) serving as an officer or member of the board of an association, corporation or other entity.
(c) The provisions of this rule shall take effect on August 1, 2017.
[Added Feb. 2, 2017; Amended Jan 30, 2019.]
5. The Speaker may appoint a member to perform the duties of the Chair. In the event the Speaker fails to appoint a member to perform the duties of the Chair, the Speaker pro Tempore shall be the Acting Speaker until the Speaker otherwise provides or until a vacancy in the office of Speaker occurs. In the event that the Speaker pro Tempore is absent or is unable to perform the duties of Acting Speaker, the Majority Leader, the Assistant Majority Leader, the Second Assistant Majority Leader or other designee shall be the Acting Speaker. [7.] (4.)
[Amended April 18, 1979; Jan. 11, 1985; Jan. 14, 1997; Jan. 26, 2005.]
6. In case of a vacancy in the office of Speaker, or in case the Speaker or the member named by said Speaker in accordance with the preceding rule is absent at the hour to which the House stands adjourned, the senior member present shall call the House to order, and shall preside until a Speaker is elected, which shall be the first business in order. [8.] (5.)
[Amended Jan. 11, 1985, Amended, Jan. 23, 2007.]
7. At the beginning of the first year of the two-year General Court, the Speaker may, unless the House otherwise directs, appoint a Chaplain; and the Speaker may fill any vacancy in the office of Chaplain. [7A.] (4.)
[Amended Jan. 11, 1985; Jan. 29, 2015.]
SCHEDULING.
7A. There shall be appointed a standing committee on Steering, Policy and Scheduling consisting of eleven members. The committee shall not be subject to the provisions of Rule 17A,but shall be authorized to meet from time to time at the call of the Chair for the purpose of assisting the members of the House of Representatives in identifying the major matters pending before the General Court, the relative urgency and priority for consideration of such matters, and alternative methods of responding to such matters by the General Court. Said committee shall schedule legislative matters in a manner that will provide for an even distribution and orderly consideration of reports of legislative committees on the daily Calendar.
The committee on Steering, Policy and Scheduling shall not be authorized to recommend changes or amendments to legislation or recommend that a matter ought to pass or ought not to pass, but shall only report asking to be discharged from further consideration of a bill, and recommending that it be referred or recommitted to another committee; provided, however, that it shall not recommend that a matter be referred or recommitted to the committee on Rules or the committees on Rules of the two branches, acting concurrently, or what date a matter shall be scheduled for consideration by the House and placed in the Orders of the Day. All reports by the committee on petitions filed or approved by the voters of a city or town, or by the mayor and city council, or other legislative body of a city or the town meeting of a town with respect to a law relating to that city or town shall be read and considered by the House at a formal or informal session before being accepted, rejected or otherwise acted upon. Any such petition and any attachment to the petition shall be filed in both paper and electronic format approved by the Clerk.
All matters received from the Senate or reported from standing committees of the House and joint standing committees of the General Court shall, unless subject to provisions of any other House or joint rules, be referred to the committee on Steering, Policy and Scheduling. All matters reported by said committee on Steering, Policy and Scheduling recommending that a matter shall be scheduled for consideration by the House shall be placed in the Orders of the Day for the next sitting. Said committee may report on a legislative matter within thirty days following the day the matter was referred. If the committee fails to report a matter within thirty days following the date of its reference, the Clerk shall place the matter on the Calendar of the House as if it had been scheduled for consideration by said committee on Steering, Policy and Scheduling.
[Adopted Jan. 14, 1997; Amended Jan. 26, 1999; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005.]
7B. The committee on Rules shall be authorized to originate and report special orders for the scheduling and consideration of legislation on the floor of the House. Said committee shall not be subject to the notification provisions contained in Rule 17A but may hold public hearings and shall accept testimony only from the members of the House. A majority of the members appointed to the committee shall constitute a quorum. When reported, such orders may be amended by a two-thirds vote of the members present and voting, and shall be subject to approval by a majority of the members of the House present and voting. Debate on the question on adoption of such orders shall be limited to one hour. No orders adopted pursuant to this paragraph shall limit the powers of the Speaker as provided in Rules 1 to 6, inclusive. Such orders shall not be subject to reconsideration.
The committee on Rules shall not be subject to the provisions of Rule 17A, but may meet in private to discuss or consider the appointment, discipline or dismissal of any individual the committee is authorized by law or rule to appoint, discipline or dismiss.
[Adopted Jan. 14, 1997; Amended Jan. 24, 2001; Feb. 11, 2009; Jan. 30, 2019.]
7C. The committee on Rules may consider and make recommendations designed to improve and expedite the business and procedures of the House and its committees, and to recommend to the House any amendments to the Rules deemed necessary; provided that a majority of the members of the House present and voting shall be required to approve such recommendations.
The committee shall be privileged to report at any time.
[Adopted Jan. 14, 1997.]
7D. The Speaker shall, in consultation with the committee on Rules and the committee on Steering, Policy and Scheduling, establish a committee scheduling system that would minimize to the greatest extent possible scheduling conflicts for members of committees.
The Speaker shall determine a schedule for the House for each week relative to formal and informal sessions and shall make such schedule available to the members in writing or by electronic mail by 5pm on Friday of the preceding week; provided, however, that the Speaker may make, notwithstanding the provisions of Rule 7A, changes in the schedules to facilitate the business of the House in an efficient and timely fashion. The Speaker shall communicate notice of any such scheduling change to the members in writing or by electronic mail as soon as practicable, and whenever possible, the Speaker shall provide such notice not less than twenty-four hours before the event so rescheduled is set to commence.
[Adopted Jan. 14, 1997; January 9, 2003; Jan. 30, 2019.]
MONITORS.
8. Two monitors shall be appointed by the Speaker for each division of the House, whose duty it shall be to see to the due observance of the rules, and, on request of the Speaker, to return the number of votes and members in their respective divisions. [9.]
9. If a member transgresses any of the rules after being notified thereof by a monitor, it shall be the duty of such monitor to report the case to the House.
It shall be the duty of a monitor to report their knowledge of the occurrence of a member voting for another member, in their division of the House, to the Speaker of the House and to the Minority Leader. [10.] [See Rules 16 and 16A.]
[Amended Jan. 9, 1991; May 5, 1993; Feb. 11, 2009; Jan. 30, 2019.]
9A. There shall be established a Floor Division Committee for each of the four divisions of the House. The Speaker shall appoint a Floor Division chairperson for each of the four divisions. Said committee shall consist of the members assigned to the respective divisions.
In order to create a continuous flow of debate, each chairperson shall be responsible for reviewing the daily Calendar and providing advance notice to committee members in the respective divisions of all matters scheduled for consideration in the Orders of the Day. Said committee chairpersons shall provide information to members of their committees on pending legislation and other matters of business before the House.
In addition to the legislative duties, chairpersons shall oversee the physical appearance of the Chamber and the various areas under the jurisdiction of the House of Representatives. Said chairpersons shall be authorized to act as a committee and may meet at any time at the request of at least two chairpersons. Said chairpersons, as a committee, shall be authorized to meet with the appropriate agencies and historical commissions of the Commonwealth for the purpose of requesting expeditious appraisals and necessary repairs and renovations to the interior and exterior of the State House. The committee of chairpersons shall report directly to the Speaker the results of all consultations.
[Adopted Jan. 14, 1997.]
CLERK.
10. The Clerk shall keep the Journal of the House. The Clerk shall enter therein a record of each day's proceedings and, whenever practicable, submit it to the Speaker and the Minority Leader before the hour fixed for the next sitting, and shall cause the same to be available daily in a format to be determined by the Clerk; and provided further that a copy of said Journal shall also be made available to each member of the House. Any objection to the Journal shall be made before the House proceeds to the consideration of the Orders of the Day. [11.] (6.)
[Amended Jan. 12, 1981; Jan 11, 1985; Jan. 17, 1995; Jan. 9, 2003.]
10A. The Clerk shall be the official parliamentarian of the House of Representatives.
[Adopted Jan. 9, 1991.]
10B. The Clerk shall be the official keeper of records of the House of Representatives for legislative records that remain in the office of said Clerk at the end of each biennial session, and until such time as said records are transferred to the State Archives or destroyed in accordance with law. [Adopted Jan. 29, 2015.]
11. Every question of order with the decision thereof shall be entered at large in the Journal, and shall be noted in an appendix, which shall also contain the rules of the House and of the two branches. [12.] (6.)
12. The Clerk shall prepare and make available on each day of formal session a Calendar of matters in order for consideration and such other memoranda as the House or the Speaker may direct. The Clerk shall prepare a Calendar on which shall appear any question on passage of a bill or resolve notwithstanding the objections of Their Excellency the Governor which may be considered forthwith at the direction of the House or Speaker.
When, in the determination of the Clerk, a volume of matters exists for the next legislative day, the Clerk shall be authorized to prepare and cause to be made available an advance calendar of the matters in order of consideration for the next legislative day and such other memoranda as the House or Speaker may direct. The Clerk may indicate on the advance calendar that the matters contained therein are subject to change.
The Clerk shall be authorized to dispense with preparing and making available a Calendar for designated formal sessions of the House only after two-thirds of the members present and voting consent thereto on a recorded yea and nay vote. Debate on this question shall be limited to fifteen minutes, no member shall speak more than three minutes, and such question shall not be subject to reconsideration.
The Clerk shall dispense with preparing and making available a Calendar for designated Informal Sessions of the House.
As soon as practicable whenever the Clerk prepares a Calendar or advance Calendar under this rule, they shall also cause a true copy thereof to be posted on the website of the General Court that is generally available to all members and their staff, and reasonably promptly thereafter the Clerk shall cause the members and their staff to be notified of the same by way of electronic mail. [13.] (7.)
[Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; May 5, 1993; Jan. 17, 1995; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007; Jan. 30, 2019.]
13. Any objection to the Calendar shall be made and disposed of before the House proceeds to the consideration of the Orders of the Day. [14.]
13A. The Clerk shall make available to all members electronically and, to the public via the website of the General Court, the text of all dockets and bills introduced and admitted for consideration in the House.
[Adopted, Feb. 11, 2009; Jan. 30, 2019.]
COUNSEL
13B. (a) The House shall employ a full-time Counsel pursuant to section 51 of chapter 3 of the General Laws. The committee on Rules shall appoint a qualified person to act as Counsel at such compensation as the committee on Rules shall approve.
Counsel shall serve a term of two years from the date of appointment, unless the Counsel sooner resigns, retires or is removed; provided, however, that the Counsel may only be removed: (i) for misfeasance, malfeasance or nonfeasance, as determined by agreement of the Equal Employment Opportunity Officer appointed pursuant to Rule 89 and the Director of Human Resources appointed pursuant to Rule 90 and approved by a majority vote of the committee on Rules; or (ii) by a majority roll call vote of the House.
Counsel may employ such legal and other assistants as may be necessary in the discharge of Counsel’s duties, subject to the approval of the committee on Rules, and may expend with like approval such sums as may be necessary for the discharge of their duties.
(b) Counsel shall be the chief legal officer of the House and shall perform all duties generally required of a counsel to an organization and specifically those required pursuant to any general or special law, rule, regulation, or order of the House. Counsel shall provide legal and legislative drafting services to all members regardless of party or seniority.
[Added Jan. 30, 2019.]
MEMBERS.
14. No member shall stand up, to the inconvenience of others, while a member is speaking; or be involved in disturbing conversation while another member is speaking in debate; or pass unnecessarily between the Speaker of the House and the member speaking; or stand in the passages, or in the area in front of the Chair; or stand at the Clerk's desk while a roll call is in progress. [16.] [Amended Jan. 12, 1987; Jan. 9, 1989; Jan. 26, 1999.]
14A. [Adopted Feb. 11, 2009; Omitted Jan. 29, 2015.]
15. When it appears to the Chair that the presence of a quorum is endangered, the Chair shall order the doors closed. If a quorum is doubted the Chair shall order the doors closed and thereafter no member shall enter or leave the House until an initial determination has been made as to the presence of a quorum or lack thereof; and thereafter, provided that no quorum is present, no member shall leave the House unless by permission of the Chair, but members shall be admitted, at any time.
Upon the doubting of a quorum and after ascertaining that a quorum is not present, the Speaker may order a recorded attendance roll call to be taken by use of the electronic roll call system.
Said roll call, if ordered, shall be taken at a time determined by the Speaker.
Members answering a quorum call shall vote "YES" on the roll call system. [17.] (11.)
[Amended Jan. 12, 1981; Feb. 22, 1982; Jan. 12, 1983; Jan. 12, 1987; Jan. 9, 1991.]
ETHICS.
16. There shall be appointed a committee on Ethics as authorized by Rule 17. The committee shall consist of 11 members, 7 of whom shall be appointed by the Speaker, 4 of whom shall be appointed by the Minority Leader.
A member appointed to the committee shall not be considered to be a member of the committee subsequent to the declaration of candidacy for any other state or federal elective office.
The committee shall investigate and evaluate, at the direction of the Speaker, by a sworn written complaint filed and delivered by a member, officer or employee to the chair, or by a majority vote of the members appointed to the Ethics committee, any matters relative to alleged violations of Rule 16A by a member, officer or employee.
Upon the receipt of said sworn written complaint, at the direction of the Speaker or by a majority vote of the members appointed to the Ethics committee, the committee shall notify any person named of the nature of the alleged violation and a list of prospective witnesses, and also shall notify said person of the final disposition and the recommendations, if any, of the committee.
Any member, officer, or employee of the House named relative to an alleged violation shall be afforded the opportunity to appear before the committee on Ethics with counsel.
All proceedings including the filing of the initial complaint shall be considered confidential information.
If the alleged violation received in the manner described above is deemed to have merit by a majority vote of the members appointed to the committee, the committee shall file a report with the Clerk of the House. Said report shall be a public document. The committee shall not disclose any allegation deemed to be frivolous or without merit.
If a majority appointed finds that any member, officer, or employee of the House has violated any provision of Rule 16A, a majority appointed may, in the case of a member, recommend a reprimand, censure, removal from position of authority, including leadership, chair or vice chair, or expulsion; and in the case of an officer or employee, a majority appointed may recommend a reprimand, suspension, or removal from employment.
Should such an alleged violation be filed with the committee regarding a member or members of the House Ethics committee, said member or members shall not participate in the committee deliberations on said alleged violation.
Any member, officer, or employee of the House may request in writing from the House committee on Ethics or from the Counsel to the House appointed pursuant to Rule 13B a confidential written advisory opinion on the requirements of chapters 268A and 268B of the General Laws as well as an opinion on any other general or special law, rule or regulation applicable to their official position or concerning any contemplated personal action which may conflict with their official position. The committee on Ethics or the Counsel to the House shall issue confidential written advisory opinions and clarification in response to said written request.
No member, officer or employee of the House shall be penalized in any manner for having acted within the guidelines of a written advisory opinion from the House committee on Ethics or from the Counsel to the House appointed pursuant to Rule 13B, provided that all pertinent facts are stated in the request for an advisory opinion.
A written advisory opinion from the House committee on Ethics or from the Counsel to the House appointed pursuant to Rule 13B shall be a defense in any proceeding arising from said opinion or advice unless material facts were omitted or misstated by the person in the request of the opinion.
The chair of the Ethics committee may convene the committee at any time.
The chair shall also convene the committee at the written request of at least 5 members of the committee.
The Committee may, upon the written and signed report of two-thirds of the members of the committee, file a special report containing legislation without said legislation being founded upon petition which shall be referred under the provisions of Rule 24 and consistent with the provisions of Joint Rule 13, to the appropriate joint standing committee. Any special report containing legislation filed pursuant to this paragraph shall be germane to subject matters regularly considered by the committee. The committee shall not include in any such special report a bill that would have a fiscal impact as described in Rule 33.
Upon convening of the first annual session of the General Court and after the adoption of rules, all members, officers and employees of the House shall be provided with a current copy of the Code of Ethics contained in Rule 16A. [19.] (12A.)
[Amended Jan. 12, 1987; May 5, 1993; Jan. 17, 1995; Mar. 6, 1995; Jan. 14, 1997; Jan. 20, 2011; Feb. 11, 2009; Jan. 29, 2015; Jan. 30, 2019.]
CODE OF ETHICS.
16A. (1.) While members, officers and employees should not be denied those opportunities available to all other citizens to acquire and retain private, economic and other interests; members, officers, and employees should exercise prudence in any and all such endeavors and make every reasonable effort to avoid transactions, activities, or obligations, which are in substantial conflict with or will substantially impair their independence of judgment.
(2.) No member, officer or employee shall solicit or accept any compensation or political contribution other than that provided for by law for the performance of official legislative duties.
(3.) No member, officer or employee shall serve as a legislative agent as defined in Chapter 3 of the General Laws regarding any legislation before the General Court.
(4.) No member, officer or employee shall receive any compensation or permit any compensation to accrue to their beneficial interest by virtue of influence improperly exerted from their official position in the House.
(5.) No member, officer or employee shall accept employment or engage in any business or professional activity, which will require the disclosure of confidential information gained in the course of, and by reason of, their official position.
(6.) No member, officer or employee shall willfully and knowingly disclose or use confidential information gained in the course of their official position to further their own economic interest or that of any other person.
(7.) Except as provided in Rule 49, no member shall cast a vote for any other member, nor shall any officer or employee vote for any member, except that the Clerk or an assistant Clerk may record a vote for a member who votes late under the provisions of Rule 52, or is prohibited from voting from his desk due to a malfunction of the electronic roll call voting system; provided the Clerk's action shall not be construed as voting for said member.
(8.) No member shall use profane, insulting, or abusive language in the course of public debate in the House Chamber or in testimony before any committee of the General Court.
(9.) No member, officer or employee shall employ anyone from public funds who does not perform tasks which contribute substantially to the work of the House and which are commensurate with the compensation received. Unless their personnel record indicates otherwise, no officer or full-time employee of the House shall engage in any outside business activity during regular business hours, whether the House is in session or not, and all employees of the House are assumed to be full-time.
(10.) No member, officer or employee shall accept or solicit compensation for non-legislative services which is in excess of the usual and customary value of such services.
(11.) No member, officer or employee shall accept or solicit an honorarium for a speech, writing for publication, or other activity from any person, organization or enterprise having a direct interest in legislation or matters before any agency, authority, board or commission of the Commonwealth which is in excess of the usual and customary value of such services.
(12.) No member, officer or employee shall knowingly accept any gifts from any legislative or executive agent as prohibited by law. No member, officer or employee shall knowingly accept any gift from any person or entity having a direct interest in legislation before the General Court as prohibited by law. (For the purposes of this paragraph, the terms "gift" and "person" shall be the same as their definitions in section 1 of chapter 268B of the General Laws).
(13.) No member shall convert campaign funds to personal use in excess of reimbursements for legitimate and verifiable campaign expenditures. Members shall consider all proceeds from testimonial dinners and other fundraising activities as campaign funds.
((14.) No member shall serve on any committee or vote on any question in which their private right is immediately concerned, distinct from the public interest. [19.]
(15.) No member, officer or employee shall violate the confidentiality of any proceeding before the Ethics committee. [19A.]
(16.) Members, officers and employees may utilize public resources to support charitable and community service activities consistent with the Conflict of Interest Law, G.L. c. 268A, pursuant to policies established by Committee on Human Resources and Employee Engagement pursuant to Rule 90(h)(2).
[Amended Jan. 12, 1981; May 5, 1993; Jan. 24, 2001; Feb. 11, 2009; Jan. 29, 2015; Jan. 30, 2019.]
16B. The Committee on Human Resources and Employee Engagement shall develop and conduct an ethics law training program for every member, officer and employee of the House; provided further, that said training program shall include, without limitation, a review of the requirements and prohibitions of chapter 268A and chapter 268B of the General Laws, and the regulations of the State Ethics Commission, as they apply to legislators and legislative staff; and provided further, that said training program shall be offered virtually or in-person and shall be mandatory for all members, officers and employees.
[Adopted Jan. 9, 2003, Amended Feb. 11, 2009; Jan 20, 2011.]
16C. Bills involving lobbyists' reporting laws, and laws pertaining to the ethical conduct of public officials shall, after their first reading, be referred to the committee on Ethics, for report on their relation to the ethics laws of the Commonwealth. No new provisions shall be added to such measures by the committee, unless directly pertaining to ethics. [Adopted Feb. 11, 2009.]
COMMITTEES.
17. At the beginning of the first year of the two-year General Court, standing committees shall be appointed as follows:
A committee on Rules;
(to consist of 15 members).
A committee on Ways and Means;
(to consist of 35 members).
A committee on Bills in the Third Reading;
(to consist of 3 members).
A committee of each Floor Division;
(to consist of the members of each division).
A committee on Ethics;
(to consist of 11 members).
A committee on Human Resources and Employee Engagement;
(to consist of 13 members).
A committee on Post Audit and Oversight;
(to consist of 11 members).
A committee on Steering, Policy and Scheduling;
(to consist of 11 members).
A committee on Global Warming and Climate Change;
(to consist of 11 members).
A committee on Federal Stimulus and Census Oversight;
(to consist of 11 members).
A committee on Operations, Facilities and Security;
(to consist of 11 members).
A committee on Intergovernmental Affairs;
(to consist of 11 members).
Committee meetings, insofar as practicable, shall not be scheduled in conflict with formal sessions of the House of Representatives. [20.] (12, 12A, 12B.)
[Amended March 6, 1979; Sept. 16, 1981; Jan. 11, 1985; Jan. 12, 1987; May 5, 1993; Oct. 6, 1993; May 23, 1996; Jan. 14, 1997; Jul. 17, 2003; Jan. 26, 2005, Feb. 11, 2009; Jan. 29, 2015.]
17A. (a) For the purposes of this rule, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
"Deliberation", a verbal exchange between a quorum of members of a committee attempting to arrive at a decision on any public business within its jurisdiction.
"Emergency", a sudden generally unexpected occurrence or set of circumstances demanding immediate action.
"Executive conference", any meeting or part of a meeting of a committee which is closed to certain persons for deliberation on certain matters.
"Executive session", any meeting or part of a meeting of a committee wherein the committee is voting on legislation and where public participation is limited to observance.
"Meeting", any corporal convening and deliberation of a committee for which a quorum is required in order to make a decision at which any public policy matter over which the committee has supervision, control, jurisdiction or advisory power is discussed or considered; provided, however, that "meeting" shall not include an on-site visitation or inspection of any project or program.
"Quorum", a simple majority of a committee unless otherwise defined by constitution, rule or law applicable to such committee; provided further, that a quorum shall be presumed to be present unless otherwise doubted.
(b) All meetings, except executive conferences, of House standing and special committees, shall be open to the public and any person shall be permitted to attend any meeting except as otherwise provided pursuant to this rule or Rule 7A. All meetings, except executive conferences, of House standing and special committees shall be conducted in-person with the option of remote participation available to both members of such committees and the public; provided, however, that the chair of such committees shall be physically present at the hearing location where in-person public testimony is offered. All House standing and special committees, in the conduct of their hearings, shall utilize, to the extent practicable, online platforms or systems that allow for synchronous, audio-visual communication between the chair of the committee and individuals offering testimony remotely. All hearings of House standing and special committees shall be publicly livestreamed on the website of the General Court and shall display and transmit, in real-time, the audio-visual attributes of public testimony offered remotely; provided further, that said livestream shall be archived on the website of the General Court for the duration of the legislative session. Members of House standing and special committees may participate remotely and shall have the same privileges, rights and responsibilities as if the member were physically present at the hearing location, and other members of the House may offer remote testimony before said committees of which they are not a member. The chair of any House standing or special committee conducting a hearing shall use best efforts to prioritize the testimony of those physically present at the hearing location and may, in their discretion, allow individuals participating in-person a greater amount of time to testify than those participating remotely. All notices of hearings shall include instructions on how to offer testimony both in-person and remotely.
No quorum of a committee shall meet in private for the purpose of deliberation except as provided pursuant to this rule.
No executive session shall be held until: (i) the committee has first convened in an open session for which notice has been given; (ii) the presiding officer has stated the authorized purpose of the executive session; (iii) a majority of the members of the committee present have voted to go into executive session and the vote of each member has been recorded on a roll call vote and entered into the minutes: and (iv) the presiding officer has stated before the executive session if the committee will reconvene after the executive session.
(c) Executive conferences shall be held only for the following purposes: (i) to discuss the reputation, character, physical condition or mental health rather than the professional competence of a member, officer or employee; (ii) to consider the discipline or dismissal of, or to hear complaints or charges brought against a member, officer or employee; (iii) to discuss strategy with respect to litigation if an executive session or other open meeting may have a detrimental effect on the legal position of the committee; or (iv) to consider the purchase, exchange, lease or value of real property, if such discussions may have a detrimental effect on the negotiating position of the Commonwealth or a person, firm or corporation.
A member, officer or employee subject to an executive conference pursuant to clause (i) or clause (ii) shall be notified in writing no less than 48 hours prior to the proposed executive conference; provided, however, that upon agreement of the parties involved, the notification requirements of clause (i) and clause (ii) may be waived. Upon request of the member, officer or employee subject to an executive conference pursuant to clause (i) or clause (ii) the executive conference shall be open to the public.
A member, officer or employee subject to an executive conference pursuant to clause (i) or clause (ii) shall have the right to: (a) be present at such executive conference during discussions or considerations which involve that member, officer or employee; (b) have counsel or a representative of their own choosing present and attending for the purpose of advising said member, officer or employee; provided, however, that said counsel or representative shall not actively participate in the executive conference; and (c) to speak on their own behalf to the committee assembled in executive conference.
(d) This rule shall not apply to any chance meeting or social meeting at which matters relating to official business are discussed so long as no final agreement is reached. No chance meeting or social meeting shall be used in circumvention of the spirit or requirements of this section to discuss or act upon a matter over which the committee has supervision, control, jurisdiction, or advisory power.
(e) Except pursuant to an emergency, a notice and agenda of every meeting of a committee subject to this rule shall be filed with the Clerk of the House, publicly posted by the Clerk on the bulletin board outside the Clerk's Office and in such other places as are designated in advance for such purpose by said Clerk, made available to all members electronically and made available to the public via the website of the General Court at least forty-eight hours, including Saturdays, but not Sundays and legal holidays, prior to the time of such meeting and a list of the bills, petitions, and resolutions to be considered for a vote or other action by the committee. The notice shall include the date, time and place of such meeting. Such filing and posting shall be the responsibility of the committee scheduling such meeting. If public testimony is being solicited, agendas may include an electronic mail address and physical mail address for the submission of testimony and the committee shall make reasonable efforts to ensure diversity among those from whom testimony is solicited. The notice and posting requirements shall not apply to executive conferences held pursuant to clause (i) or clause (ii) of part (c) of this rule unless the member, officer or employee subject to the executive conference requests that the executive conference be open to the public.
(f) A committee shall maintain accurate records of its meetings and hearings setting forth the date, time and place thereof, and recording any action taken at each meeting, hearing, executive conference or executive session. All votes requested to be taken in executive sessions shall be recorded roll call votes and shall become a part of the record of said executive sessions. The record of each meeting shall become a public record and be available to the public; provided, however, that the records of any executive conference shall remain confidential as long as publication may defeat the lawful purposes of the executive conference.
(g) Upon prior notification and approval of the chair, a meeting of a committee may be recorded by a person in attendance by means of a recorder or any other means of audio/visual reproduction; provided, however, that said recording shall not interfere with the conduct of the meeting. Executive conferences conducted pursuant to clause (i) or clause (11) of part (c) of this rule shall not be recorded unless upon the request of the member, officer or employee who is subject to said executive conference, and then only at such member's, officer's or employee's expense. Executive conferences conducted pursuant to clause (iii) or (iv) of part (c) of this rule may be recorded at the discretion of the chair.
(h) Copies of all redrafted bills that are to be voted on at an executive session by the House Ways and Means Committee shall be available to all members of the committee electronically in the form they will be considered no less than twenty-four hours prior to their consideration; provided, however, that said committee may vote on a bill that has not been available for said period of time by vote of a majority of the committee members present.
[Adopted Nov. 17, 1983; Amended Jan. 12, 1987; Jan. 9, 1991; May 5, 1993; Jan. 17, 1995; Jan. 14, 1997; Jan. 9, 2003, Jan. 23, 2007, Feb. 11, 2009; Jan. 30, 2019.]
17B. Whenever any member of a House committee present at the committee meeting so requests, the vote to give any legislation a favorable or adverse report shall be a recorded vote of the full committee. Such votes shall be recorded on appropriate forms that show all votes for and against the particular committee action; provided, that votes may also be recorded in LAWS. The record of all such roll calls shall be kept in the offices of the committee and shall include the aggregate tally of members voting in the affirmative, members not voting or members reserving their rights, and the names of members voting in the negative on an individual bill, and shall be posted on the website of the General Court within 48 hours of the vote for public inspection.
No report of a House committee on any legislation shall be final until those members of the committee present and voting with the majority have been given the opportunity to sign such appropriate forms before the report is made to the House. No signature shall be valid unless the forms to which the signatures are affixed include the substantially complete text of the legislation being reported.
[Adopted Nov. 17, 1983; Amended Jan. 12, 1987, Amended Jan. 29, 2015.]
17C. There shall be a committee on Human Resources and Employee Engagement on the part of the House consisting of thirteen members.
Said committee shall discharge its duties pursuant to the Rules, including Rule 16B and Rules 88 through 100, and shall also be responsible for the allocation of office space as equitably as possible among the various members and joint and standing committees. The committee shall allocate space among the various committees on the part of the House taking into account the work load, duties and responsibilities and size of staff of each.
The Speaker may make temporary office assignments in accordance with the foregoing principles.
The committee on Human Resources and Employee Engagement may from time to time make changes in the assignment of office space for committees and the various staffs in accordance with the established standards.
Said committee shall establish the staffing levels and positions for each joint and standing committee of the House together with a classification plan for all employees of the House of Representatives.
For each person who is employed or is to be employed by a joint or standing committee on the part of the House, each committee chair shall nominate each such person and the House members of the committee by a majority vote shall vote on whether to approve each said nominee. The House members of the committee shall approve such persons whose character and qualifications are acceptable to the majority of the House members of the committee and are in accordance with the qualifications established by the Human Resources and Employee Engagement committee.
The House staff members of each committee shall be appointed solely on the basis of fitness to perform the duties of their respective positions and consistent with section 4 of chapter 151B of the General Laws. The committee staff shall not:
(1) engage in any work other than legislative business during business hours unless pursuant to the pro-bono service policy or charitable and community service activity policy established by the committee on Human Resources and Employee Engagement pursuant to Rule 90(h)(2); and
(2) be assigned any duties other than those pertaining to legislative business.
The committee shall meet on request of the chair or any 3 members of the committee. Any such meeting requested shall be convened on or within the fifth business day following such request. All such requests shall be in writing and forwarded to the chair and each member of the committee.
Funds shall be allocated from the budget to carry out the determination of the committee.
[Adopted Jan. 11, 1985; Amended Jan. 16, 1985; Jan. 12, 1987; Jan. 9, 1991; Feb. 11, 2009; Jan. 29, 2015; Jan. 30, 2019.]
17D. [Omitted Jan. 26, 2005.]
17E. [Omitted Jan. 26, 2005.]
17F. [Omitted Jan. 26, 2005.]
18. The Speaker shall appoint, and may recommend the removal of, the Speaker pro Tempore, the Majority Floor Leader, Assistant Majority Floor Leader and two Second Assistant Majority Floor Leaders. The Minority Leader shall appoint, and may recommend the removal of, the Assistant Minority Floor Leader, Second Assistant Minority Floor Leader, and two Third Assistant Minority Floor Leaders, Ranking minority member of Ways and Means, Assistant Ranking minority member of the Ways and Means committee, Ranking minority member of the committee on Rules, Ranking minority member of the committee on Financial Services, Ranking minority member of the committee on Health Care Financing, Ranking minority member of the committee on the Judiciary, Ranking minority member of the committee on Bonding, Capital Expenditures, and State Assets, Ranking minority member of the committee on Public Safety and Homeland Security, Ranking minority member of the committee on Transportation and Ranking minority member of the committee on Economic Development and Emerging Technologies. The Minority Leader shall be that member of the minority party who is selected for that position by the members of their party.
Each of the foregoing appointments or removals shall be ratified by a majority vote of the respective party caucus. In the event that an appointment is rejected by such caucus another appointment shall be made by the person designated to make the initial appointment, which shall also be subject to ratification in the same manner.
The Speaker shall appoint, and may recommend the removal of, the chair of each standing committee. The Speaker shall appoint, and may recommend the removal of, the vice chair and assistant vice chair of the Ways and Means committee, the vice chair of the Post Audit and Oversight committee, the vice chair of the committee on Rules, the vice chair of the committee on Revenue, the vice chair of the committee on Financial Services, the vice chair of the committee on Health Care Financing, the vice chair of the committee on Bonding, Capital Expenditures, and State Assets, the vice chair of the committee on State Administration and Regulatory Oversight, and the vice chair of the committee on Economic Development and Emerging Technologies.
The majority party shall then vote to accept or reject each such appointment or recommendation for removal by a majority vote.
In the event that any such appointment is rejected by the caucus, the procedure of this rule shall be repeated until an appointment for the said position has been approved by the caucus. A vacancy in any position to which the provisions of this section apply shall be filled in the same manner as provided in this section for original appointment.
No member shall receive more than one stipend pursuant to section 9B of chapter 3 of the General Laws.
The Speaker and the Minority Leader may, without a majority vote of their respective parties, remove a member appointed to a leadership position from said position pursuant to this rule if the member has been criminally indicted by a court of competent jurisdiction.
[Amended Jan. 16, 1979; Nov. 17, 1983; Jan. 11, 1985; Jan. 9, 1991; Jan. 14, 1997; Jan. 23, 2007; Feb. 11, 2009; Jan 23, 2013; Jan. 29, 2015; Feb. 19, 2015; Jan. 30, 2019.]
18A. There shall be 1 member of the minority party on all committees of conference and 1 on the committee on Bills in the Third Reading. On all other standing and joint committees, the percent of minority party membership shall be at least equal to the percent of minority party membership in the House of Representatives as of the first day of the session; provided, further, that where such percentage results in a fraction of a number, the fraction shall be rounded off to the nearest whole; provided, however, that the minority party shall under no circumstances have less than 4 members on the committee on Ethics, 4 on the committee on Human Resources and Employee Engagement , 3 on the committee on Rules and 7 on the committee on Ways and Means. In no case shall minority party representation be less than 2 members on all other standing and joint committees.
The Speaker and the Minority Leader shall appoint the members of their respective party caucuses to be assigned to each standing committee. The Speaker shall appoint the vice chair of each standing committee. The appointments, except those to which Rule 18 applies, shall be voted upon together and shall be subject to ratification by majority vote of the appropriate party caucus.
No member shall be removed from a standing committee except upon the recommendation of the Speaker or Minority Leader, as the case may be, subject to the ratification by their respective caucuses; provided, however, that the Speaker and the Minority Leader may, without a majority vote of their respective parties, remove a member appointed to a standing committee pursuant to this rule if the member has been criminally indicted by a court of competent jurisdiction; and provided further, that if any vacancy occurs in a position to which Rule 18 does not apply, subsequent to the initial ratification, the Speaker or Minority Leader shall fill such vacancy.
The Speaker shall announce committee appointments of majority party members, and the member first named shall be chair, and the second named member shall be vice-chair. The Minority Leader shall announce committee appointments of minority party members. (13.)
[Adopted Jan. 11, 1985; Amended Jan. 12, 1987; Jan. 9, 1991; Jan. 14, 1997; Feb. 11, 2009; Jan. 30, 2019.]
18B. All votes on ratification by the caucus required by these rules shall be by written ballot and shall require a majority of those present and voting; provided, however, that if a motion to ratify the appointments by acclamation is made and seconded, no written ballot shall be required. [Adopted Jan. 11, 1985.]
18C. [Adopted, Jan. 11, 1985, Omitted Jan. 24, 2001.]
19. A majority and minority party caucus may be called by the Speaker or Minority Leader, respectively, or upon petition of 25 percent of the members of the respective party caucus. A caucus may entertain resolutions, motions, or other means of ascertaining the sense of the respective party members on any subject. (13B.)
[Adopted Nov. 17, 1983; Amended Jan. 11, 1985; Jan. 29, 2015.]
19A. The majority party and minority party shall establish caucus rules that shall dictate the procedures of each caucus.
19B. Any member caucus or group of members organized around a common legislative agenda that utilizes House resources, including staff time, shall register with the House Committee on Rules as a Legislative Member Organization, unless it is a party caucus. The chair of the House Committee on Rules shall notify the Clerk of the House of any Legislative Member Organization registering with the Committee and shall maintain a list of all Legislative Member Organizations.
Registration shall include the name of the Legislative Member Organization, its statement of purpose, identification of its members and officers, and a certification signed by its chair that any state resources used for the purposes of the Legislative Member Organization shall be not be used for any partisan political end.
A Legislative Member Organization may not include a non-legislator. Senators may belong to the Legislative Member Organization, but in order to use House resources at least one House member shall be an officer of the Legislative Member Organization. A Legislative Member Organization may, without limitation, sponsor informational or educational events, may invite outside speakers and groups to make presentations to the members of the Legislative Member Organization and others, and may distribute any report, analysis, or other research material prepared by others provided that the identity of the person or organization authoring the work is fully disclosed.
A member’s official stationery may list his or her membership in a Legislative Member Organization.
[Adopted Nov. 17, 1983; Amended Jan. 14, 1997.]
20. The committee on Ways and Means shall report in appropriation bills the total amount appropriated. The General Appropriation Bill shall be available to the members at least 7 calendar days prior to consideration thereof by the House. [25.] (27A.)
[Amended Jan. 11, 1985; Mar. 24, 1986; Jan. 14, 1997; Jan. 26, 2005; Jan. 29, 2015.]
20A. (a) Notwithstanding the provisions of Rule 33A, amendments to the General Appropriation Bill shall be properly filed with the Clerk in an electronic format to be determined by the Clerk as directed by the Speaker; provided that the Clerk shall notify by electronic communication the primary sponsor of each amendment of the receipt of such amendment and the number assigned by said Clerk to the amendment; provided further, that the Clerk shall print each amendment so filed electronically and such printed copy shall be considered to be the official amendment for that bill. Amendments to said General Appropriation Bill shall be filed with the Clerk by 5 o’clock P.M. on the third business day subsequent to the bill being made available in a format to be determined by the Clerk as directed by the Speaker pursuant to Rule 20B and release of said bill by said Clerk; provided, that if the release of said bill by said Clerk occurs before the hour of 2 o’clock P.M., then the same day in which said bill was released shall be considered the first business day. Otherwise, the day following the release shall be considered the first business day.
(b)(1) The Clerk, with the assistance of the committee on Ways and Means, shall categorize the subject-matter of the amendments and arrange such amendments for consideration sequentially by subject as appearing in the published version of the General Appropriation Bill, or the Clerk, with the assistance of the committee on Ways and Means, shall categorize the subject-matter of the amendments and arrange such subject matters for consideration as determined by the committee on Ways and Means. Debate on the General Appropriation Bill shall not commence until a date and time to be determined by the House which is subsequent to the designated time established for filing of amendments pursuant to subsection (a) of this rule.
(2) Before the main question on the General Appropriation Bill is placed before the House, an amendment may be withdrawn at the request of the primary sponsor of the amendment or postponed by the committee on Ways and Means; provided, that further consideration of any amendment so postponed shall take place immediately subsequent to consideration of the amendments within the particular subject-matter to which the postponed amendment was assigned according to the provisions of this subparagraph; provided, that if more than one amendment is so postponed, subsequent consideration of said amendments shall be in the order determined by the committee on Ways and Means; provided further, an amendment so postponed shall not be subsequently considered outside of its assigned subject-matter; and provided further, that notwithstanding the provisions of Rule 33A; and provided further, that perfecting or substitute amendments, including, but not limited to an amendment consolidating more than one amendment, may be submitted by the committee on Ways and Means during consideration of the subject category to which the amendment or amendments were assigned. Any amendment may be removed from a consolidated amendment by the primary sponsor of the amendment. Any such amendment so removed from a consolidated amendment shall be offered as an amendment to the General Appropriation Bill, to be acted upon in the first degree before action is taken on the consolidated amendment, except that any amendment so removed from the consolidated amendment may be moved by the committee on Ways and Means from one subject category to another subject category not yet disposed of in the General Appropriation Bill.
(3) A consolidated amendment to the General Appropriation Bill, offered by the committee on Ways and Means, shall contain a fiscal note indicating its total expenditures.
(4) Notwithstanding Rule 74, a consolidated amendment offered by the committee on Ways and Means, may not be divided.
(c) Except for consolidated amendments or perfecting amendments offered by the committee on Ways and Means, no proposition on a subject different from the amendment under consideration shall be admitted under color of a further amendment to the General Appropriation Bill. A consolidated amendment to the General Appropriation Bill, offered by the committee on Ways and Means, shall be a motion offering an amendment in the second degree.
(d) Any amendment to the General Appropriation Bill not complying with this rule shall be considered withdrawn; provided that, any such amendments shall be published as part of the amendment list published by the committee on Ways and Means.
20B. When the General Appropriation Bill is reported by the committee on Ways and Means, it shall be made available to all members electronically and to the public via the website of the General Court in a format to be determined by the Speaker in consultation with the Clerk. The committee on Ways and Means shall provide the membership with an electronic copy of its proposed text of said General Appropriation Bill, and an executive summary which shall include a list of outside sections, and a short summary of each outside section prior to full House consideration of such bill. When the House considers said General Appropriation Bill, it shall be read a second time; provided further that amendments relative to enhancing or reducing revenue shall only be considered prior to the third reading of said bill to be in order, and that all other amendments to the General Appropriations Bill shall only be considered subsequent to the third reading of said bill.
21. Whenever the committee on Ways and Means reports an appropriation bill or capital outlay bill, it shall make available to the members a report which includes an explanation of any increase or decrease of five percent or more which results in an increase or decrease of one million dollars or more for any item for which the Governor has made a recommendation, and an explanation for the deletion of an item recommended by the Governor, and for the addition of an item for which the Governor has made no recommendation. [25A.] (27A.)
22. Bills and resolves when ordered to a third reading shall be referred forthwith to the committee on Bills in the Third Reading, which shall examine and correct them, for the purpose of avoiding repetitions and unconstitutional provisions, and insuring accuracy in the text and references, and consistency with the language of existing statutes; but any change in the sense or legal effect, or any material change in construction, shall be reported to the House as an amendment.
The committee on Bills in the Third Reading may consolidate into 1 bill any 2 or more related bills referred to it, whenever legislation may be simplified thereby.
Resolutions received from and adopted by the Senate or introduced or reported into the House, after they are read and before they are adopted, shall be referred to the committee on Bills in the Third Reading.
Amendments of bills, resolves and resolutions adopted by the Senate and sent to the House for concurrence, shall, subsequently to the procedure required by Rule 35 in respect to amendments, also be referred, in like manner, to the committee on Bills in the Third Reading.
When a bill, resolve or resolution has been so referred, no further action shall be taken until a report thereon has been made by the committee. Accompanying said report shall be a written explanation prepared by the committee defining any changes made in a bill, resolve or resolution so as to facilitate the proceedings of the House.
If a bill or resolve referred to the committee on Bills in the Third Reading requires a two-thirds vote because it contains an emergency preamble, or if it provides for the borrowing of money by the Commonwealth and comes within the provisions of Section 3 of Article LXII of the Amendments to the Constitution, or provides for the giving, loaning or pledging of the credit of the Commonwealth and comes within the provisions of Section 1 of Article LXII (as amended by Article LXXXIV) of the Amendments to the Constitution, or provides, upon recommendation of the Governor, for a special law relating to an individual city or town and comes within the provisions of clause (2) of Section 8 of Article LXXXIX of the Amendments to the Constitution or provides for environmental protection within the provisions of Article XLIX as amended by Article XCVII, the committee shall plainly indicate the fact on the outside of the bill or resolve, or on a wrapper or label attached thereto. [26.] (33.)
[Amended Jan. 12, 1983; Jan. 11, 1985; May 5, 1993; Jan. 29, 2015.]
23. Bills and resolves prepared for final passage shall be certified by the Clerk of the House, after comparison, to be the same as the bills or resolves passed to be engrossed; and if found to be properly prepared, the Clerk shall so endorse on the envelope thereof; and the question on enactment or final passage or adopting an emergency preamble shall be taken thereon, without further reading, unless specifically ordered.
When a bill prepared for final passage contains an emergency preamble or when it provides for the borrowing of money by the Commonwealth and comes within the provisions of Section 3 of Article LXII of the Amendments to the Constitution, or provides for the giving, loaning or pledging of the credit of the Commonwealth and comes within the provisions of Section 1 of Article LXII (as amended by Article LXXXIV) of the Amendments to the Constitution, or provides, upon recommendation of the Governor, for a special law relating to an individual city or town and comes within the provisions of clause (2) of Section 8 of Article LXXXIX of the Amendments to the Constitution, or provides for environmental protection within the provisions of Article XLIX as amended by Article XCVII, the Clerk shall plainly indicate the fact on the envelope thereof. [27.] (34.) [See Rule 40.]
[Amended Jan. 12, 1983; Jan. 29, 2015.]
23A. No member of the House, except the Speaker, Speaker pro Tempore, Majority Leader, Assistant Majority Leader, Second Assistant Majority Leader, Minority Leader, Assistant Minority Leader, Second Assistant Minority Leader, Third Assistant Minority Leader, Vice-Chairperson of the Committee on Ways and Means, Assistant Vice-Chairperson of the Committee on Ways and Means and committee chairs with respect to committee business, shall receive privileges or compensation for postage which is greater than seventy-five percent of the amount allowed as standard practice during the 186th biennial session of the General Court, as determined by the House Business Manager.
[Adopted Jan. 11, 1985; Amended Jan. 24, 2001; Jan. 26, 2005; Jan. 20, 2011.]
24. (a) (1)Petitions, recommendations and reports of state officials, departments, commissions including legislative commissions, and boards, special reports including legislation initiated by the Committee on Ethics pursuant to rule 16, and reports of special committees and commissions including legislative commissions, shall be filed with the Clerk in a format to be determined by said Clerk, who shall, unless they are subject to other provisions of these rules or the rules of the two branches, refer them, with the approval of the Speaker, to the appropriate committees, subject to such change of reference as the House may make. The reading of all such documents may be dispensed with, but they shall be entered in the Journal of the same or the next legislative day after such reference except as provided in Joint Rule 13.
(2) All orders, including motions or orders proposed for joint adoption, resolutions and other papers intended for presentation, except those hereinbefore mentioned, shall be filed with the Clerk in a format to be determined by said Clerk, who shall, prior to the procedure required by other provisions of these rules or of the rules of the two branches, refer them to the committee on Rules.
(b) Resolutions for adoption by the House only or resolutions for joint adoption shall only be considered for adoption in the House if the resolution meets the criteria set forth in this rule.
(c) Resolutions shall consist of: (i) no more than 5 clauses beginning with the word “WHEREAS”, which shall contain statements of facts or opinions; and (ii) no more than 2 clauses beginning with the word “RESOLVED”.
(d) Resolutions shall recognize, honor, commend, celebrate or commemorate a momentous achievement, special occasion or significant event or date; provided, however, that the following resolutions shall not be considered for adoption:
(i) resolutions recognizing, honoring, commending, celebrating or commemorating the birthday of a person under the age of 80;
(ii) resolutions recognizing, honoring, commending, celebrating or commemorating a wedding anniversary of a married couple of less than 50 years,
(iii) resolutions recognizing, honoring, commending, celebrating or commemorating an anniversary of an organization of less than 20 years;
(iv) resolutions recognizing, honoring, commending, celebrating or commemorating a class reunion;
(v) resolutions recognizing, honoring, commending, celebrating or commemorating a for-profit organization;
(iv) resolutions proclaiming certain days, weeks or months;
(vii) resolutions that includes a statement of policy or ideology.
(e) Suspension of clauses (b) through (d) of subsection (2) of this rule shall require unanimous consent of the members present.
(3) Petitions and other papers so filed which are subject to the provisions of Joint Rule 7A, 7B, or 9 shall be referred by the Clerk to the committee on Rules. Petitions and other papers so filed, which are subject to the provisions of the second paragraph of Joint Rule 12, shall, prior to the procedure required by said rule, be referred by the Clerk to the committee on Rules. The reading of all such papers may be dispensed with, but they shall be entered in the Journal of the same or the next legislative day after such reference.
(4) Matters which have been placed on file during the preceding year may be taken from the files by the Clerk upon request of any member or member-elect; and matters so taken from the files shall be referred or otherwise disposed of as provided above.
(5) Recommendations and special reports of state officials, departments, commissions and boards, reports of special committees and commissions, bills and resolves accompanying petitions, recommendations and reports, and resolutions shall be made available under the direction of the Clerk, who may cause to be made available, with the approval of the Speaker, any other documents filed as herein provided.
(6) All such legislation and reports filed with the Clerk shall be submitted in a format prescribed by said Clerk. Said documents shall contain the name or names of the primary sponsors and a list of the names of all petitioners praying for the legislation. Additional names may be added to the list of the petitioners; provided, however, that, such additional names shall be submitted in a format to be determined by the Clerk.
(7) Any petition so submitted that is a refile of a measure submitted in a previous session shall include, in the appropriate space provided, the session year for which the measure was filed and the House or Senate bill number or docket number assigned to such measure in such previous session.
(8) Debate upon the suspension of this rule shall be limited to 10 minutes, 3 minutes for each member, and the Speaker shall recognize the member presenting the order, resolution or petition first; provided, however, that suspension of this rule shall require unanimous consent of the members present. Any order, except such order that would amend the Rules of the House, resolution or petition referred to the committee on Rules after the question of suspension of this rule has been negatived, or any order, resolution or petition filed after the beginning of the session and referred to the committee on Rules, shall not be discharged from said committee except by unanimous consent of the House. Motions to discharge the committee on Rules shall be subject to the provisions of paragraph 2 of Rule 28. [28.] (20.) [See Rules 36 and 85.]
[Amended April 27, 1981; Jan. 9, 1989; Jan. 9, 1991; Jan. 26, 2005; Feb. 11, 2009; Jan. 29, 2015; Jan. 30, 2019.]
25. Every petition for legislation shall be accompanied by a bill or resolve embodying the legislation prayed for. [29.] [See Joint Rule 12.]
26. When the object of an application can be secured without a special act under existing laws, or, without detriment to the public interests, by a general law, the committee to which the matter is referred shall report such general law or ought not to pass, as the case may be. The committee may report a special law on matters referred to it upon (1) a petition filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a town, with respect to a law relating to that city or town; (2) a recommendation by the Governor; or (3) matters relating to erecting and constituting metropolitan or regional entities, embracing any two or more cities and towns, or established with other than existing city or town boundaries, for any general or special public purpose or purposes. [30.] (16.) [See Joint Rule 7.]
[Amended Feb. 11, 2009.]
27. With the exception of matters referred to the committee on Rules under the provisions of paragraph (3) of Rule 24, committees shall report on all matters referred to them. The committee on Ways and Means shall report the General Appropriation Bill not later than the second Wednesday of May; and provided further that said committee shall make available to the members all data compiled for justification of budgetary recommendations in all appropriation bills. [33.]
[Amended April 18, 1979; Jan. 14, 1997; Jan. 29, 2015.]
27A. [Omitted Jan. 23, 2007.]
28. (1) Motions directing the committee on Ways and Means to report certain matters to the House, or motions discharging said committees from further consideration of certain matters, shall not be considered until the expiration of seven calendar days and shall require a majority vote of the members present and voting for adoption. Committees so directed to report shall file a report with the Clerk within 4 legislative days. The committee on Ways and Means may not be directed to report or be discharged from further consideration of any appropriation or capital outlay measure.
(2) The committee on Rules, except as provided in Rule 24, and the committee on Bills in the Third Reading shall not be discharged from consideration of any measure or be directed to report on any measure within 10 calendar days of its reference without the unanimous consent of the House, or after such 10 day period except by a vote of a majority of the members present and voting thereon.
(3) Matters discharged under the provisions of this rule shall be placed in the Orders of the Day for the next sitting. Petitions discharged under the provisions of this rule shall be considered as favorably reported and the bill, resolve, resolution or order accompanying such petitions shall be placed in the Orders of the Day for the next sitting.
(4) During the last week of the session, the provisions of paragraphs (1) and (3) of this rule shall be inoperative.
(5) A second motion to discharge a matter from a committee or a second motion to direct a committee to report a matter shall not be entertained until the first such motion has been disposed of.
(6) As an alternative procedure to that provided under the provisions of this rule, the members of the House may, by filing a petition signed by a majority of the members elected to the House, discharge the House committee on Ways and Means, the House committee on Bills in the Third Reading, and the House committee on Rules from further consideration of a legislative matter. Seven days following the filing of the petition with the House Clerk, the committee shall be discharged from further consideration of the legislative matter specified in the petition and the House Clerk shall place the matter in the Orders of the Day for the next calendar day that the House is meeting.
(7) For the purpose of this rule, matters not appearing on the Calendar which are not before any committee shall be deemed to be before the Rules committee. Notwithstanding the previous sentence, a bill which has been engrossed by the House and Senate shall be placed before the House for enactment. Any member may request to the House that a matter engrossed in the House and Senate, returned for final passage by the engrossing division, and reviewed and released by the Committee on Bills in Third Reading be placed before the House for enactment. The Speaker shall, in response to such a request of a member, put the matter before the House at the conclusion of the matter then pending.
(8) This rule shall not be suspended unless by unanimous consent of the members present. (27C, 32A.)
[Amended Jan. 12, 1981; April 27, 1981; Jan. 12, 1983; Nov. 17, 1983; Jan. 11, 1985; Jan. 9, 1989; Jan. 9, 1991; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007; Jan. 29, 2015.]
28A. The committee on Bills in the Third Reading shall report on a legislative matter not later than 45 days following the day the matter was referred to it. The Clerk shall indicate on the Calendar entry of every matter before the committee on Bills in the Third Reading the date that said matter was referred to said committee.
[Adopted Jan. 11, 1985; Amended Jan. 9, 2003; Jan. 29, 2015.]
REGULAR COURSE OF PROCEEDINGS.
Petitions.
29. The member presenting a petition shall endorse their name thereon; and the reading thereof shall be dispensed with, unless specially ordered. [37.] (18.)
[Amended Jan. 11, 1985; Jan. 30, 2019.]
Motions Contemplating Legislation, etc.
30. All motions contemplating legislation shall be founded upon petition, except as follows:
The committee on Ways and Means may originate and report appropriation bills as provided in Rule 20. Messages from the Governor shall, unless otherwise ordered, be referred to the appropriate committee, which may report by bill or otherwise thereon. A similar disposition shall, unless otherwise ordered, be made of reports by state officers and committees authorized to report to the Legislature, and similar action may be had thereon.
Messages from the Governor returning appropriation bills, or parts of appropriation bills, with objections or reductions of sections or items thereof, shall be reconsidered subsequent to a report of the committee on Ways and Means. Messages or recommendations from the Governor shall be filed with the Clerk in a format to be determined by the Clerk. [40.] (19.)
[Amended Jan. 24, 2001.]
Bills and Resolves.
31. Bills shall be drafted in a format approved by the Counsel to the House and submitted in a format to be determined by the Clerk. Bills amending existing laws shall not provide for striking words from, or inserting words in, such laws, unless such course is best calculated to show clearly the subject and nature of the amendment. No repealed law, and no part of any repealed law, shall be re-enacted merely by reference. [42.] (17.)
[Amended Jan. 9, 2003; Jan. 26, 2005; Jan. 29, 2015.]
32. If a committee to which a bill is referred reports that the same ought not to pass, the question shall be "Shall this bill be rejected?". If the question on rejection is negatived, the bill, if it has been read but once, shall be placed in the Orders of the Day for the next sitting for a second reading without question; otherwise it shall be placed in the Orders of the Day for the next sitting, pending the question on ordering to a third reading, or to engrossment, as the case may be. [43.] (30.)
[Amended Jan. 30, 2019.]
32A. [Omitted Jan. 26, 2005.]
33. Bills involving an expenditure of public money or grant of public property, or otherwise affecting the state finances, unless the subject matter has been acted upon by the joint committee on Ways and Means, shall, after their first reading, be referred to the committee on Ways and Means, for report on their relation to the finances of the Commonwealth.
New provisions shall not be added to such bills by the committee on Ways and Means, unless directly connected with the financial features thereof.
Orders reported in the House or received from the Senate involving the expenditure of public money for special committees, shall, before the question is taken on the adoption thereof, be referred to the committee on Ways and Means, whose duty it shall be to report on their relation to the finances of the Commonwealth.
Every such bill involving a capital expenditure for new projects, or an appropriation for repairs, or any legislation, the cost of which, in the opinion of the committee, exceeds the sum of one hundred thousand dollars when reported into the House by the committee on Ways and Means, shall be accompanied by a fiscal note indicating the amount of public money which will be required to be expended to carry out the provisions of the proposed legislation, together with an estimate of the cost of operation and maintenance for the first year if a new project is involved. [44.] (27.)
[Amended April 18, 1979; Jan. 12, 1981; Jul. 17, 2003; Jan. 26, 2005.]
33A. Copies of all bills shall be available, in a format to be determined by the Speaker in consultation with the Clerk, to all members of the House and the public electronically via the website of the General Court; provided, however, that any bill or resolve to be considered by the House at a formal session shall be available to all members electronically and to the public via the website of the General Court no later than P.M. the day prior to consideration thereof by the House in a formal session; provided further that, to the extent practicable, a summary of any bill containing meaningful policy changes to be considered by the House in a formal session shall be made available by the chair of the committee reporting the bill, to all members of the House prior to the commencement of roll calls for the formal session in which the bill will be considered.
All amendments offered by members to any legislative matter in the House shall be submitted in a format to be determined by the Clerk in consultation with the Speaker; provided, however, that an amendment to any bill or resolve to be considered by the House at a formal session shall be filed by 5:00 P.M. on the day the bill or resolve is made available to the members pursuant to the first paragraph of this rule. Amendments shall be considered by the House chronologically as submitted to the Clerk, except for an amendment in the second degree; provided that all amendments shall be drafted in proper form acceptable to the clerk; and provided further that the Clerk shall print each amendment so filed and such printed copy shall be considered to be the official amendment for that bill and there shall be available to the members a duplicate copy of each amendment. (33A.)
When the House considers any bill or resolve, other than the General Appropriations Bill, it shall be read a second time and, subsequent to the consideration of any amendments recommended by a committee or committees, it shall forthwith be considered by the House, the question being on ordering it to a third reading, without any other amendments. A bill or resolve so ordered to a third reading shall be immediately referred to the committee on Bills in the Third Reading and, upon being released by said committee, it shall be read a third time and shall then be open to amendments, the main question being on passing the bill or resolve to be engrossed.
Except for consolidated amendments or perfecting amendments offered by the committee on Ways and Means, no proposition on a subject different from the amendment under consideration shall be admitted under color of a further amendment to any bill or resolve. A consolidated amendment to any bill or resolve, offered by the committee on Ways and Means, shall be a motion offering an amendment in the second degree.
[Adopted Nov. 17, 1983; Amended Nov. 28, 1984; Jan. 12, 1987; Jan. 9, 1991; Jan. 17, 1995l; Jan. 9, 2003; Jan. 26, 2005, Jan. 23, 2007; Jan. 29, 2015.]
33B. [Omitted Jan. 26, 2005.]
33C. [Omitted Jan. 26, 2005.]
33D. [Omitted Jan. 26, 2005.]
33E. No consolidated amendment offered by the committee on Ways and Means shall be considered by the House until the expiration of at least 30 minutes after the consolidated amendment shall have been first filed with the Clerk and made available to the members. This rule shall not be suspended unless by unanimous consent of the members present.
[Added Feb. 4, 2010; Amended Jan. 29, 2015.]
33F. No consolidated amendment shall be adopted except by a roll call vote.
[Added Feb. 2, 2017.]
34. Bills from the Senate, after their first reading, shall be referred to a committee of the House. [45.] (26.)
[Amended Jan. 26, 1999.]
35. Amendments proposed by the Senate, and sent back to the House for concurrence, shall be referred to the committee on Bills in Third Reading, provided that the journal shall reflect the referral; and provided further that subsequent to a report from said committee, the amendments shall be considered forthwith. [46.] (36.)
[Amended April 18, 1979; Jan. 12, 1981; Jan. 26, 2005, Jan. 23, 2007; Jan. 23, 2013.]
36. No bill shall be proposed or introduced unless received from the Senate, reported by a committee, or moved as an amendment to the report of a committee. [47.] (36.)
37. Bills, resolves and other papers that have been, or, under the rules or usage of the House, are to be made available in a format to be determined by the Speaker in consultation with the Clerk, shall be read by their titles only, unless the full reading is requested by vote of a majority of those members present and voting.
[Amended Jan. 9, 2003, Amended, Jan. 23, 2007.] [48.] (29.)
38. When a bill, resolve, order, petition or memorial has been finally rejected or disposed of by the House, no measure substantially the same shall be introduced by any committee or member during the same session. This rule shall not be suspended unless by unanimous consent of the members present. [49.] (54.)
39. No bill shall be passed to be engrossed without having been read on three separate legislative days. [51.] (28.)
[Amended Jan. 11, 1985.]
40. No engrossed bill shall be amended, except by striking out the enacting clause. A motion to strike out the enacting clause of a bill shall be received when the bill is before the House for enactment. If the bill contains an emergency preamble, a motion to suspend this rule may be received before the adoption of the emergency preamble and, if suspended, the amendment may contain a new emergency preamble. This rule shall not apply to a bill or resolve returned by the Governor with a recommendation of amendment in accordance with the provisions of Article LVI of the Amendments to the Constitution; nor shall it apply to amendments of engrossed bills proposed by the Senate and sent to the House for concurrence, which amendments shall be subject to the provisions of Rule 35, provided, however, that an affirmative vote on a motion to suspend this rule shall be required in order to offer an amendment to such an engrossed bill when the question before the House is on adoption of an emergency preamble, re-enactment or enactment, as the case may be. [53.] (49.)
[Amended, Jan. 23, 2007; Jan. 20, 2011; Jan. 23, 2013; Jan. 29, 2015.]
41. Bills received from the Senate and bills reported favorably by committees, when not referred to another standing committee of the House, shall, prior to being placed in the Orders of the Day, be referred to the committee on Steering, Policy and Scheduling. Resolutions received from and adopted by the Senate, or reported in the House by committees, shall, if proposed for joint adoption, be referred to said committee on Steering, Policy and Scheduling. [56.] (26.)
[Amended Jan. 14, 1997; Jan. 26, 1999.]
42. Reports of committees, not by bill or resolve, including orders if proposed for joint adoption, after they are received from the Senate, or made in the House, as the case may be, shall, unless subject to the provisions of any other House or joint rules, be referred to the committee on Steering, Policy and Scheduling; provided that the report of a committee asking to be discharged from further consideration of a subject, and recommending that it be referred or recommitted to another committee, or a report of a committee recommending that a matter be placed on file, shall be immediately considered. Reports of committees on proposals for amendments to the Constitution shall be dealt with in accordance with the provisions of Joint Rule 23. [57.] (36.)
[Amended Jan. 14, 1997; Jan. 29, 2015.]
42A. The Clerk shall, prior to 3 o'clock P.M., on the day preceding a session, make available by electronic communication or other means, a list of all reports of the committee on Steering, Policy and Scheduling, asking to be discharged from further consideration of subjects, and recommending that the subjects be referred to other committees.
[Adopted Jan. 26, 2005; Amended Jan. 29, 2015.]
43. Bills ordered to a third reading shall be placed in the Orders of the Day for the next day for such reading. [58.] (32.)
Special Rules Affecting the Course of Proceedings.
44. The Speaker may designate when an informal session of the House shall be held provided said Speaker gives notice of such informal session at a prior session of the House. The Speaker may, in cases of emergency, cancel a session or declare any session of the House to be an informal session. At an informal session the House shall only consider reports of committees, papers from the Senate, bills for enactment or resolves for final passage, bills containing emergency preambles and the matters in the Orders of the Day. Motions to reconsider moved at such informal session shall be placed in the Orders of the Day for the succeeding day, and no new business shall be entertained, except by unanimous consent.
Formal debate, or the taking of the sense of the House by yeas and nays shall not be conducted during such informal session.
Upon the receipt of a petition signed by at least a majority of the members elected to the House, so requesting, the Speaker shall, when the House is meeting in informal session under the provisions of Joint Rule 12A, designate a formal session, to be held within seven days of said receipt, for the purpose of considering the question of passage of a bill, notwithstanding the objections of the Governor, returned pursuant to Article 2, Section 1, Chapter1, Part 2 of the Massachusetts Constitution. This rule shall not be suspended unless by unanimous consent of the members present. [59.] (5A.)
[Amended Jan. 11, 1985; Jan. 12, 1987; Jan. 17, 1995; Jan. 14, 1997; Jan. 24, 2001; Jan. 9, 2003; Feb. 11, 2009.]
45. After entering upon the consideration of the Orders of the Day, the House shall proceed with them in regular course as follows: Matters not giving rise to a motion or debate shall first be disposed of in the order in which they stand in the Calendar; after which the matters that were passed over shall be considered in like order and disposed. The provisions of this paragraph shall not be suspended unless by unanimous consent of the members present.
Notwithstanding the provisions of this rule, during consideration of the Orders of the Day, the committee on Ways and Means and the committee on Bills in the Third Reading may present matters for consideration of the House after approval of two-thirds of the members present and voting, without debate. [59.] (37.) [See Rule 47.]
[Amended Jan. 12, 1981; Jan. 12, 1983; Feb. 11, 2009.]
46. When the House does not finish the consideration of the Orders of the Day, those which had not been acted upon shall be the Orders of the Day for the next and each succeeding day until disposed of, and shall be entered in the Calendar, without change in their order, to precede matters added under Rule 7A; provided, however, that all other matters shall be listed in numerical order by Calendar item.
The unfinished business in which the House was engaged at the time of adjournment shall have the preference in the Orders of the Day for the next day. [60.] (35.)
[Amended Jan. 12, 1987; Jan. 26, 1999.]
47. No matter which has been duly placed in the Orders of the Day shall be discharged therefrom, or considered out of the regular course. [61.] (38.) [See Rule 45.]
Voting.
48. Members desiring to be excused from voting shall make application to that effect before the division of the House or the taking of the yeas and nays is begun. Such application may be accompanied by a brief statement of reasons by the member. The Clerk shall, prior to the first roll call of the sitting, announce the name of any member who has informed the Clerk to not call their name or lock their voting station. The Clerk shall also announce prior to any subsequent roll call of the sitting the name of any member who had informed said Clerk not to call their name or lock their voting station since the taking of the immediately preceding roll call.
A member absent from the House for a formal session period of a day or longer shall notify the Clerk in writing of the intended absence. A member absent during a formal session for an extended period or for the remainder of the session shall notify the Clerk in person. The Clerk shall provide a written notice to any such absent member.
The Clerk shall disable the voting station of any such member notifying the Clerk of an absence pursuant to this Rule. The Clerk shall also disable the voting station of any member failing to answer the first non-quorum roll call of a legislative sitting; provided, however, that the Clerk shall reactivate the voting station upon receiving notification of the member's return to the House Chamber. ([64.] (57.)
[Amended Feb. 11, 2009; Jan. 30, 2019.]
49. If the presence of a quorum is doubted, a count of the House shall be made. When a yea and nay vote is taken, the members, with the exception of the Speaker, shall vote only from their seats. A member who has been appointed by the Speaker to perform the duties of the Chair, or a person who has been elected Speaker pro Tempore, may designate some member or a court officer to cast a vote for said member on any vote taken on the electronic voting system while such member is presiding. Said designated member performing the duties of the Chair, or Speaker pro Tempore, may, if the Speaker is in the State House, cast a vote for the Speaker. The Speaker shall state the pending question before opening the system for voting.
The Speaker may direct the Clerk to cast a vote for a member who is in the House Chamber, but who is unable to vote due to a malfunction of their voting station or inability to open their voting station.
Except in the case of a vote to ascertain the presence of a quorum, if a member is prevented from voting personally using the electronic voting system because of physical disability, said member shall, if present in the State House, be excused from so voting and the Speaker shall assign a court officer to cast said member's vote so long as said physical disability continues; provided that the Speaker shall announce the action of the Chair to the membership prior to assigning a court officer to cast the member's vote and provided further that the Speaker shall announce the action to the membership the first time a vote is cast for that member on each successive day.
A member serving on active reserve military duty may participate remotely in a formal session, subject to the requirements and limitations of federal law and regulation, including, but not limited to, United States Department of Defense Directive 1344.10. A member serving on active reserve military shall notify the Clerk of such service as soon as practicable.
A member diagnosed with a serious medical condition may, upon submission of a request for an accommodation to participate remotely to Counsel appointed pursuant to Rule 13B, accompanied by documentation from said member’s medical provider that an accommodation is necessary, may participate remotely in a formal session. Upon receipt and approval of a request for accommodation to participate remotely Counsel shall notify the Clerk that the member filing the request has been authorized to participate remotely. Other than the notification provided to the Clerk, Counsel shall maintain any request for accommodation pursuant to this rule as confidential.
A member authorized to participate remotely in a formal session pursuant to this Rule shall have the same privileges, rights and responsibilities as if the member were physically present in the House Chamber, including without limitation, the right, privilege and responsibility to cast votes on all questions or other matters brought to a vote and the ability to take the oath required pursuant to Part the Second, Chapter VI, Article I of the Constitution of the Commonwealth.
The Journal of the House for any formal session of the House where a member is participating remotely in a formal session pursuant to this Rule shall not specify which members participated remotely. [65.]
[Amended April 18, 1979; Jan. 12, 1987; Jan. 9, 1991; Jan. 9, 2003; Jan. 20, 2011; Feb. 11, 2009; Jan. 30, 2019.]
50. When a question is put, the sense of the House shall be taken by the voices of the members, and the Speaker shall first announce the vote as it appears to the Speaker by the sound. If the Speaker is unable to decide by the sound of the voices, or if the announcement made thereupon is doubted by a member rising in their place for that purpose, the Speaker shall order a division of the number voting in the affirmative and in the negative, without further debate upon the question. [66.] (55.)
[Amended Jan. 11, 1985; Feb. 11, 2009; Jan. 30, 2019.]
51. When a return by division of the members voting in the affirmative and in the negative is ordered, the members for or against the question, when called on by the Speaker, shall rise in their places, and stand until they are counted. If, upon the taking of such a vote, the presence of a quorum is doubted, a count of the House shall be had, and if a quorum is present the vote shall stand. [67.]
52. The sense of the House shall be taken by yeas and nays whenever required by ten percent of the members elected. The Speaker shall, after waiting up to an interval of twelve minutes, state the pending question and, after opening the electronic voting system, instruct the members to vote for not less than two minutes and no more than twenty-two minutes, the Speaker shall close said system and cause totals to be displayed and a record made of how each member present voted; provided, that if at any time during said voting period any standing, joint or conference committee is meeting in public or executive sessions, the Speaker shall leave the electronic voting machine open for not less than 5 minutes.
Any member desiring to be recorded as being "present" when a yea and nay vote is taken on the electronic roll call system shall so notify the Clerk in person after said vote is ordered and before the vote is announced.
In the event the electronic voting system is not in operating order, the roll of the House shall be called in alphabetical order; provided, however, that no member shall be allowed to vote or to answer "present" who was not on the floor before the vote is declared; provided, however, that a member, who was in the State House on a previous roll call, may be recorded by reporting to the Clerk within five minutes after such vote is closed, unless objection is made thereto and it is seconded; and provided further that the presiding officer shall not, for said purpose, interrupt the member who is speaking on the floor; provided, however, that such request may be announced to the House subsequent to the five minutes. The Speaker shall not entertain any requests beyond said five-minute period. Once the voting has begun it shall not be interrupted except for the purpose of questioning the validity of a member's vote before the result is announced. Except as heretofore provided, any member who shall vote or attempt to vote for another member or any person not a member who votes or attempts to vote for a member, or any member or other person who willfully tampers with or attempts to impair or destroy in any manner whatsoever the voting equipment used by the House, or change the records thereon shall be punished in such manner as the House determines; and provided further, that such a violation shall be reported to the Ethics Committee. [68.] (56, 57.)
Upon completion of the tally by the Clerk and the announcement of the vote by the Speaker, the results of all roll calls conducted shall be conspicuously posted on the website of the General Court.
[Amended Jan. 12, 1983; Jan. 11, 1985; Jan. 12, 1987; Jan. 9, 1991; Jan. 24, 2001; Jan. 9, 2003; Jan. 26, 2005; Feb. 11, 2009; Jan 20, 2011.]
53. The call for yeas and nays shall be decided without debate. If the yeas and nays have been ordered before the question is put, the proceedings under Rules 50 and 51 relative to verification of the vote by the voices of the members or by a return of divisions shall be omitted; if not, they may be called for in lieu of a return by divisions when the Speaker's announcement is doubted by a member rising in their place, and, if then ordered, the proceedings under Rules 50 and 51 shall be omitted. [69.] (52.)
[Amended Jan. 26, 1999; Jan. 30, 2019.]
Reconsideration.
54. No motion to reconsider a vote shall be entertained unless it is made on the same day on which the vote was taken, or before the Orders of the Day have been taken up on the next day thereafter on which a quorum is present. If reconsideration is moved on the same day, the motion shall be placed first in the Orders of the Day for the succeeding day; but, if it is moved on the succeeding day, the motion shall be considered forthwith except that if said motion is moved on a day on which an informal session has been designated, it shall be placed in the Orders of the Day for the succeeding day. If reconsideration is moved after July first of the second annual session and thereafter, on any main question, it shall be considered forthwith. This rule shall not prevent the reconsideration of a vote on a subsidiary, incidental or dependent question at any time when the main question to which it relates is under consideration; and provided, further, that a motion to reconsider a vote on any subsidiary, incidental or dependent question shall not remove the main subject under consideration from before the House, but shall be considered at the time when it is made. This rule shall not be suspended unless by unanimous consent of the members present. [70.] (53.)
[Amended Jan. 12, 1981, Jan. 23, 2007.]
55. When a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be twice reconsidered; nor shall any vote be reconsidered upon any of the following motions:
to recess,
to adjourn,
on sustaining a ruling of the Chair,
to close debate at a specified time,
to postpone if voted in the negative,
to discharge or direct a committee to report,
to commit or recommit,
for second or subsequent legislative days,
for the previous question, or
for suspension of rules.
This rule shall not be suspended unless by unanimous consent of the members present. [71.] (53.)
[Amended Jan. 12, 1981; Jan. 12, 1983; Jan. 9, 1991.]
56. Debate on motions to reconsider shall be limited to fifteen minutes, and no member shall occupy more than three minutes, but on a motion to reconsider a vote upon any subsidiary or incidental question, debate shall be limited to ten minutes, and no member shall occupy more than three minutes.
If the House has voted to close debate on any question, a motion to reconsider said question shall be decided without debate. [72.] (52.)
[Amended Jan. 12, 1981; Jan. 12, 1987.]
RULES OF DEBATE.
57. Every member, when about to speak, shall rise and respectfully address the Speaker and shall confine themselves to the question under debate. [73.] (39.)
[Amended Jan. 11, 1985.]
58. Every member while speaking shall avoid personalities; and shall sit down when finished. No member shall speak out of their place without leave of the Speaker. [73.] (39.)
When two or more members rise at the same time, the Speaker shall name the member entitled to the floor, preferring one who rises in their place to one who does not. [74.] (40.)
[Amended Jan. 11, 1985; Jan. 30, 2019.]
59. If a member repeatedly violates any of the rules of the House, or disrupts the orderly procedure of the House, the Speaker, after warning the member of such violations, shall call the member to order, and order that member to take their seat. A member so called to order shall lose the right to speak on the pending subject-matter but shall not be debarred from voting. A member so called to order shall remain seated until the House begins consideration of another subject-matter or unless the Speaker earlier returns to the member their rights to the floor.
If a member so called to order refuses to immediately take their seat, the Speaker shall immediately name that member, who shall be escorted from the Chamber under escort of the Sergeant-at-Arms. The matter shall thereupon, on motion, be referred to a special committee of three to be appointed by the Speaker. Said special committee shall make a report to the House of its recommendations, which report shall be read and accepted.
Having been named, a member shall not be allowed to resume their seat until said member has complied with the recommendations of the committee as accepted by the House.
If, after a member is seated or named, the action of the Speaker is appealed, the House shall decide the case by a majority vote of the members present and voting, but if there is no immediate appeal, the decision of the Speaker shall be conclusive.
[Amended Jan. 12, 1981; Jan. 11, 1985; Feb. 11, 2009; Jan. 30, 2019.]
60. No member shall interrupt another while speaking except by rising to a point of order, to a question of personal privilege, to doubt the presence of a quorum, or to ask the person speaking to yield.
Members may rise to explain matters personal to them by leave of the presiding officer, but shall not discuss pending questions in such explanations.
Questions of personal privilege shall be limited to questions affecting the rights, reputation, and conduct of the member in their representative capacities.
Members may rise to ask questions of parliamentary inquiry concerning the pending matter by leave of the presiding officer, but shall not debate the pending questions. [75.] (42.)
[Amended Jan. 12, 1981; Feb. 11, 2009; Jan. 30, 2019.]
61. No member shall speak more than once to the prevention of those who have not spoken and desire to speak on the same question.
This prohibition shall not apply to those members designated by the committee or committees reporting the bill.
No member shall occupy more than thirty minutes at a time while speaking on any question where debate is unlimited.
Unless the operation of another rule provides to the contrary (such as previous question, limitation of debate, etc.), no member shall be prohibited from speaking more than once on any question when no other member who has not spoken is seeking recognition by the Chair. [76.] (41.)
Motions.
62. Every motion shall be reduced to writing, if the Speaker so directs. [77.] (44.)
63. A motion need not be seconded, except an appeal from the decision of the Chair, and may be withdrawn by the mover if no objection is made. [78.] (44.)
[Amended Jan. 12, 1981.]
Limit of Debate.
64. A motion to recess or adjourn shall always be first in order, and shall be decided without debate; and on the motions to close debate at a specified time, to postpone to a time certain, to commit or recommit, not exceeding ten minutes shall be allowed for debate, and no member shall speak more than three minutes. On the motion to discharge any committee, or on a motion directing any committee to report matters before it, not exceeding fifteen minutes shall be allowed for debate, and no member shall speak more than three minutes.
If the main motion is undebatable, any subsidiary or incidental motion made relating to it shall also be decided without debate. [79.] (52.) [See Rules 56 and 83.]
[Amended Jan. 12, 1981.]
64A. Debate on the question on adoption of orders for second and subsequent legislative days shall be limited to ten minutes, and no member shall speak more than three minutes. After entering into a second or subsequent legislative day, the House shall immediately proceed to consideration of engrossed bills, reports of committees, papers from the Senate or the Orders of the Day. This rule shall not be suspended unless by unanimous consent of the members present.
[Adopted Jan. 12, 1983.]
65. When a question is before the House, until it is disposed of, the Speaker shall receive no motion that does not relate to the same, except the motion to recess or adjourn or some other motion that has precedence either by express rule of the House, or because it is privileged in its nature; and the Speaker shall receive no motion relating to the same, except,—
for the previous question, . . . . .
to close debate at a specified time, . . . . .
to postpone to a time certain, . . . . .
to commit (or recommit), . . . . .
to amend, . . . . . . . See Rules 66, 67 and 68
See Rules 64, 69 and 70
See Rules 64 and 70
See Rules 64 and 71
See Rules 72, 73, 74 and 75
— which several motions shall have precedence in the order in which they are arranged in this rule. [80.] (46.)
[Amended Jan. 11, 1985.]
Previous Question.
66. Any member may call for the previous question on the main question.
The previous question shall be put in the following form: "Shall the main question be now put?" and all debate on the main question shall be suspended until the previous question is decided.
The adoption of the previous question shall require the affirmative vote of two-thirds of the members present and voting and shall put an end to all debate, and bring the House to direct vote upon pending amendments, if any, in their regular order, and then upon the main question.
A motion to reconsider the vote on any of the pending amendments shall be decided without debate. [81.]
[Amended Jan. 12, 1981.]
67. Any member may call for the previous question on any pending amendment.
The previous question shall be put in the following form: "Shall the question on adoption of the amendment be now put?" and all debate shall be suspended until the previous question is decided.
The adoption of the previous question on a pending amendment shall require the affirmative vote of two-thirds of the members present and voting and shall put an end to all debate and bring the House to a direct vote upon the pending amendment.
A motion to reconsider the vote on the pending amendment shall be decided without debate.
[Amended Jan. 12, 1981.]
68. The previous question shall be decided without debate.
Motion to Close Debate at a Specified Time.
69. Debate may be closed at any time not less than thirty minutes from the adoption of a motion to that effect. This rule shall not be suspended unless by unanimous consent of the members present. [85.] (47.)
Motion to Postpone to a Time Certain.
70. When a motion is made to postpone to a time certain, and different times are proposed, the question shall first be taken on the most remote time; and the time shall be determined before the question is put on postponement, which may then be rejected if the House sees fit. [87.] (51.)
Motion to Commit.
71. When a motion is made to commit, and different committees are proposed, the question shall be taken in the following order:
a standing committee of the House,
a select committee of the House,
a joint standing committee,
a joint selected committee;
and a subject may be recommitted to the same committee or to another committee at the pleasure of the House. [88.] (48.)
Motion to Amend.
72. A motion to amend an amendment is a motion offering an amendment in the second degree and may be received; a motion to amend an amendment in the second degree is a motion offering an amendment in the third degree and shall not be allowed. This rule shall not be suspended unless by unanimous consent of the members present. [89.]
[Amended Jan. 12, 1983.]
73. No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. This rule shall not be suspended unless by unanimous consent of the members present. [90.] (50.)
[Amended Jan. 12, 1987.]
73A. No motion to amend a report from the committee on Ways and Means or a report from the committee on Bills in the Third Reading, when such an amendment contains an expenditure of public money or an increase or decrease in taxes, shall be considered unless a brief explanation of the amendment is stated.
[Adopted Jan. 17, 1995; Amended Jan. 26, 1999.]
74. A question containing two or more propositions capable of division shall be divided whenever desired by any member, if the question includes points so distinct and separate that, one of them being taken away, the other will stand as a complete proposition. The motion to strike out and insert shall be considered as one proposition and therefore indivisible. The question on ordering a bill or resolve to a third reading, or to be engrossed, or to be enacted, or similar main motions shall be considered as indivisible under this rule. This rule shall not be suspended unless by unanimous consent of the members present. [91.] (45.)
[Amended Jan. 12, 1983.]
75. In filling blanks, the largest sum and longest time shall be put first. [92.] (51.) [See Rule 70.]
Declaration of Recess.
76. The Speaker may declare a recess of 15 minutes duration, or less.
[Amended Jan. 9, 1991; Jan. 29, 2015.]
Appeal.
77. No appeal from the decision of the Speaker shall be entertained unless it is seconded; and no other business shall be in order until the question on the appeal has been disposed of. Debate shall be limited to 15 minutes on the question of sustaining a ruling by the Chair, and no member shall occupy more than three minutes. [94.] (43A.) [See Rule 2.]
[Amended Jan. 9, 1989; Jan. 29, 2015.]
Resolves.
78. Such of these rules as are applicable to bills, whether of the House or of the Senate, shall apply likewise to such resolves as require the concurrence of the Senate and approval by the Governor in order to become law and have force as such. [95.]
Seats.
79. (1) The desk on the right of the Speaker shall be assigned to the use of the Clerk and such persons as they may employ to assist said Clerk, and that on the left to the use of the chair and vice-chair of the committee on Bills in the Third Reading.
(2) The Speaker shall assign members to vacant seats. The seat assigned to any member, other than seats assigned under paragraph (1) of this rule, shall be their seat for the year and for such additional years as said member may elect so long as service in the House remains continuous. An exchange of seats may be made with the approval of the Speaker. [98.]
[Amended Jan. 11, 1985; May 5, 1993; Jan. 30, 2019.]
Privilege of the Floor.
80. The following persons shall be entitled to admission to the House of Representatives, during the session thereof, to stand in an area designated by the Speaker in the rear of the Chamber, unless otherwise invited by said Speaker to occupy seats not numbered:
(1) The Governor and the Lieutenant-Governor, members of the Executive Council, Secretary of the Commonwealth, Treasurer and Receiver-General, Auditor of the Commonwealth, Attorney-General, Librarian and Assistant Librarian;
(2) The members of the Senate;
(3) Authorized employees of the House and persons in the exercise of an official duty directly connected with the business of the House; or
(4) Contestants for seats in the House, whose papers are in the hands of a special committee of the House, may be admitted, while their cases are pending, to seats to be assigned by the Speaker.
No other person shall be admitted to the floor during the session, except upon the permission of the Speaker.
No legislative agent or counsel may be admitted to the floor of the House Chamber during a session unless that part of the session is ceremonial in nature in which no other legislative business is conducted.
The legislative reporters shall be entitled to the privileges of the reporters' galleries.
This rule shall not be suspended unless by unanimous consent of the members present. [99.] (60, 61.)
[Amended Jan. 9, 1991, Jan. 23, 2007; Jan. 30, 2019.]
Representatives' Chamber and Adjoining Rooms.
81. (a) Use of the Representatives' Chamber members' corridor or adjoining rooms shall be for official business or educational purposes only and shall be subject to the approval of the Speaker or the committee on Rules. The provisions of this paragraph shall not apply if the purpose of admittance is to attend a meeting in an adjoining room to which members of the general public are allowed to attend.
(b) No legislative agent or counsel shall be admitted to the members' corridor or adjoining rooms. No other person shall be admitted to the members' corridor or adjoining rooms, except persons entitled to the privileges of the floor of the House unless upon written invitation of a member bearing the name of the member and the person the member invites. Upon entering, the invitation shall be given to the court officer assigned to the area. The provisions of this paragraph shall not apply if the purpose of admittance is to attend a meeting in an adjoining room to which members of the general public are allowed to attend.
(c) No person shall be admitted to the north gallery of the House except upon a card of the Speaker.
(d) Subject to the approval and direction of the committee on Rules during the session and of the Speaker after prorogation, the use of the reporters' galleries of the House Chamber shall be under the control of the organization of legislative reporters known as the Massachusetts State House Press Association and the State House Broadcasters Association.
(e) Every legislative reporter desiring admission to the reporters' galleries shall state in writing that they are not the agent or representative of any person or corporation interested in legislation before the General Court, and will not act as representative of any such person or corporation while retaining a place in the galleries; but nothing herein contained shall prevent such legislative reporter from engaging in other employment, provided such other employment is specifically approved by the committee on Rules and reported to the House.
(f) All formal and informal sessions of the House of Representatives shall be open to both commercial and public radio and television, except designated times during such sessions, as determined by the House, reserved for the consideration of non-controversial business which does not give rise to debate. The manner and conditions of such broadcasts shall be established by the Speaker. Television, radio or web-broadcasts may be prohibited on any given day by the Speaker.
All formal and informal sessions shall be broadcast live on House television and livestreamed on the General Court website. Audio or video recordings of prior formal and informal sessions for the current biennial session shall be made available to the public on the General Court website.
The Speaker may arrange for a limited number of remote connections at a location outside of the Representatives' Chamber for commercial and public radio and television to obtain audio and visual feeds of formal sessions being recorded or streamed by the House. Video or audio obtained from such feed shall be used only for reporting purposes. Access to the connections provided shall be on a first-come-first serve basis; provided, however, that commercial and public radio and television acquiring access shall be required to share the audio or video feeds with other any other commercial and public radio and television station seeking access. The manner and conditions of access shall be established by the Speaker with the approval of the House. Access may be prohibited by the Speaker with the approval of the House.
Clauses (a) through (e) of this rule shall not be suspended unless by unanimous consent of the members present. [100.] (59.)
[Amended April 18, 1979; Jan. 12, 1983; Jan. 12, 1987; Jan. 9, 1991; Jan. 26, 1999, Jan. 23, 2007; Jan. 30, 2019.]
Quorum.
82. Eighty-one members present shall constitute a quorum for the organization of the House and the transaction of business. [See amendments to the Constitution, Art. XXXIII.]
In the event that a quorum is not present, the presiding officer shall compel the attendance of a quorum. During the absence of a quorum, no other business may be transacted or motions entertained except a declaration of adjournment or a recess by the Speaker. [105.]
[Amended Jan. 12, 1981; Jan. 14, 1997.]
Debate on Motions for Suspension of Rules.
83. The question of suspension of House Rules 45, 47, 56, 61, 64, 66, 67, 68, 69, 77 and 83 shall be decided without debate. Debate upon the motion for the suspension of any other House rule, unless otherwise indicated, or any joint rule shall be limited to fifteen minutes and no member shall occupy more than three minutes. This rule shall not be suspended unless by unanimous consent of the members present. [102.] (52.)
[Amended Jan. 12, 1981; Jan. 9, 1989.]
84. Unless otherwise indicated, nothing in the House rules or joint rules shall be suspended, altered or repealed unless two-thirds of the members present and voting consent thereto. This rule shall not be suspended unless by unanimous consent of the members present. [103.] (63.)
[Amended Jan. 12, 1981.]
84A. The Clerk may, due to technical limitations or upon exigent circumstances, elect to waive any requirement relative to the electronic availability and posting on the website of the General Court of any bills, resolves, summaries or other documents contained herein; provided, however, that if the Clerk so waives any such requirement he shall make paper copies of the documents available to all members and the public within the limitation established for the electronic availability and posting on the website of the General Court of any bills, resolves, summaries or other documents contained herein.
[Adopted Feb. 11, 2009.]
Reference to Committee on Rules.
85. All motions or orders authorizing committees of the House to travel or to employ stenographers, all propositions involving special investigations by committees of the House, all resolutions presented for adoption by the House only, and all motions and orders except those which relate to the procedure of the House or are privileged in their nature or are authorized by Rule 65, shall be referred without debate to the committee on Rules, which shall report thereon, recommending what action should be taken. The committee shall not recommend suspension of Joint Rule 9, unless evidence satisfactory to the committee is produced that the petitioners have previously given notice, by public advertisement or otherwise, equivalent to that required by Chapter 3 of the General Laws. [104.] (13A.)
[Amended Jan. 29, 2015.]
85A. The House Business Manager, with the approval of the Counsel appointed pursuant to Rule 13B, shall provide that outside, independent audits of House financial accounts be conducted for each fiscal year upon receipt of the fiscal year end appropriation activity with balance report from the comptroller of the Commonwealth. The audit shall be conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The House Business Manager shall provide the independent auditor with requested documents for such audit. A copy of such audit shall be filed with the Clerk of the House and said copies shall be made available to the members and the general public upon request. The procurement of an independent auditor pursuant to this rule shall not be subject to rule 87.
[Adopted Jan. 11, 1985, Amended Jan. 20, 2011; Jan. 30, 2019.]
Parliamentary Practice.
86. The rules of parliamentary practice shall govern the House in all cases to which they are applicable, and in which they are not inconsistent with these rules or the joint rules of the two branches. (62.)
Procurement.
87. (a) All procurements for goods or services shall be completed by the House Business Manager.
(b) All procurements for goods or services shall, to the extent practicable, be made pursuant to a statewide procurement contract established by the operational services division.
(c) Upon certification by the House Business Manager that a necessary procurement cannot be made using a statewide procurement contract established by the operational services division, the House Business Manager may procure the required goods or services pursuant to the following:
(i) for a procurement of a supply or service in an amount of less than $10,000, the House Business Manager shall use sound business practices;
(ii) for a procurement of a supply or service in an amount of $10,000, but less than $100,000, the House Business Manager shall seek written or oral quotations from no fewer than 3 persons customarily providing such supply or service. The House Business Manager shall record the names and addresses of all persons from whom quotations were sought, the names and addresses of all persons submitting quotations and the date and amount of each quotation. The House Business Manager shall transmit all quotes to House Counsel with the House Business Manager’s recommendation as to what quotation offers the needed quality of supply or service at the best value for the House. House Counsel shall review the quotations to ensure compliance with this rule. Upon completion of the review by the House Counsel, the House Business Manager shall award the contract to the responsible person whose quotation offers the needed quality of supply or service and which represents the best value for the House;
(iii) for a procurement of a supply or service in an amount exceeding $100,000, the House Business Manager shall seek proposals through a competitive bid process established by House Counsel; provided, however, that House Counsel shall file the competitive bid process with the Clerk of the House no later than March 31st of the first year of the session.
(d) Notwithstanding subsections (a) through (c), all procurements for legal consulting services and legal resources shall be handled exclusively by Counsel in compliance with the provisions of this rule.
(e) The House Business Manager shall maintain a file on each contract not executed using a statewide procurement contract established by the operational services division and in excess of $10,000 and shall include in such file a copy of all documents constituting the agreement for goods and services and all documents evidencing compliance with this rule. The House Business Manager shall make the file available for inspection within said office by members of the House for at least 3 years from the date of final payment under the contract; provided, however, that the Business Manager, in consultation with Counsel, shall redact from said file any information which (i) is legally privileged; (ii) is proprietary; (iii) is related to individual members or House personnel; or (iv) is otherwise protected by state or federal law.
(f) Whenever the time required to comply with a requirement of this rule would endanger the health, safety or convenience of the members, staff or visitors to the House of Representatives, the House Business Manager may make an emergency procurement without satisfying the requirements of this rule; provided, however, that both the House Business Manager and Counsel certify in writing: (i) that an emergency exists and explain the nature thereof; (ii) that said emergency procurement is limited to only supplies or services necessary to meet the emergency; (iii) that said emergency procurement conforms to the requirements of this rule to the extent practicable under the circumstances; and (iv) shall include each contractor's name, the amount and the type of each contract, the supplies or services provided under each contract, and (vii) the basis for determining the need for an emergency procurement. Such certification shall be filed with the Clerk of the House prior to an emergency procurement. [Adopted Jan. 20, 2011, Amended Jan. 23, 2013; Jan. 29, 2015; Feb. 19, 2015; Jan. 30, 2019.]
Professional Standards and Conduct
88. (a) As used in Rules 88 to 100, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
"Authorized party", a party authorized to receive a complaint of harassment or retaliation pursuant to Rule 93.
"Counsel", Legal Counsel to the House appointed pursuant to Rule 13B.
"Director", the Director of Human Resources appointed pursuant to Rule 90.
"Discriminatory harassment", verbal or physical conduct that:
(1) demeans, stereotypes, or shows hostility or aversion toward an individual or group because of the individual's race, color, religion, national origin, sex, ancestry, sexual orientation, age, disability status, genetic information, gender identity, active military personnel status, transgender status or membership in any other protected class and;
(2) (i) has the purpose or effect of creating an intimidating, hostile, humiliating or offensive working environment;
(ii) has the purpose or effect of unreasonably interfering with a member, officer, intern or employee's work performance or official duties; or
(iii) otherwise adversely affects a member, officer, intern or employee's employment opportunities or ability to fulfill their official duties or conduct business before the House.
"EEO Officer", the Equal Employment Opportunity Officer appointed pursuant to Rule 89.
"Harassment", discriminatory harassment or sexual harassment engaged in by a member, officer, intern or employee of the House or by a third party.
"Sexual harassment", sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:
(1) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions, or as a term, condition or basis for the support of certain policy objectives, political aspirations or business before the House; or
(2) such advances, requests or conduct have the purpose or effect of unreasonably interfering with a member, officer, intern or employee's work performance or official duties by creating an intimidating, hostile, humiliating or sexually offensive work environment.
Under this definition, direct or implied requests for sexual favors in exchange for actual or promised (i) employment benefits such as favorable reviews, salary increases, promotions, increased benefits or continued employment or (ii) support for certain policy objectives, political aspirations or business before the House, shall constitute sexual harassment.
The definition of sexual harassment is broad and may include other sexually oriented conduct, whether or not it is intended to violate this Rule, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating or humiliating to a member, officer, intern or employee of the same or different gender, or those who do not identify as gender binary.
"Supervisor", a member, officer or employee having direct authority or oversight over one or more employees.
"Third party", any person visiting the House of Representatives, or conducting official business or work with any member, officer or employee of the House.
(b) The House is committed to providing fair and equal opportunity for employment and advancement to all employees and applicants.
It is our policy and practice to assign, promote and compensate employees on the basis of qualifications, merit, and competence. Employment practices shall not be influenced nor affected by virtue of an applicant's or employee's race, color, religion, national origin, sex, ancestry, sexual orientation, age, disability status, genetic information, gender identity, active military personnel status, transgender status or membership in any other protected class.
This policy governs all aspects of recruiting, hiring, training, on-the-job treatment, promotion, transfer, discharge and all other terms and conditions of employment.
Without limiting the applicability of the foregoing, the House is committed to creating and maintaining a work environment in which all members, officers, interns and employees of the House, and all third parties, are treated with respect and free from any form of harassment, including harassment based on an individual's membership in any protected class. To that end, the House will not tolerate harassment of any kind by any member, officer, intern, employee or third party in the workplace or otherwise in connection with the official duties or employment responsibilities of a member, officer, third party, intern or employee. Any individual who believes that they may have been the object of harassment, or any individual who witnesses something they think may be harassment, is strongly encouraged to report that information to an authorized party.
The House shall promote the safety and respectful treatment of all members, officers, interns and employees of the House, and all third parties, by establishing uniform procedures for making and receiving complaints of harassment and initiating, conducting and concluding investigations into complaints of harassment.
A violation of this policy will subject the member, officer, employee or intern to discipline pursuant to Rule 95 and Rule 96.
(c) (1) Discriminatory harassment may include, but is not limited to, the following conduct:
(i) epithets, slurs, insults or negative stereotyping related to the protected classes;
(ii) acts or jokes that are hostile or demeaning with regard to the protected classes;
(iii) threatening, intimidating or hostile acts that relate to the protected classes;
(iv) displays of written or graphic material that demean, ridicule or show hostility toward an individual or group because of membership in a protected class, including material circulated or displayed in the workplace, including District Offices, such as on an employee's desk or workspace, or on House equipment or bulletin boards, including but not limited to House-issued computers, laptops and personal device assistants;
(v) verbal or non-verbal innuendo, and micro-aggressions; and
(vi) other conduct that falls within the definition of discriminatory harassment set forth above.
(2) Sexual harassment includes, but is not limited to, the following conduct:
(i) gender-based bullying, including bullying based on transgender or non-gender binary status;
(ii) attempts to coerce an unwilling person into a sexual relationship;
(iii) repeatedly subjecting a person to unwelcome sexual or romantic attention;
(iv) punishing a person's refusal to comply with a request for sexual conduct; and
(v) conditioning a benefit on submitting to sexual advances.
(3) Conduct that, if unwelcome, and depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness, may constitute sexual harassment includes, but is not limited to, the following:
(i) unwelcome sexual advances, flirtations or propositions, whether they involve physical touching or not;
(ii) sexual "kidding," epithets, jokes, written or oral references to sexual conduct;
(iii) gossip regarding one's sex life;
(iv) comment on a person's body or an individual's sexual activity, deficiencies, or prowess;
(v) displaying sexually suggestive objects, pictures, posters or cartoons;
(vi) unwelcome leering or staring at a person;
(vii) sexual gestures and suggestive or insulting sounds, such as whistling or comments with sexual content or meaning;
(viii) uninvited physical contact, such as touching, hugging, purposely brushing against the body, patting or pinching;
(ix) indecent exposure;
(x) inquiries into one's sexual experiences;
(xi) discussion of one's sexual activities;
(xii) sexual emails; and
(xiii) sexting, or sexual messages or images posted on social media, for example, texts, instant messages, Facebook posts, tweets, Snapchat, Instagram or blog entries.
(d) No member, officer or employee of the House shall retaliate, including against a member, officer, intern, or employee of the House who has complained about harassment or participated in an investigation into an allegation of harassment or retaliation. Any person who believes that they may have been the subject of retaliation for having complained of harassment or retaliation, or for having participated in an investigation related to an allegation of harassment or retaliation, is strongly encouraged to report that information to an authorized party.
[Added Mar. 15, 2018; Jan. 30, 2019.]
89. (a) The House shall employ a full-time Equal Employment Opportunity Officer. The committee on Rules shall appoint a qualified person with expertise in harassment prevention, conduct of investigations, and identifying barriers to equal employment opportunity to act as the EEO Officer at such compensation as the committee on Rules shall approve.
The EEO Officer shall serve a term of two years from the date of appointment, unless the EEO Officer sooner resigns, retires or is removed; provided, however, that the EEO Officer may only be removed: (i) for misfeasance, malfeasance or nonfeasance, as determined by agreement of Counsel and the Director, and approved by a majority vote of the committee on Rules; or (ii) by a majority roll call vote of the House.
The EEO Officer may employ such assistants as may be necessary in the discharge of the EEO Officer's duties, subject to the approval of the committee on Rules, and may expend with like approval such sums as may be necessary for the discharge of their duties.
(b) The EEO Officer shall receive, review and investigate all complaints alleging a violation of Rule 88, the House Anti-Harassment Policy, or the House Equal Employment Policy, including, but not limited to complaints alleging harassment or retaliation. Complaints shall be received, reviewed and investigated pursuant to Rules 93 to 96, inclusive.
The EEO Officer shall develop and implement written policies and procedures for receiving, investigating, resolving and maintaining records of complaints against members, officers, interns or employees of the House, or against third parties, made in accordance with Rules 93 to 98, inclusive.
(c) (1) The EEO Officer, in conjunction with the committee on Human Resources and Employee Engagement and the Director, shall provide for training of members. Training shall include, without limitation, instruction on: (i) House equal employment policies, including the complaint and investigation process; (ii) workplace harassment specifically, including techniques for bystander intervention and other best practices; (iii) prohibition on retaliation; (iv) best management practices; (v) professionalism and respect; and (vi) practices for monitoring the workplace for issues and identifying risk factors. Each member shall make a signed, written acknowledgement of the member's completion of the training, which shall be retained by the EEO Officer.
(2) The EEO Officer, in conjunction with the committee on Human Resources and Employee Engagement and the Director, shall provide for annual training for all appointed officers and employees. Training shall include, without limitation, instruction on (i) House equal employment policies, including the complaint and investigation process; (ii) workplace harassment specifically, including techniques for bystander intervention and other best practices; (iii) prohibition on retaliation; and (iv) professionalism and respect.
Separate trainings shall be held for those appointed officers and employees who are supervisors and those appointed officers and employees who are not supervisors. The content of the training shall be tailored appropriately to the recipients. Supervisors shall be specifically trained on best management practices.
Each appointed officer and employee shall make a signed, written acknowledgement of their completion of the training, which shall be retained by the EEO Officer, who shall provide a copy to the Director to be maintained in their personnel file.
(3) The EEO Officer shall provide for appropriate additional training to members, officers or employees at any time that the EEO Officer deems necessary or appropriate, including upon the request of a member, officer or employee.
(4) The EEO Officer, in conjunction with the Director, shall provide for training for interns during the intern orientation process. The training shall include without limitation, instruction on: (i) House equal employment policies, including the complaint and investigation process; (ii) workplace harassment specifically, including techniques for bystander intervention and other best practices; (iii) prohibition on retaliation; and (iv) professionalism and respect. Each intern shall make a signed, written acknowledgement of the intern's completion of the training, which shall be retained by the EEO Officer, who shall provide a copy to the Director to be maintained in the Director's records.
(d) The EEO Officer shall develop practices and procedures for auditing House offices, including random audits, to ensure the maintenance of best practices. Audits may include interviews and in-office observation. All members, officers, interns and employees shall comply with a request from the EEO Officer to conduct an audit. [Adopted Mar. 15, 2018.]
90. (a) The House shall employ a full-time Director of Human Resources. The committee on Rules shall appoint a qualified person to act as the Director at such compensation as the committee on Rules shall approve.
The Director shall serve a term of two years from the date of appointment, unless the Director sooner resigns, retires or is removed; provided, however, that the Director may only be removed: (i) for misfeasance, malfeasance or nonfeasance, as determined by agreement of the EEO Officer and Counsel and approved by a majority vote of the committee on Rules; or (ii) by a majority roll call vote of the House.
(b) The Director may employ such assistants as may be necessary in the discharge of the Director's duties, subject to the approval of the committee on Rules, and may expend with like approval such sums as may be necessary for the discharge of their duties.
(c) The Director shall develop and oversee standardized practices and procedures, which shall apply to all applications for employment. The practices and procedures shall include, but shall not be limited to: (i) a standard application for employment; (ii) mandatory background and reference checks, the results of which shall be reported by the Director to the applicant's prospective appointing authority; and (iii) a standard offer letter for each position within the House.
(d) The Director shall develop and oversee standardized practices and procedures, which shall apply to all employees and appointed officers of the House. These practices and procedures shall include or address, without limitation: (i) regular meetings between the Director, the EEO Officer and employees who are supervisors, including an initial meeting within 14 days of the employee assuming such a role; (ii) guidelines for conducting employee performance reviews; (iii) a program of progressive discipline; and (iv) separations from employment including exit interviews for terminated employees.
(e) The Director shall develop employee classifications, which shall include written job descriptions, salary ranges and schedules. The classifications shall be published in the employee and supervisor handbooks. The Director may develop a seniority system on which employee salaries may be based. A seniority system shall be published in the employee handbook.
(f) The Director shall develop practices and procedures for receiving, investigating and resolving personnel complaints unrelated to Rule 88, the House Anti-Harassment Policy, or the House Equal Employment Policy.
(g) The Director shall annually publish: (i) an Employee Handbook; and (ii) an Intern Handbook. Each handbook shall be developed with the advice and approval of the EEO Officer and Counsel, and shall be submitted to the committee on Human Resources and Employee Engagement for review and approval at least 14 days prior to publication.
The handbooks shall be available as follows:
(i) the Director shall post both handbooks on the human resources web portal;
(ii) the Director shall email an electronic copy of the Employee Handbook to each employee within 10 days of its publication and require that each employee sign a written acknowledgement of receipt and return such acknowledgement to the Director within 5 days;
(iii) the Director shall email an electronic copy of the Employee Handbook to each new employee within 5 days of the employee's start date and require that the employee sign a written acknowledgement of receipt and return such acknowledgement to the Director within 5 days;
(iv) the committee on Human Resources and Employee Engagement shall provide an Intern Handbook to each intern on the first day of their internship. Upon receipt of the Intern Handbook the intern shall sign a written acknowledgement of receipt that day, which shall be maintained by the committee, with a copy sent to the Director;
(vi) hard copies of each handbook shall be available in the offices of the Director, the EEO Officer, Counsel and the Clerk;
(vi) the Director shall cause electronic copies of each handbook to be downloaded onto the desktop of each House computer; and
(vii) in formats accessible to all members, officers and employees.
(h) (1) The Committee on Human Resources and Employee Engagement, in consultation with the Director, shall develop policies to address individuals who provide services to the House in a volunteer capacity or otherwise without receiving compensation
(2) The Committee on Human Resources and Employee Engagement, in consultation with the Director and subject to the approval of Counsel, shall develop policies pro-bono service and charitable and community service activities by members, officers and employees of the House.
[Added Mar. 15. 2018; Amended Jan. 30, 2019.]
91. The Director shall, in consultation with the EEO Officer, create and maintain an internal web portal for members, officers and employees. The web portal shall provide relevant information on human resource policies and procedures, including, without limitation, the Rules of the House, each handbook published by the Director, explanations of complaint and investigation procedures, contact information for the Director, the EEO Officer and Counsel, training opportunities and schedules and the directory of committee staff required pursuant to Rule 92.
[Added Mar. 15, 2018.]
92. (a) The House shall employ a full-time Director of Employee Engagement. The committee on Human Resources and Employee Engagement shall appoint a qualified person to act as the Director of Employee Engagement at such compensation as the committee on Human Resources and Employee Engagement shall approve.
(b) The Director of Employee Engagement shall, in consultation with the Director of Human Resources: (i) develop methods for enhancing the skills and professional development of employees including skills for providing constituent services and engaging with, and ensuring the privacy of, members of the public who visit the State House; (ii) explore and develop partnerships with national trade organizations to maximize the opportunities for professional development available to employees; and (iv) engage employees in roundtable discussions on issues of importance or concern.
(c) The Director of Employee Engagement shall assist the committee on Human Resources and Employee Engagement with duties as may be assigned by the committee or the Director of Human Resources.
(d) The Director of Employee Engagement shall prepare and publish on the house intranet a directory of committee staff.
[Added Mar. 15, 2018.]
93. (a) (1) A member who believes that they have been the object of harassment or retaliation, who witnesses harassment or retaliation, or who becomes aware of harassment or retaliation may make a complaint, either orally or in writing with the EEO Officer, Counsel, or the Director. Upon receipt of a complaint pursuant to this subsection, a recipient other than the EEO Officer shall forthwith provide a detailed account of the complaint to the EEO Officer for assessment pursuant to Rule 94.
(2) An appointed officer, employee or intern of the House who believes that they have been the object of harassment or retaliation, who witnesses harassment or retaliation, or who becomes aware of harassment or retaliation may make a complaint, either orally or in writing, to any of the officer's, employee's or intern's supervisors, the Director, the EEO Officer or Counsel. Upon receipt of a complaint pursuant to this subsection, a recipient other than the EEO Officer shall forthwith provide a detailed account of the complaint to the EEO Officer for assessment pursuant to Rule 94.
(3) A third party who believes that they have been the object of harassment, or who witnesses harassment or retaliation may make a complaint, either orally or in writing, with the EEO Officer. Upon receipt of a complaint pursuant to this subsection, the EEO Officer shall assess the complaint pursuant to Rule 94.
(b) The EEO Officer shall provide guidance for authorized parties who may receive complaints under subsection (a), both in the form of the training referenced in Rule 89 and otherwise. The guidance shall instruct authorized parties on the proper way to receive complaints and to advise complainants on issues including, but not limited to, confidentiality, prohibition on retaliation and the availability of additional resources and avenues for action for the complainant, including possible criminal action where appropriate.
(c) If a complaint, made pursuant to subsection (a), is against the EEO Officer or an employee appointed by the EEO Officer, the recipient of the complaint shall notify Counsel, who shall, in consultation with the Director, investigate the complaint pursuant to Rules 94 to 96, inclusive.
(d) If, based on the nature and circumstances of the complaint, the EEO Officer believes that they cannot objectively assess or investigate a complaint made pursuant to subsection (a) the EEO Officer shall refer the matter to Counsel who shall assume responsibility for the assessment or investigation or refer the complaint to outside counsel for investigation. The EEO Officer shall consult with Counsel to establish guidelines used to identify matters that should be referred to Counsel or outside counsel pursuant to this subsection.
[Added Mar. 15, 2018; Amended Jan. 30, 2019.]
94. (a)(1) All complaints alleging harassment or retaliation by or against a member, officer, intern or employee of the House, or by or against a third party, received by any member, officer or employee of the House, shall be immediately referred to the EEO Officer for assessment.
(2) Upon receiving a complaint alleging harassment or retaliation by or against a member, officer or employee of the House, or by or against a third party, the EEO Officer shall promptly undertake an assessment to determine whether the complaint is plausible and requires investigation. Such assessment shall be completed within two weeks from the date of receiving a complaint.
Upon a determination by the EEO Officer that a complaint is plausible and requires investigation, the EEO Officer shall commence an investigation of the complaint.
Upon a determination by the EEO Officer that a complaint is not plausible and does not require investigation, the EEO Officer shall submit a report to Counsel and the Director describing the complaint and the EEO Officer's basis for determining that the complaint lacked plausibility and did not require investigation. If either Counsel or the Director objects to the EEO Officer's determination, the EEO Officer shall commence an investigation of the complaint.
(b) The EEO Officer shall assess complaints and conduct investigations pursuant to written policies and procedures, which shall be established by the EEO Officer pursuant to Rule 98 and published on the human resources web portal. The policies and procedures shall ensure that all assessments, investigations and reports are confidential to the fullest extent practicable under the circumstances and shall include, without limitation, the following: trauma-informed techniques; mechanisms for investigating complaints made by witnesses or third parties; standards for collecting and maintaining evidence; consideration of interim measures; and methods to tailor each investigation to the specific needs of the complainant and particular circumstances of the complaint.
(c) The EEO Officer shall complete investigations within 90 days; provided, that the EEO Officer may extend the investigation in extraordinary circumstances. The EEO Officer shall regularly, but no less frequently than every 2 weeks, update the complainant on the status of the investigation. If the EEO Officer believes that interim measures are warranted to protect complainants during the investigation, then the EEO shall recommend such measures to the appropriate supervisory individual or body.
(d) Upon the conclusion of an investigation, the EEO Officer shall prepare a report summarizing the complaint, the EEO Officer's investigation, findings and recommendations, if any, for disciplinary, remedial or preventative action, or any combination thereof.
[Added Mar. 15, 2018.]
95. (a) (1) If after completion of an investigation pursuant to Rule 94, the EEO Officer determines that a member has violated Rule 88, the EEO Officer shall recommend disciplinary, remedial or preventative action, or any combination thereof, as is appropriate and proportional under the circumstances, subject to the limitations set forth in paragraphs (2) and (3).
(2) Where the EEO Officer's action recommended pursuant to paragraph (1) does not include reprimand, censure, removal from position as a chair or other position of authority, or expulsion, prior to imposing such action the EEO Officer shall notify the member of the action and provide the member with a copy of the EEO Officer's report. The member may, within 10 days of receiving notice, request in writing that the Speaker and Minority Leader appoint a special committee pursuant to Rule 96 to review the findings and recommendations of the EEO Officer. Upon receipt of said request, the Speaker and Minority Leader shall convene a special committee pursuant to Rule 96.
If the member fails to request the appointment of a special committee pursuant to Rule 96 within 10 days, the EEO Officer shall implement the recommended action.
(3) If the action recommended pursuant to subsection (a) includes reprimand, censure, removal from position as a chair or other position of authority, or expulsion, the EEO Officer shall request that the Speaker and Minority Leader convene a special committee pursuant to Rule 96 to review the findings and recommendations of the EEO Officer. Upon receipt of said request from the EEO Officer, the Speaker and Minority Leader shall appoint a special committee pursuant to Rule 96.
(4) Upon the request for a special committee made by the EEO Officer or a member pursuant to this subsection, the EEO Officer shall provide the Speaker and Minority Leader with a copy of the EEO Officer's report.
(b) (1) If after completion of an investigation pursuant to Rule 94 the EEO Officer concludes that an appointed officer, intern or employee has violated Rule 88, the EEO Officer shall notify the appointing authority for the appointed officer, intern or employee and recommend and implement remedial, preventative or disciplinary action, or any combination thereof, as is appropriate and proportional under the circumstances, subject to the limitations set forth in paragraph (2). Notwithstanding Rule 97, the appointing authority may inform any other supervisors of the appointed officer, intern or employee of the remedial, preventative or disciplinary action if the appointing authority believes that sharing such information is necessary for maintaining proper supervision of the appointed officer, intern or employee.
(2) If after completion of an investigation pursuant to Rule 94 the EEO Officer concludes that an appointed officer, intern or employee has violated Rule 88 and the EEO Officer's action recommended pursuant to paragraph (1) includes termination of employment or internship, the EEO Officer shall forward the recommendation, with all supporting documentation, to Counsel for review and approval. Counsel shall have two business days to review the EEO Officer's recommendation. If Counsel approves the recommendation, Counsel shall notify the EEO Officer and the Director and the Director shall immediately terminate the individual's employment or internship. If Counsel rejects the EEO Officer's recommendation, he shall notify the EEO Officer and the Speaker and the Speaker shall determine the action to be implemented.
[Added Mar. 15, 2018.]
96. (a) Upon receipt of a request pursuant to Rule 95, the Speaker and Minority Leader shall confidentially convene a Special Committee on Professional Conduct, which shall consist of 7 members, 5 of whom shall be appointed by the Speaker and 2 of whom shall be appointed by the Minority Leader. To the extent practicable, membership on the special committee shall be apportioned in a way that takes into account the nature of the complaint and the commitment of the House to providing fair and equal opportunity in employment. The Speaker shall appoint a member to serve as chair. No member who has declared their candidacy for any other local, state or federal office shall be appointed to a special committee. Upon appointment of members to the committee, the Speaker and Minority Leader shall notify the EEO Officer and the member who is the subject of the complaint of the identity of the members appointed. The existence of the committee and the identity of the members appointed to the committee shall otherwise remain confidential.
(b) The EEO Officer shall provide the members of the special committee with all records relevant to the investigation. The special committee shall review all records and may further investigate, to the extent that it is necessary to resolve the complaint. The special committee may summon witnesses, administer oaths, take testimony and compel the production of books, papers, documents and other evidence in connection with its review.
(c) In the case of a special committee convened under this section upon the request for a review by a member pursuant to paragraph (2) of subsection (a) of Rule 95, the committee shall determine whether the EEO Officer's intended action is proportional and appropriate under the circumstances. If a majority of the committee so finds, it shall order that the action recommended by EEO Officer be implemented, along with any additional disciplinary, remedial or preventative action, or any combination thereof, the committee determines to be proportional and appropriate under the circumstances, subject to the limitations set forth in subsection (d). If a majority of the committee finds that the intended action was not proportional or appropriate under the circumstances, it may make a new recommendation for disciplinary, remedial or preventative action, or any combination thereof, subject to the limitations set forth in said subsection (d). All determinations of the committee pursuant to this subsection shall be final.
(d) (1) If a majority of the committee finds that a member has violated Rule 88, it may take any disciplinary, remedial or preventative action, or any combination thereof, as it determines to be proportional and appropriate under the circumstances; provided, however, that if the committee determines that reprimand, censure, removal from position as a chair or other position of authority, or expulsion is proportional and appropriate under the circumstances, it shall file a report with the Clerk recommending that the House vote to implement the disciplinary action.
(2) Upon the filing of a report pursuant to paragraph (1), the Clerk shall promptly: (i) make the report available to all members electronically; (ii) cause the report to be posted on the website of the General Court; and (iii) place the matter in first position in the Orders of the Day for the next calendar day that the House is meeting; provided, however, that no business shall be conducted on that calendar day or any day thereafter until the question of acceptance or rejection of the special committee's recommendation for discipline is decided by a majority of the members voting and present by a recorded roll call vote. If a majority of the members vote to accept the recommendation for discipline, the member shall be disciplined in the manner so recommended. Unless a majority of the members vote to accept the report, the member shall not be disciplined.
(3) All findings and determinations of the committee, including instances where the special committee does not file a report with the Clerk pursuant to paragraph (1), shall be reported to the EEO Officer and shall be final. The EEO Officer shall maintain confidential records of such findings and determinations, except that a report filed pursuant to paragraph (1) shall be public. (e) The committee may consult with Counsel, the EEO Officer or the Director in discharging its duties pursuant to Rules 88 to 97, inclusive.
[Added Mar. 15, 2018; Amended Jan. 30, 2019.]
97. (a) Any information obtained by a member or employee in their official capacity and relating to a complaint or investigation of harassment pursuant to Rules 93 to 96, inclusive, and any records of such information shall be confidential to the fullest extent possible. Confidentiality shall be specifically subject to subsections (b), (c), (d) and (e).
(b) (1) The EEO Officer, in reviewing a complaint and conducting an investigation, shall keep the complaint confidential and shall not disclose the identity of the complainant or the person against whom the complaint is made or any other details of the complaint with any member or employee; provided, however, that the EEO Officer may share information to the extent necessary to interview witnesses or parties to the investigation or to consult with Counsel if the EEO Officer determines that such consultation is required in connection with the investigation.
(2) In the case of a complaint against a staff person, the EEO Officer shall maintain confidentiality throughout their investigation and implement all remedial actions and discipline short of termination confidentially, without sharing the identity of the complainant or the person against whom the complaint is made or any other details of the complaint with any member or employee; provided, however, that the EEO Officer may share information to the extent necessary to implement any remedial actions or discipline or to consult with Counsel if the EEO Officer determines that such consultation is required in connection with the investigation. This paragraph shall not limit the EEO Officer's ability to transmit the resolution of a complaint, including any discipline resulting therefrom, to the Director for inclusion in the employee's personnel file.
(3) In the case of a complaint against a staff person, where the EEO Officer recommends termination, the EEO Officer shall share information with Counsel for review. If Counsel and the EEO Officer disagree as to whether termination is the appropriate discipline, confidentiality shall only be expanded to the extent needed to inform the Office of the Speaker and reach a resolution.
(4) In the case of a complaint against a member, the EEO officer shall maintain confidentiality throughout their investigation by: (i) not disclosing information to any member or employee who is not a witness or party to the investigation, except to consult with Counsel if the EEO Officer determines that such consultation is required in connection with the investigation; and (ii) confidentially recommending all remedial actions short of reprimand, censure, removal from position as a chair or other position of authority, or expulsion of a member. This paragraph shall not limit the EEO Officer's ability to: (i) share their report with the Office of the Speaker and the Minority Leader upon the request for a special committee pursuant to Rule 95; and (ii) share any records relevant to the investigation with the special committee convened pursuant to Rule 96; provided, that when sharing their report with the Office of the Speaker and the Minority Leader, the EEO Officer may use pseudonyms, redaction and other methods the EEO Officer considers appropriate to address the needs of a complainant or the circumstances of a complaint.
(c) (1) The establishment of a special committee pursuant to Rule 96 shall be completely confidential, except that the Speaker and Minority Leader shall disclose the names of their respective appointments to the EEO Officer. The EEO Officer shall maintain a confidential record of the membership of each special committee that is convened.
(2) All proceedings of a special committee convened pursuant to Rule 96 shall be confidential and members of the committee shall not share any information about the complaint and investigation for which the committee was convened with any other member or employee, including their own appointed staff; provided, however, that the committee may consult with Counsel if the chair of the committee determines that such consultation is required in connection with the investigation.
(3) A special committee convened pursuant to Rule 96 shall implement all actions short of reprimand, censure, removal from position as a chair or other position of authority, or expulsion of a member confidentially, except that the special committee shall submit a final report to the EEO Officer and may consult with Counsel if the chair of the committee determines that such consultation is required in connection with their recommended action. The committee's recommendation, if any, for reprimand, censure, removal from position as a chair or other position of authority, or expulsion of a member, shall be a public document; provided, however, that the committee may use pseudonyms to conceal the identity of the complainant if the circumstances of the complaint so warrant.
(d) All authorized parties shall keep complaints confidential, except to share the complaint with the EEO Officer.
(e) Nothing in this Rule shall limit the ability of the EEO Officer to share information with a complainant, to the extent appropriate, in order to properly conclude the complaint or investigation process.
[Added Mar. 15, 2018; Amended Jan. 30, 2019.]
98. The EEO Officer and the Director shall establish all policies, procedures and guidelines required by Rules 88 to 97, inclusive, and may develop supplemental policies, procedures and guidelines necessary to implement or enforce Rules 88 to 97, inclusive; provided, that no policy, procedure or guideline shall take effect without the prior review and written approval of Counsel and the committee on Human Resources and Employee Engagement. Where appropriate, these policies, procedures and guidelines shall be included in the handbooks.
The EEO Officer and the Director may consult with each other, Counsel, and the committee on Human Resources and Employee Engagement to carry out the requirements of Rules 88 to 97, inclusive.
[Added Mar. 15, 2018.]
99. In the event of a vacancy in the office of EEO Officer appointed pursuant to Rule 89, Counsel may, notwithstanding House Rule 87 and utilizing sound business practices, procure the services of an Equal Employment Opportunity Officer, hereinafter the Contract EEO Officer, to perform the duties of the EEO Officer established in Rules 88 to 100, inclusive, during said vacancy as required.
Notwithstanding Rules 88 to 100, inclusive, all complaints alleging a violation of Rule 88, the House Policy Prohibiting Discrimination, Harassment and Retaliation, or the House Equal Employment Policy, including, but not limited to complaints alleging harassment or retaliation shall be referred to the Contract EEO Officer for review and, if necessary, investigation pursuant to Rules 88 through 100.
Counsel shall consult with the Chair of the House Committee on Rules prior to executing a contract for services pursuant to this Rule.
[Added March 15, 2018.]
100. (a) No member, officer or employee shall execute any agreement to settle any legal claim or potential legal claim by any current or former member, officer or employee unless said agreement is executed pursuant to this rule.
(b) No member, officer or employee shall execute any agreement to settle any legal claim or potential legal claim brought by any current or former member, officer or employee without the approval of Counsel, the Director and the EEO Officer. Counsel, the Director and the EEO Officer shall each independently review the claim or potential legal claim brought by any current or former member, officer or employee and confirm that the claim or potential claim does not relate to sexual harassment or retaliation based on a claim of sexual harassment. Counsel, the Director and the EEO Officer shall not approve any settlement of a legal claim or potential legal claim brought by any current or former member, officer or employee pursuant to this subsection if Counsel, the Director or the EEO Officer reasonably believes such legal claim or potential legal claim relates to sexual harassment or retaliation based on a claim of sexual harassment.
(c) No member, officer or employee shall execute any agreement to settle any legal claim or potential legal claim of sexual harassment, or retaliation based on a legal claim or potential legal claim of sexual harassment, by any current or former member, officer or employee unless said agreement is executed pursuant to this subsection.
No member, officer or employee shall execute any agreement to settle a legal claim or potential legal claim of sexual harassment, or retaliation based on a legal claim or potential legal claim of sexual harassment, by any current or former member, officer or employee unless:
1. the request to negotiate said agreement was initiated, in writing, by the person filing or eligible to file the legal claim or potential legal claim or a person legally authorized to represent that person;
2. the person filing the legal claim or eligible to file the legal claim is given 15 days to review and consider the agreement;
3. the duration of any non-disclosure or non-disparagement provision of the agreement to settle the legal claim or potential legal claim is for a finite period of time as agreed to by the parties;
4. the agreement to settle the legal claim or potential legal claim specifically provides that no provision of the agreement, including any non-disclosure or non-disparagement provision of the agreement, shall preclude any party from participating in an investigation by Counsel, the Director, the EEO Officer, a Committee on Professional Conduct or any law enforcement agency; and
5. the agreement is approved in writing by Counsel, the Director and the EEO Officer.
(d) In the case of an agreement to settle any legal claim or potential legal claim of sexual harassment pursuant to this Rule by a member, the Speaker and Minority Leader shall appoint a Special Committee on Professional Conduct pursuant to Rule 96 to determine if the member shall be required to personally reimburse the House for all or part of the settlement amount. Upon a determination by the Special Committee that the member shall be required to personally reimburse the House for all or part of the settlement amount, it shall determine the amount to be reimbursed and immediately notify the member of that amount
(e) Upon request of the party described in paragraph numbered 1 above or the complainant, Counsel shall waive any non-disclosure or non-disparagement provision of any agreement executed prior to the effective date of this Rule by the House and any current or former member, officer or employee, to allow said current or former member, officer or employee to report or discuss a claim of sexual harassment or retaliation based on sexual harassment.
[Added Mar. 15, 2018; Amended Jan. 30, 2019.]
101. Notwithstanding Rule 7C, the Speaker may, upon recommendation of a majority of the committee on Rules, activate remote rules for the operation of the House of Representatives:
Remote Rules for the Operation of the House of Representatives
Remote Rule 1. As used in Remote Rules 1 through 16, inclusive, the following terms shall have the following meanings:-
“Clerk”, the Clerk of the House of Representatives.
“Formal session”, a formal session of the House.
“House”, the House of Representatives.
“House Chamber”, the House Chamber within the Massachusetts State House in Boston or the location to which the House at its previous formal or informal session adjourned to meet.
“Member”, a member of the House of Representatives.
“Monitor”, one of the members appointed by the Speaker pursuant to Standing Rule 8.
“Participating remotely” or “remotely present”, participating by telephone, teleconference, video conference or other means.
“Present”, a member either physically present in the House Chamber for a formal session or remotely present, and participating in a formal session.
“Quorum”, eighty-one members present for a formal session.
“Speaker”, the Speaker of the House or the member presiding at the formal session of the House after being appointed by the Speaker to perform the duties of the Chair pursuant to Standing Rule 5.
“Standing rules”, House Rules 1 through 100, inclusive.
Remote Rule 2. (a)(1) , The House may assemble in a formal session with members participating remotely. Members participating remotely in a formal session may vote on any question or other matter before the House. Members participating remotely in a formal session shall be considered present and in attendance at the formal session for all purposes, including for purposes of determining a quorum pursuant to Article XXXIII of the Amendments to the Constitution of the Commonwealth or any standing rules and for purposes of appearing before the Governor and council pursuant to Part the Second, Chapter VI, Article I of the Constitution of the Commonwealth.
(2) A member participating remotely in a formal session shall have the same privileges, rights and responsibilities as if the member were physically present in the House Chamber, including without limitation, the right, privilege and responsibility to cast votes on all questions or other matters brought to a vote and the ability to the take the oath required pursuant to Part the Second, Chapter VI, Article I of the Constitution of the Commonwealth
(3) At the commencement of a formal session, the Speaker shall take the Chair at the hour to which the House stands adjourned, call the House to order and immediately order a quorum roll call.
(3) (i) The House shall not be called to order before the hour of 10:00 A.M. nor meet beyond the hour of midnight unless by unanimous consent of the members present.
(ii) All votes taken on the enactment of any bill or resolve during any formal session where members are participating remotely shall be by roll call vote.
(5) The Clerk shall prepare a Journal for the House for any formal session of the House held remotely. The Journal for the House may reflect that the formal session was convened pursuant to remote rules, but shall not deviate in any substantive manner from the Journal of the House required to be prepared by the Clerk pursuant to Standing Rule 10. The Journal of the House for any formal session of the House held during the state of emergency within the House shall not specify which members participated remotely.
(b)(1) The Speaker shall preside from within the House Chamber over any formal session of the House where any member is participating remotely. The Minority Leader, Chair of the committee on Ways and Means, Ranking Minority Member of the committee on Ways and Means, the House Chair and Ranking Minority Member of the joint committee from which any bill being debated at the formal session has been reported, or their designees, and the division monitors may also be physically present. All other members are strongly encouraged to participate remotely in a formal session.
(2) Officers and employees essential to the conduct of the formal session may be present in the House Chamber during a formal session with the express authorization of the Speaker in consultation with the Minority Leader. The Speaker and Minority Leader may have one employee from their office present in the House Chamber during a formal session. No other officer or employee shall be physically present in the House Chamber unless deemed essential to the conduct of the formal session by the Speaker.
(3) All members, officers and employees physically present in the House Chamber during a formal session shall, at the direction of the Speaker, undertake any mitigation measures ordered by the Speaker. Court Officers shall strictly enforce mitigation measures directed by the Speaker by and between members, officers and employees in and around the House Chamber. Any member, officer or employee in violation of the mitigation measures ordered by the Speaker shall be removed from the House Chamber.
Remote Rule 3. (a) A member participating remotely may make any motion authorized pursuant to the standing rules, raise a point of order, raise a point of personal privilege, or raise a point of parliamentary inquiry. Members participating remotely shall notify their division monitor of their desire to make a motion, raise a point of order, raise a point of personal privilege or raise a point of parliamentary inquiry. The division monitor shall immediately notify the Speaker who shall recognize the member seeking to make a motion, raise a point of order, raise a point of personal privilege or raise a point of parliamentary inquiry. No member shall interrupt another member while that member is speaking, including to request that the member speaking yield, except for the reasons authorized herein.
(b) A vote on any motion made pursuant to subsection (a) shall be conducted by voice vote as prescribed by subsection (b) of Remote Rule 5, unless the Constitution or the standing rules specifically require a roll call vote.
(c) A motion made by a member participating remotely may be made and submitted by the division monitor for the floor division of the House wherein the seat assigned to said member pursuant to Standing Rule 79 is located.
Remote Rule 4. (a) A member participating remotely wishing to speak on any question before the House shall notify the monitor for the floor division of the House wherein the seat assigned to said member pursuant to Standing Rule 79 is located as follows:
(i) A member wishing to speak on a bill, resolve or the General Appropriation Bill, or an amendment thereto, shall notify their floor division monitor no later than 10:00 A.M. on the day that the bill, resolve, General Appropriation Bill, or amendment thereto, is scheduled to be considered by the House. Said notification shall include: (1) the number of the bill, resolve General Appropriation Bill, or amendment thereto, that the member wishes to speak to; and (2) whether the member wishes to speak in favor of or in opposition to the bill, resolve, General Appropriation Bill, or amendment thereto.
(ii) A member wishing to speak on a consolidated amendment shall notify their floor division monitor no later than 45 minutes after the consolidated amendment shall have been first filed with the Clerk and made available electronically to the members. Said notification shall include: (1) the number or letter of the consolidated amendment the member wishes to speak to; and (2) whether the member wishes to speak in favor of or in opposition to the consolidated amendment.
(iii) A member wishing to speak on a conference committee report filed pursuant to Joint Rule 11B shall notify their floor division monitor no later than 10:00 A.M. on the day the conference committee report is scheduled to be considered by the House. Said notification shall include: (1) the bill number of the conference committee report; and (2) whether the member wishes to speak in favor of, or in opposition to the report. The provisions of this paragraph shall be inoperative if the conference committee report is filed later than 8:00 P.M. on the day preceding its consideration by the House.
(b) The monitor for each division shall prepare a list of members of their division notifying the monitor of said member’s desire to speak in favor of a question before the House and a list of members of their division notifying the monitor of said member’s desire to speak in opposition to a question before the House. Each list shall be arranged in order of the time the monitor received the notification with the notification received the earliest being first.
(c) Upon completion of the lists required pursuant to subsection (b), the monitors for each division shall transmit the lists to the Speaker and the Minority Leader. The Speaker shall combine the lists received from each of the division monitors and, in consultation with the Minority Leader, shall prepare a consolidated list of members notifying their monitor of the member’s desire to speak in favor of a question before the House and a consolidated list of members of their division notifying the monitor of said member’s desire to speak in opposition to a question before the House.
(d) The Speaker shall distribute the lists compiled pursuant to subsection (c) to all members electronically prior to the commencement of the formal session. The Speaker shall distribute the list compiled pursuant to subsection (a)(ii) as soon as practicable upon completion.
(e) The consolidated lists prepared by the Speaker pursuant to subsection (c) and distributed to the membership pursuant to subsection (d) shall be the order in which members are recognized during the debate of the respective question. In recognizing members from said lists, the Speaker shall, to the extent practicable, alternate between members wishing to speak in favor of the question and members wishing to speak in opposition to the question.
(f) A member participating remotely may, in lieu of speaking on a bill, resolve, amendment, consolidated amendment or a conference committee report, submit written remarks in favor of, or in opposition to, any bill, resolve, amendment, consolidated amendment or conference committee report to the Clerk before the adjournment of the formal session in which said bill, resolve, amendment, consolidated amendment or conference committee report was considered by the House. Said remarks shall be transmitted to the Clerk electronically in a format prescribed by the Clerk. The Clerk shall include any remarks submitted by a member participating remotely pursuant to this section in the Journal of the House required to be kept by the Clerk pursuant to Standing Rule 10 and Remote Rule 2.
Remote Rule 5. (a) Notwithstanding Standing Rules 50 through 52, inclusive, during a formal session where members are participating remotely a vote on any question shall be by either a voice vote of the members present and voting pursuant to subsection (b) or a roll call vote of the members present and voting pursuant to subsection (c). Any question that would require a standing vote under the Standing Rules shall be decided by a voice vote of the members present and voting pursuant to subsection (b).
(b) When a question is put, the sense of the House shall be taken by the voices of the members, and the Speaker shall first announce the vote as it appears to the Speaker by the sound. If the Speaker is unable to decide by the sound of the voices, or if the announcement made thereupon is doubted by a member, the Speaker shall order the division monitors to ascertain the number of members within in their division voting in the affirmative and the number of members within in their division voting in the negative, without further debate upon the question. The division monitors shall report the total vote of their division count to the Speaker. After receiving the reports of the total vote counts from each of the division monitors, the Speaker shall tally said votes and then announce the vote.
(c) The sense of the House shall be taken by yeas and nays whenever required by 10 percent of the members elected or when required pursuant to the Constitution of the Commonwealth. The Speaker shall state the pending question and shall order the division monitors to commence the roll call of the members. The division monitors shall call the roll of the members assigned to said division in alphabetical order. The division monitors shall record the votes of each member on a form prescribed by the Clerk. Upon completion of the roll call, the division monitors shall sign the form upon which the roll call for their division was recorded and submit the completed form to the Clerk. The Clerk shall tally the votes of the members of each division and shall enter the votes into the electronic roll call machine. Upon completion of the tally and the entry of the votes into the electronic roll call machine, the Clerk shall notify the Speaker that the vote has been completed. Upon instruction from the Speaker, the Clerk shall display the tally of the vote on the 2 monitors in the House Chamber. The Speaker shall then announce the vote.
(d) If a member doubts the presence of a quorum, the Speaker shall order the division monitors to ascertain the number of members within in their divisions who are present. Any member confirmed by the division monitor to be participating remotely shall be considered present. The division monitors shall report the total number of members present to the Speaker. After receiving the reports of the total number of members present from each of the division monitors, the Speaker shall tally the numbers and then announce the number of members present. If, after tallying the numbers from each of the division monitors a quorum is not present, the Speaker shall order a roll call vote pursuant to subsection (c).
(e) The call for yeas and nays shall be decided without debate. If the yeas and nays have been ordered before the question is put, the proceedings under subsection (b) shall be omitted.
(f) Except as heretofore provided, any member who shall vote or attempt to vote for another member or any person not a member who votes or attempts to vote for a member, or any member or other person who willfully tampers with or attempts to impair or destroy in any manner whatsoever the voting equipment used by the House, or change the records thereon shall be punished in such manner as the House determines; and provided further, that such a violation shall be reported to the committee on Ethics.
Remote Rule 6. No consolidated amendment to any bill offered by the committee on Ways and Means shall be considered by the House until the expiration of at least 30 minutes after the consolidated amendment shall have been first filed with the Clerk and made available electronically to the members. This rule shall not be suspended unless by unanimous consent of the members present.
Remote Rule 7. No consolidated amendment to any bill offered by the committee on Ways and Means shall be adopted except by a roll call vote.
Remote Rule 8. Notwithstanding any standing rule to the contrary, with the approval of the Speaker, a member, officer or employee may take photographs and videos of, and in, the House Chamber provided said photographs or videos are to facilitate the remote participation in the formal session by a member.
Remote Rule 9. (a) Notwithstanding any standing rule to the contrary, unless authorized pursuant to subsection (b) or subsection (c), no member participating in a formal session shall be recognized more than once on any question before the House without unanimous consent or on any question before the House for more than 10 minutes without unanimous consent.
(b) The following members may, notwithstanding subsection (a), be recognized more than once on any question before the House: (1) the Minority Leader; (2) the member carrying the report of the committee; (3) and the Ranking Minority Member of the committee reporting the bill.
(c) Notwithstanding subsection (a), after all members have been recognized pursuant to Remote Rule 4, a member who is the primary sponsor of a bill, resolve or an amendment, or a designee of said member, may, in addition to being recognized pursuant to Remote Rule 4, be recognized for purposes of providing rebuttal or further explanation. If a member who is the primary sponsor of a bill, resolve or amendment or their designee is recognized pursuant to this subsection a member from the opposite political party designated by the member carrying the report of the committee or the Ranking Minority Member of the committee reporting the bill may also be recognized in addition to being recognized pursuant to Remote Rule 4. No member shall be recognized pursuant to this subsection for more than 5 minutes without unanimous consent.
Remote Rule 10. Notwithstanding any standing rule to the contrary, any formal session where members are participating remotely shall be webcast live on the General Court website. Audio or video recordings of all such sessions shall be made available to the public on the General Court website. All House sessions conducted by electronic means shall be broadcast on House television.
Remote 11. Notwithstanding any standing rule to the contrary, no technical failure that breaks the remote connection of a member or members of the House of Representatives participating remotely in a formal session shall invalidate any action taken by the House of Representatives.
Remote Rule 12. Notwithstanding Standing Rule 49, members participating remotely may vote in a quorum roll call.
Remote Rule 13. Except as otherwise indicated, Remote Rules 1 through 16, inclusive, shall not be suspended unless by a 2/3 vote of the members present and voting. Debate upon a motion for the suspension of Remote Rules 1 through 16, inclusive, shall be limited to 15 minutes and no member shall speak for more than 3 minutes.
Remote Rule 14. The provisions of any standing or remote rules pertaining to procedures of the House may be suspended and alternative procedures may be used if said alternative methods are approved by a 2/3 majority of the committee on Rules and approved, in writing, by the Speaker and the Minority Leader. The Clerk shall enter any such approvals in the House Journal for the formal session required to be kept by the Clerk pursuant to Standing Rule 10.
Remote Rule 15. Except to the extent that they conflict with Remote Rules 1 through 16, inclusive, the standing rules shall remain in full force and effect.
Remote Rule 16. Remote Rules 1 through 16, inclusive, shall remain activated for no longer than 30 days after being activated by the Speaker; provided, that the House of Representative shall not operate under remote rules beyond 30 days without the adoption of an Order by a majority of the House.
193nd GENERAL COURT (2023-2024 SESSION).
INDEX TO THE HOUSE RULES
[The figures refer to the numbers of the Rules.]
Adjourn, motion to, 55, 64, 65, 82.
Adjournment at hour of midnight, unless by unanimous consent, 1A.
Admission to the floor, 80.
Advance Calendar, 12.
Advertising, Joint Rule 9, 85.
Advisory opinions of the Ethics Committee, 16.
AMENDMENTS:
amendment to amendment, etc., 72.
bill may be moved as, 36.
committee changes, twenty-four hours, 33A.
consolidated, 20A, 33E.
engrossed bill not to be amended, except, 40.
from Senate, sent back for concurrence, 22, 35, 40.
in filling blanks, largest sum, etc., 75.
motions to amend, 65, 72 to 75.
not to be admitted of a different subject, 73.
of rules, 84.
striking out enacting clause, 40.
submission to Clerk, 33A.
to be reduced to writing, 62.
to be referred to committee on Bills in the Third Reading, 22.
to be reported by committee on Bills in the Third Reading, 22.
to General Appropriation Bill, 20A.
when previous question is in order, 66, 67.
when question is divided, 74.
Appeals from the decision of the Speaker, 2, 55, 59, 77.
Appropriation bill, general, available seven days prior to debate, 20.
Appropriation bill, general, procedures for consideration, 20A, 20B.
Appropriation bill, general, time for reporting, 27.
Appropriation bills, explanations, 20B, 21.
Appropriation bills returned by the Governor, 30.
Attire, dress in proper and appropriate for all sessions, 2.
Audio/visual reproduction of
committee meetings, 17A.
House Chamber, 2.
Auditing of House accounts, 85A.
Ballot or acclamation ratification in caucus, 18B.
BILLS:
1. Preliminary.
accompanying petitions, 24.
availability electronically and on Internet, of, 13A, 20B (GAB).
for special legislation, not to be reported if object is attainable by
general or existing laws, 26.
how to be drafted, 31.
how to be introduced, 36.
motions contemplating legislation, etc., to be founded upon petition
or upon bill or resolve, 30.
summaries of to be made available prior to roll call, 33A
to be deposited with Clerk, 24.
to be read by titles only, unless, etc., 37.
2. As reported by committees.
copies, twenty-four hour availability, 17A, 33A.
general rather than special, 26.
restriction or regulation of reports, 17, 17B, 26, 33A, 38.
3. Before the second reading.
from the Senate, or from committees, 7A, 41.
if opposed, question on rejection, etc.; otherwise, second reading,
32, 41.
involving expenditures of public money, referred to committee on
Ways and Means, 33.
referred to committee, etc., 34.
4. Before the third reading.
duties and powers of committee on Bills in the Third Reading, 22,
79(1).
referred to said committee, 22.
placed in Orders of the Day, 43.
5. After the third reading.
not to be engrossed unless read on three several days, 39.
6. After engrossment.
certified by Clerk for final passage, 23.
not to be amended, except, 40.
returned by Governor with recommendations of amendment, 40.
7. Provisions applicable at several stages.
arrangement of matters in Orders of the Day, 12, 46.
consideration of matters in Orders of the Day, 45.
final disposition precludes renewal of subject, 38.
matters not to be discharged from Orders of the Day, 47.
motion to strike out enacting clause, when receivable, 40.
provisions respecting bills also applicable to resolves, 78.
Bills in the Third Reading, committee on, 17, 18A, 22, 28, 28A, 35, 45, 79(1).
floor amendments, 73A.
motion to discharge or report, 28, 55, 64.
time for reporting, 28A.
written explanation of changes, 22.
Blanks, filling of, 75.
Business Manager of the House
financial account audits, 85A.
procurement of goods and services, 87.
Calendar, 12, 13, 28A, 45, 46, 47.
Calendar, dispense with printing of, 12.
Capital outlay bills, 20, 21.
Caucuses and caucus groups, 17C, 18, 18A, 18B, 19, 19A, 19B.
Chairpersons and ranking members, appointment, etc.
nomination and caucus approval, 18, 18A.
removal of if criminally indicted, 18., 18A.
Chaplain, may be appointed by Speaker, 7.
Charitable and community service, 16A, 17C, 90.
Charts, displays, posters and visual aids, regulate use, 2.
CLERK, 7A, 10, 10A, 11, 12, 13A, 14, 16A, 17A, 17C, 20, 23, 24, 28, 30, 33B, 42A, 48, 79(1), 84, 85A, 87A.
amendments, submission to, 33A.
announce members not voting prior to roll calls, 48.
availability of bills, etc., by the, 7D, 10, 12, 17A, 20, 20A, 20B, 21, 24(5), 33A, 37, 42A, 84A, 85A.
cast votes for members due to malfunction of voting station, 49.
certifying bills for final passage, 23.
disable voting station of certain absent members, 48.
keeper of records, 10B.
Legislative web page Internet posting, 13A, 17A, 20B.
Code of Ethics, 16A, 16B.
Commit, motion to, 64, 65, 71.
COMMITTEES:
Audio/visual reproduction of meetings of, 17A.
bill summaries to be made available prior to roll calls, 33A.
chairpersons of, ratification, 18.
conference, minority member, 18A.
duty of committee on Ways and Means, 20, 20A, 21, 27, 28, 30, 33.
hearings and House sessions, scheduling, 7B, 7D, 17.
members of, ratification, 18A.
motions to discharge, etc., 28, 55, 64.
no member to serve where their private right, etc., 16A(14).
office space, 17C.
on Bills in the Third Reading, 17, 18A, 22, 28, 28A, 45, 79(1).
on each Floor Division, 9A, 17.
on Ethics, 16, 16A.
on Rules, 7B, 7C, 7D, 17, 85.
on Steering, Policy and Scheduling, 7A, 7D, 17, 41, 42, 42A.
open meetings, 17A.
ought not to pass reports on bills, question on rejection, 32.
ranking members of, appointment, etc., 18.
records of to be maintained, 17A.
records of to be published in LAWS and on website, 17B.
remote participation in, 17A.
reports, 17B.
reports on local matters, 7A.
staff directory, 91, 92.
staffing, 17C.
standing, to be appointed, 17.
Testimony solicitation, 17A
time for reporting appropriation bill, 27.
to be appointed by Speaker and Minority Leader, 18.
to discharge or direct to report, 7A, 28, 42A, 55, 64.
to make report on all matters, except, 27.
to report adversely in certain cases, 26, 32, 85.
Travel, propositions for, to committee on Rules, 85.
voting, 16A, 17B.
Voting in House Chamber, period of time if committees are meeting, 52.
Community and charitable service, 16A, 17C, 90.
Conduct, standards of, 88 to 100.
Consolidated amendments, 20A, 33E, 33F.
Constitution, proposals for amendment, 42.
COUNSEL TO THE HOUSE
Appointment, duties, removal and service of, 13B.
Audits of House financial accounts, 85A.
Procurement of goods and services, 87.
Standards of conduct responsibilities, 88 to 91, 93, 94 to 100.
Credit, pledging of, 22, 23, 17A.
DEBATE, RULES OF, 57 to 61, 64.
during informal sessions, prohibit, 44.
matters to be disposed of without debate, 45, 47, 48, 50, 53, 56, 61,
64, 66 to 69, 77, 83.
motions for suspension of rules, 83.
motions to be decided without debate, 64, 83.
motions to close debate, 55, 64, 65, 69.
motions to commit or recommit, 64.
motions to discharge or direct committee to report, 64.
motions to postpone to a time certain, 55, 64, 70.
motions to reconsider, 56.
second, etc., legislative days, 55, 64A.
Speaker may speak to points of order, etc., 2.
thirty minute limit, 61, 77.
yielding, 60.
Disabled members, voting by, 49.
Discharge of a committee, 7A, 24(6), 28, 55, 64.
Discharge reports, 7A, 42, 42A.
Discharges from Orders of the Day, 47.
Discrimination complaints, 99.
Displays, charts, posters and visual aids, regulate use, 2.
Division of a question, 74.
Elections, to fill vacancies, 6.
Electronic devices, 2.
Electronic mail and Legislative Web Page, 7D, 12, 17A, 42A.
Electronic voting system, 15, 49, 52.
Emergency preamble, 22, 23, 40.
Remote Rules, 101 (Historical note: see House document numbered 4690 of the 191st General Court, and House documents numbered 59 and 3929 of the 192nd General Court).
Employee Engagement Officer, 92
Employees,
committee staff directory, 91.
charitable and community service, 16A.
classification plan, 17C(b).
partnerships with national trade organizations, 92.
training opportunities and professional development, 91, 92.
Enacting clause, when motion to strike out, receivable, 40.
Engrossed bills, 23, 28(6), 40.
Equal employment complaints, 99.
Equal Employment Opportunity (EEO) Officer, 13B, 89 to 100.
Ethics,16, 16A
advisory opinions, 16.
training, 16B.
Ethics, code of, 16A.
Ethics committee, 16, 16C, 17, 52.
bills pertaining to certain subjects referred to after first reading, 16C.
candidacy for state or federal office, 16.
create committee bills, 16, 24(1).
voting violations, referred to, 52.
Excused from voting, time for application for, 48.
Executive conference, 17A.
Executive session, 17A.
Federal Stimulus and Census Oversight committee, 17.
Files, taking of matters from, 24.
Final passage, to be certified by Clerk, 23.
Financial accounts, auditing, 85A.
Fiscal note on bills, 33.
Floor leaders, 18.
Formal session to consider veto, petition for, 44.
Formal sessions, dress code and cellular telephones, 2.
General appropriation bill, 20, 20A, 27.
General bill rather than special, 26.
Global Warming and Climate Change, committee on, 17.
GOVERNOR:
messages from, to be referred, unless, 30.
messages setting terms of de-authorizing or authorizing bonds and notes, 17A.
messages or recommendations from, to be filed in a format determined by the Clerk, 30.
return of appropriation bills by, 30.
return of bills and resolves by, 40.
Session to consider vetoes of, 44.
Harassment policies, complaints, etc., 88-100
Home rule matters, reports on to be considered, 7A.
House Chamber, photography or video recording, 2.
Hours of meetings, 1A.
Human Resources and Employee Engagement, committee on, 16A, 16B, 17, 17C, 18A, 89, 90, 92, 98.
Human Resources Director, 13B, 88, 90, 92, 94.
Informal sessions, 12, 44, 54, 81.
Internet availability of bills and notices, 13A, 17A, 20B, 84A.
Investigations, propositions involving special, by committees, to be
referred to committee on Rules, 85.
Journal, 10, 11, 24.
Leadership positions, removal upon indictment, 18.
Legal Counsel of the House, advisory opinions by, 16.
Legal counsel representation at executive conferences, 17A.
Legislative days, second or subsequent, 55, 64A.
Legislative or executive agents or counsels, 16A, 80, 81.
Legislative web page or Internet, 13A, 17A, 20B, 81, 84A.
Loan bills, 22, 23.
Local matters, reports on to be considered and to be filed in paper and electronic form, 7A.
Majority Leader, etc., Acting Speaker, 5.
Majority leaders, 18.
Meetings
definition of, 17A.
regulating hours of, 1A.
MEMBERS, 14, 15.
about to speak, to rise and address the Speaker, etc., 57.
attire of, 2.
desiring to be excused from voting, etc., 48.
first named, to be chair of committee, etc., appointment, 18A.
journal, 10.
may request an enactment, 28(6).
may request the taking of matters from the files, 24.
medical concerns, remote voting, 49.
military obligations, remote voting 49.
monitors, regulating voting, 9.
naming or seating, 59.
not to interrupt another, etc., 60.
not to speak more than once, etc., 61.
not to stand at Clerk's desk during roll call, 14.
not to stand up, etc., 14.
not to serve on committee where their private right, etc., 16A(14).
not to vote for other members, 16A.
not to vote where their private right, etc., 16A(14).
notify Clerk of absences, 48.
number of, on each standing committee, 17.
photography during session, 2.
privilege of the floor, 80. See Voting.
ranking members, appointment, etc., 18.
ratification and removal, 18.
remote voting, 49.
seats, 79.
Speaker, recognition of members, 58.
stipends, prohibit more than one, 18.
to deposit petition, etc., with the Clerk, 24.
to endorse name on certain papers, 29.
video recording during session, 2.
voting, recording within five minutes, 52.
Messages from the Governor
to be filed in a format determined by the Clerk, 30
to be referred, etc., 30.
MINORITY LEADER:
to call a caucus, 19.
to nominate Assistant Minority Floor Leader, etc., 18.
to nominate committee members, 18A.
Minority party, caucus rules, 19A.
Minority party, percentage of committee membership, 18A.
Mobile devices, 2.
Monitors, 8, 9.
Motions, 62 to 75, 83, 85.
to be reduced to writing, 62.
Naming of members, 59.
Notice to parties, 85.
Office space, 17C.
Open meetings, 17A.
Operations, Facilities and Security committee, 17.
Order. See Questions of Order.
Orders:
filing of, 24.
involving expenditures for special committees, 33.
once rejected or disposed of, not to be renewed, 38.
providing that information be transmitted to the House, 85.
reported by committees, 42.
Orders of the Day, 12, 13, 28, 41 to 47.
Parliamentarian, 10A.
Parliamentary inquiry, 60.
Personal privilege, 60.
PETITIONS, 24, 25, 29, 30.
final disposition precludes renewal, 38.
Petitions and other papers, availability, 12, 20, 20A, 24, 33A.
Petition for formal session to consider veto, 44.
Petitions to discharge a committee, 28(6).
Photographs, taking of during session, 2.
Placed on file, 24(4), 42.
Pledging credit, bills providing for, 22, 23, 17A.
Points of order, 2, 11, 60, 77.
Political subdivisions, 17A.
Postage, regulating, 23A.
Post Audit and Oversight, committee on, 17.
Posters, charts, displays and visual aids, regulate use, 2.
Postpone to a time certain, motion to, 55, 64, 65, 70.
"Present", recording of members as being, 52.
Previous question, 55, 65 to 68.
Privilege of the floor, 80.
Procurements, 85A, 87.
Question of order, 2, 11, 60, 77.
Quorum, 1, 15, 17A, 49, 51, 82.
Radio, television broadcasting and web-broadcasting and access of sessions, 81.
Ratification in caucus, by ballot or acclamation, 18B.
Reading of papers, 24, 29, 37.
Recess, 55, 64, 65, 76, 82.
Recommendations and reports of state officials, etc., to be referred,
etc., 24, 30.
Recommit, motion to, 42, 64, 65, 71.
Reconsideration, 54, 55, 56.
Records, Clerk official keeper of, 10B.
Redrafted bills to be voted on by Ways and Means, availability, 17A.
Rejected bills, 32, 38, 41.
Remote participation,
Committee meetings, 17A.
House sessions, 49.
Repealed laws not to be re-enacted by reference, 31.
Reporters' gallery, 80, 81.
Reports of committees, 17B, 26, 27, 41, 42. See Bills.
Representatives' Chamber and adjoining rooms, 80, 81.
Resolutions, 22, 24(2), 41, 85.
Roll calls, availability on website, 52.
Rules, observance, suspension or transgression of, 8, 9, 24, 55, 83,
84, 86.
Rules, committee on, 7B, 7C, 7D, 17, 24(2,3), 27, 28, 81, 85.
motion to discharge, 24, 28.
Rules, violations of, 59.
Rulings of the Chair, 2, 55, 77.
Schedule, House sessions, 7A, 7B, 7D, 44.
Seating of a member, 59.
Seats, 79.
Second, etc., legislative days, 55, 64A.
SENATE, papers from, 22, 34, 35, 36, 41, 42.
Sessions
informal, 44, 54.
radio, television and web broadcasting of, 81.
regulating hours of, 1A.
Sessions and committees, scheduling, 7A, 7B, 7D, 44.
SPEAKER, 1 to 7.
adjourn or recess, 2, 82.
appeal of decisions, 77.
Calendar of House, 12.
casting of vote for, 49
committee scheduling, 7D.
consultation with Clerk, bill format and availability, 33A.
consultation with Clerk, budget amendment format, 20A.
consultation with Clerk, budget availability format, 20B.
decorum and order, 2.
income, earned and unearned, 4B.
may declare a recess, 76.
may direct motion to be reduced to writing, 62.
may invite visitors to seats on the floor, 80.
shall assign seats, 79.
to appoint monitors, 8.
to approve reference of petitions, etc., and printing of certain
documents, 24.
to call a caucus, 19.
to declare informal sessions, 44.
to name member entitled to floor, 58.
to nominate committee members, 18A.
to nominate Majority Leader, etc., 18.
Speaker pro Tempore, 4A, 5, 18, 23A, 49.
Special bills reported by committee, 26.
Standing committees, staffing, 17C.
State Ethics Commission, 16B.
State finances, 33.
Steering, Policy and Scheduling, committee on, 7A, 42A.
Stenographers, employment of, by committees, 85.
Stipends, prohibit more than one, 18.
Strike out and insert, motion to, 74.
Strike out enacting clause, 40.
Summaries of bills, availability prior to roll calls, 33A.
SUSPENSION OF RULES, 55, 83, 84.
limit of debate on motion for, 83.
Tampering with electronic voting system, 52.
Tape recordings, committees, 17A.
Television, radio and web broadcasting of all sessions and access, 81.
Third Reading, Bills in the, committee on, 17, 18A, 22, 28, 43, 45, 79(1).
motions to discharge or report, 28, 55, 64.
time for reporting, 28A.
Title, bills to be read by title only, 37.
Travel, orders authorizing committees to, referred to committee on Rules, 85.
Undebatable matters and motions, 64. See Debate, Rules of.
Unfinished business, 46.
Vacancies, filling of, 5, 6, 7.
Veto of bill or resolve, printing of Calendar, 12.
Veto, petition for formal session to consider, 44.
Videos/audio
radio and television access, 81.
recording of during session, 2.
reproduction of committee meetings, 17A
Violations of rules and questions of conduct, 16, 52 (voting), 59.
Visual aids, charts, displays and posters, regulate use, 2.
Votes, roll calls made available on website, 52.
VOTING, 3, 4, 9, 16A, 48 to 53.
Warning a member, 59.
Ways and Means, committee on, 17, 17A, 20, 20A, 21, 27, 28, 30, 33, 45.
consolidated amendments, 20A, 33E.
Floor amendments, 73A.
Motions directing, to report, etc., 28, 55, 64.
Redrafts of, availability, 17A.
Web-broadcasting, 81.
Yeas and nays, 33F, 48 to 53.
Yeas and nays, during informal sessions, prohibition, 44.
Yielding floor in debate, 60.
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The adopted permanent House Rules for the 193rd General Court governing the 2023-2024 legislative session
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H2024
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T11:30:30.3066667'}]
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Order
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Order for the adoption of permanent Joint Rules for the 193rd General Court governing the 2023-2024 legislative session
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H2025
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HD28
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T11:32:25.423'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T11:32:25.4233333'}]
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Order
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Ordered, “Committees.
1. 1. Joint standing committees shall be appointed at the beginning of the biennial session as
follows:-
A committee on Advanced Information Technology, the Internet and Cybersecurity;
A committee on Agriculture;
A committee on Bonding, Capital Expenditures and State Assets
A committee on Cannabis Policy;
A committee on Children, Families and Persons With Disabilities;
A committee on Community Development and Small Businesses;
A committee on Consumer Protection and Professional Licensure;
A committee on Emergency Preparedness and Management;
A committee on Economic Development and Emerging Technologies;
A committee on Education;
A committee on Elder Affairs;
A committee on Election Laws;
A committee on Environment and Natural Resources;
A committee on Financial Services;
A committee on Health Care Financing;
A committee on Higher Education;
A committee on Housing;
A committee on the Judiciary;
A committee on Labor and Workforce Development;
A committee on Mental Health, Substance Use and Recovery;
A committee on Municipalities and Regional Government;
A committee on Public Health;
A committee on Public Safety and Homeland Security;
A committee on Public Service;
A committee on Racial Equity, Civil Rights and Inclusion;
A committee on Revenue;
A committee on State Administration and Regulatory Oversight;
A committee on Telecommunications, Utilities and Energy;
A committee on Tourism, Arts and Cultural Development;
A committee on Transportation; and
A committee on Veterans Affairs.
Each to consist of 6 members of the Senate, and 11 on the part of the House except the
committees on Bonding, Capital Expenditures and State Assets, Economic Development and
Emerging Technologies, Public Safety and Homeland Security, Mental Health, Substance Use
and Recovery, Health Care Financing and Transportation which shall consist of 7 members of
the Senate and 13 of the House.
Within 4 weeks of the appointment of joint standing committees in the first annual session of the General Court, each joint standing committee shall adopt rules of procedure regarding its conduct. Said rules of procedure, together with any amendments, shall be filed with the Clerk of the Senate and the Clerk of the House and shall be available to the public and members of the General Court on the official website for the General Court.
Except as provided by Joint Rule 1E, each matter shall be referred only to 1 joint committee for consideration and all reports of matters by joint committees shall be made to the House or the Senate, under Joint Rule 4, not to another joint committee. The committee to which a matter is initially referred may discharge the matter to another committee with jurisdiction over the matter.
Matters referred by either the Senate or the House to its committee on Ways and Means shall be considered by the respective committees of the 2 branches, acting as a joint committee, when, in the judgment of the chairs of the respective committees of the 2 branches, the interests of legislation or the expedition of business will be better served by such joint consideration. Matters may also be referred to the committees on Ways and Means, of the 2 branches, as a joint committee.
The committees on Rules, together with the presiding officers of the 2 branches, acting concurrently, may consider and suggest such measures as shall, in their judgment, tend to facilitate the business of the session and a majority vote of the 2 branches shall be required to approve such recommendations.
In order to assist the House and the Senate in their: (1) consideration and enactment of new legislation and modifications of existing laws, when either are deemed to be appropriate; (2) evaluation of the effectiveness and administration of laws and programs previously enacted; and (3) appraisal of the conditions and circumstances which may indicate the desirability of enacting new legislation, the various joint committees shall have the following oversight responsibilities:
(i) each joint committee shall review and study, on a continuing basis, the implementation, administration, execution and effectiveness of those laws, or parts of law, the subject matter of which is within the jurisdiction of that committee, the administrative regulations adopted to implement those laws, and those state agencies or entities having responsibilities for the administration and execution of such laws;
(ii) in carrying out these review and study activities, each committee shall determine whether such laws, administrative regulations and programs under those laws are being implemented in accordance with the intent of the General Court and whether such laws, administrative regulations and programs should be continued, curtailed or eliminated;
(iii) each committee shall also review and study any conditions and circumstances which may indicate the necessity or desirability of enacting new legislation within the jurisdiction of that committee, regardless of whether any matter has been introduced on that subject, and shall, on a continuing basis, undertake research on matters within the jurisdiction of that committee.
Committees shall coordinate oversight activities, under the direction of the presiding officers of both branches, to achieve the maximum objectives of clauses (i), (ii) and (iii).
Each committee may, upon completion of its oversight hearings, report to the General Court the results of its findings and recommendations together with accompanying corrective legislation, if any, by filing the same with the Clerk of the House of Representatives or the Clerk of the Senate. Copies of such reports shall be, whenever practicable, made available to all members electronically and to the public via the Internet. The disposition of said reports shall be determined by the Clerks with the approval of the Speaker and the President.
The Senate and House chairs of a joint committee may appoint subcommittees to investigate and study any matter referred to said subcommittee. Any subcommittee so established shall be co-chaired by a majority member of the Senate and a majority member of the House who are members of the joint standing committee appointing the subcommittee. The composition of the subcommittee shall be proportional to the composition of the appointing joint committee; provided, however, that not less than 10 per cent of the subcommittee’s members shall be from the minority party. Chairs of subcommittees shall not be considered chairs under section 9B of chapter 3 of the General Laws. A subcommittee may, upon completion of an investigation and study, report the results of the investigation and study together with legislation, if any, by filing the same with the Senate and House chairs of the appointing joint committee.
Temporary employees of the general court assigned to a joint committee who are students at an accredited education institution or employees or grantees of other non-profit organizations under section 501 (c) (3) of the Internal Revenue Code may receive compensation from such organization, according to that organization's regular program of providing such compensation for temporary governmental or public service employment. A temporary employee's Senate or House supervisor shall establish the employee's total compensation, shall verify that the sum of the employee's state compensation, if any, and that any outside compensation the employee is to receive under this rule would not exceed this total compensation, and shall file the written terms of the employee's compensation with the Senate or House Human Resources Office, where it shall be available for public inspection. The temporary employee shall sign a confidentiality and ethics agreement provided by the Senate Personnel Office or House Human Resources Office.
The Senate and House Offices of Human Resources shall publish an employee handbook for joint employees of both branches of the general court. The handbook shall be developed with the advice and approval of both the Counsel to the Senate and the Counsel to the House. The handbook shall address access by joint employees to the human resource related services and programs of each branch of the general court. Joint employees shall complete any training required by either branch of the general court, as may be agreed upon by the Senate and House Offices of Human Resources.
[Amended Jan. 6, 18 82; Jan. 5, 18 83; Jan. 7, 18 84; Jan. 8 and 26, 1885; Jan. 8, 18 86; Jan. 12, 18 87; Jan. 9, 18 88; Jan. 28, 18 89; Jan. 8, 18 90; Feb. 2, 18 91; Jan. 11 and Feb. 10, 18 92; Feb. 7, 18 93; Jan. 8. 1894; Jan. 7, 18 95; Jan. 7, 18 96; Jan. 11, 18 97; Jan. 10, 18 98; Jan. 9, 18 99; Jan. 22 and 29, 1901; Jan. 6, 19 02; Jan. 9, 19 03; Jan. 8, 19 04; Jan. 6, 19 05; Jan. 4, 19 07; Jan. 5, 19 10; Jan. 4, 19 11; Jan. 1, 19 13; Jan. 12, 19 14; Jan. 2, 19 18; Jan. 1 and 8 and Feb. 21, 1919; Jan. 7, 19 20; Jan. 5, 19 21; April 17 and 30, 1925; Jan. 5, 19 27; Jan. 7, 19 31; Jan. 6, 19 37; Jan. 4, 19 39; Jan. 1, 19 41; Jan. 3, 19 45; Jan. 2, 19 46; Jan. 6, 19 47; Feb. 1, 19 49; Jan. 7, 19 53; Jan. 7, 19 59; Jan. 30, 19 61; Jan. 7, 19 63; Jan. 12, 19 65; Feb. 24, 19 65; Mar. 10, 19 66; Jan. 30, 19 67; Jan. 7, 1971 ; July 23, 1974 ; Sept. 30 and Oct. 12, 1976 ; Nov. 3, 1981 ; Dec. 21, 1981 ; Mar. 15, 1982 ; Oct. 3, 1983 ; June 3, 1985 ; Jan. 25 and Mar. 14, 1988 ; Mar. 27, 1995 , June 12, 1995 ; July 17, 2003 ; Jan. 26, 2005; July 21 and September 20, 2005; Feb. 20, 2007; Feb 12, 2009; Feb. 15, 2017; Mar 7, 2019.]
1A. All meetings of joint committees acting concurrently, Senate and House standing committees, special committees of the Senate and House of Representatives, and joint special committees and committees of conference on the disagreeing votes of the 2 branches shall be open to the public, unless a majority shall vote otherwise; provided, that such committees may, at the discretion of the chairs of said committees, assemble and vote remotely and allow remote access to the public. [Adopted July 17, 1973. Amended July 18, 1974; Feb. 12, 2009.]
1B. A joint standing committee shall hold a public hearing on each matter referred to it in each legislative session. [Adopted June 3, 1985; Amended Feb. 12, 2009.]
1C. All joint standing committees shall schedule committee hearings and executive sessions upon agreement of the chairs and so as not to conflict, to the extent feasible, with the schedules of other committees and, to the extent feasible, the day of the week and times during that day set aside for formal sessions by the respective branches from the first Wednesday in January through the fourth Wednesday of April in the first annual session. [Adopted June 3, 1985; Amended June 12, 1995; Mar. 7, 2019.]
All hearings of joint standing committees shall be conducted in-person with the option of remote participation available to both members of the joint standing committee and the public; provided, however, that the chairs of said joint standing committees shall be physically present at the hearing location where in-person public testimony is offered. All joint standing committees, in the conduct of their hearings, shall utilize, to the extent practicable, online platforms or systems that allow for synchronous, audio-visual communication between the chairs of the committee and individuals offering testimony remotely. All hearings of joint standing committees shall be publicly livestreamed on the website of the General Court and shall display and transmit, in real-time, the audio-visual attributes of public testimony offered remotely; provided further, that said livestream shall be archived on the website of the General Court for the duration of the legislative session. Members of joint standing committees may participate remotely and shall have the same privileges, rights and responsibilities as if the member were physically present at the hearing location, and other members of the Senate and House of Representatives may offer remote testimony before joint standing committees of which they are not a member. The chairs of the joint standing committees shall use best efforts to prioritize the testimony of those physically present at the hearing location and may, in their discretion, allow individuals participating in-person a greater amount of time to testify than those participating remotely. All notices of hearings of joint standing committees issued pursuant to Joint Rule 1D at which public testimony is being solicited shall include instructions on how to offer testimony both in-person and remotely. Nothing in this rule shall preclude a joint standing committee from conducting hearings in which only written testimony is accepted; provided, however, that such hearings shall only consider home rule petitions referred to the joint standing committee pursuant to Joint Rule 7B, or any other matter referred to a joint standing committee after having first been reported favorably by a separate joint standing committee sharing jurisdiction.
1D. All meetings of joint standing committees, and special joint committees of the Senate and House of Representatives, and joint special committees and committees of conference on the disagreeing votes of the 2 branches shall be open to the public, and any person shall be permitted to attend any such meeting unless such committee convenes in executive session, as provided herein. All joint standing committees shall determine a schedule for committee hearings to be held from the beginning of the first annual session through the fourth Wednesday in June in said session. These committee schedules shall be submitted to the Clerk of the House who shall cause them to be published on the official website for the General Court. Establishment of such schedules shall not preclude joint standing committees from scheduling additional hearings or meetings as needed. No executive session shall be held until after the committee has first convened in an open session for which notice has been given, the presiding officer has stated the purpose of the executive session, a majority of the committee members present has voted to go into executive session, the vote of each member has been recorded on a roll call vote, and the presiding officer has stated before the executive session if the committee will reconvene after the executive session. The records of all such roll calls shall be kept in the offices of the committee for the duration of the General Court during which said vote was recorded, and shall be available for public inspection upon reasonable notice and during regular office hours.
Committees shall provide to members of the committee either the text or comprehensive summaries of the bills or other forms of legislative matters prior to the beginning of an executive session or poll. All joint standing committees, and special joint committees of the Senate and House of Representatives, shall notify the Sergeant-at-Arms of the time, place and agenda of all public hearings and executive sessions not less than 72 hours prior to the time of such meetings. If public testimony is being solicited, agendas shall include an electronic mail address and physical mail address for the submission of testimony. The Sergeant-at-Arms shall notify the clerk, who shall inform all members electronically and publish such information on the official website of the General Court whenever practicable.
Nothing contained in this rule shall prohibit a joint standing committee or special joint committee of the Senate and the House of Representatives from taking appropriate action including, but not limited to, the exclusion of a person from a committee meeting in order to prevent the disruption of or interference with committee proceedings. All meetings of joint standing committees, and special joint committees of the Senate and House of Representatives, shall be limited to no more than 50 bills to be discussed in a hearing, unless it can be determined that all of the bills being considered are of the same subject matter.
The 72 hour requirement shall be suspended in an emergency only after all reasonable efforts have been made to contact all committee members and upon a recorded vote of at least a majority of the members of each branch appointed to the committee, but not less than two-thirds of the members of each branch voting.
A meeting of a committee may be recorded by a person in attendance by means of a recorder or any other means of audio/visual reproduction except when a meeting is held in executive session; provided, that a person seeking to record a meeting of a committee notifies the Chairs of the committee prior to commencing such recording; and provided further that during such recording there is no interference with the conduct of the meeting.
The Chairs of each committee shall preserve decorum and order during each committee hearing. Persons attending hearings shall be required to refrain from the use of cellular telephones, beepers and pagers. The use of visual aids including, without limitation, posters, displays, or charts shall be permitted only upon approval of the Chairs. [Adopted June 3, 1985. Amended June 12, 1995; Feb. 20, 2007; Mar. 14, 2013; Mar. 7, 2019.]
1E. The joint standing committee on Health Care Financing shall review all legislation relating to health care to evaluate the appropriateness and fiscal effect of such legislation. A matter within the jurisdiction of said committee may, if appropriate, initially be referred to another joint standing committee sharing jurisdiction of the subject-matter. Any matter reported favorably by such joint standing committee shall be referred to the joint committee on Health Care Financing; provided, however, that notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time in the branch in which the report was received. The next favorable report on any such matter, if made by a joint committee, may be made to either branch. Such next favorable report shall be considered the first reading. The branch of origin for any such bill so reported shall be the branch receiving such favorable report.
For all matters initially referred to the joint committee on Health Care Financing and not previously referred to another joint committee, the joint committee on Health Care Financing may make favorable reports to either branch, at the discretion of the committee, except that reports on money bills shall be made to the House.
In compliance with section 38A of chapter 3 of the General Laws, the joint committee on Health Care Financing when reporting on bills shall include a fiscal note prepared under section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed legislation, if, in the opinion of said committee, such cost or fiscal effect exceeds the sum of $100,000; provided, however, that any matter reported by the committee on Health Care Financing with a fiscal effect of less than $100,000 shall not be referred, under the rules, to the committee on Ways and Means.[Adopted Jan. 26, 2005; Amended May 19, 2005; Feb. 20, 2007; Feb. 12, 2009.]
1F. The joint committee on Bonding, Capital Expenditures and State Assets shall review all
legislation providing for the giving, loaning or pledging of the credit of the Commonwealth (see
Article LXII of the Amendments to the Constitution, as amended by Article LXXXIV). Said
committee shall be responsible for evaluating such legislation and determining the
appropriateness of enacting legislation containing increased bond authorizations for the
Commonwealth. The committee shall periodically review and hold open public hearings,
accepting oral and written testimony on the status of the bonds and notes of the Commonwealth,
including (1) general obligation debt; (2) dedicated income tax debt; and (3) special obligation
debt. The committee shall also, in its continuing study of the state’s bonding practices, review
the Commonwealth’s liabilities relative to (a) state-supported debt; (b) state-guaranteed debt; and
(c) indirect obligations.
Any bill providing for borrowing for new projects, and requiring the Commonwealth to issue
bonds for such purpose, shall, prior to its reference to the committee on Ways and Means, be
referred to the committee on Bonding, Capital Expenditures and State Assets for report on its
relationship to the finances of the Commonwealth. A measure may initially be referred to
another joint committee with jurisdiction over the subject matter before being referred to the
committee on Bonding, Capital Expenditures and State Assets; provided, however, that
notwithstanding any rule to the contrary, any such matter so reported shall not be read a first time
in the branch in which the report was received. The next favorable report on any such matter by
the committee on Bonding, Capital Expenditures and State Assets shall be considered the first
reading. The branch of origin for any such bill so reported shall be the branch receiving such
favorable report.
The provisions of Joint Rule 4 shall apply to all matters referred to the joint committee on
Bonding, Capital Expenditures and State Assets, except that where constitutionally prohibited.
The joint committee shall consult with the various agencies of the Executive branch and the
office of the Treasurer and Receiver-General relative to project expenditures, availability of
funds, the sale of new bonds and the resultant debt obligations, federal reimbursements and other
related funding and bonding issues.
The joint committee on Bonding, Capital Expenditures and State Assets shall be authorized to
conduct hearings relative to the statutory authority of the Executive branch and the Treasurer and
Receiver-General in the issuance and sale of bonds and notes and the expenditure of capital
funds by the various agencies and authorities of the Commonwealth. The committee shall
determine whether such laws, administrative regulations and programs are being implemented in
accordance with the intent of the General Court.
The committee on Bonding, Capital Expenditures and State Assets shall be authorized to report
to the General Court from time to time on the results of its hearings and to file drafts of
legislation necessary to carry its recommendations into effect.
Messages from the Governor setting terms of bonds and notes, or for the de-authorization or
authorization of bonds and notes, shall be referred to the committee on Bonding, Capital
Expenditures and State Assets.
1G. The President of the Senate, the Speaker of the House of Representatives, Minority Leader of the Senate, Minority Leader of the House of Representatives, the Senate and House chairs and the Senate and House ranking minority members of the joint committee on Public Safety and Homeland Security may receive security clearance from federal and state homeland security officials in order to be granted access to confidential homeland security briefings, information and materials. The President of the Senate, the Speaker of the House of Representatives, the Senate and House committee chairs and the Senate and House ranking minority members may designate 1 or more members of their staff who may receive such security clearance.
Any person who receives security clearance under this rule shall sign all confidentiality agreements required by homeland security officials. The breach of any such confidentiality agreement shall constitute a violation of the Joint Rules of the Senate and House of Representatives. Any alleged violation of a confidentiality agreement shall be referred for investigation to the Senate committee on Ethics and Rules or the House committee on Ethics, respectively, and, if appropriate, to law enforcement authorities for potential criminal prosecution. [Adopted Jan. 26, 2005; Amended Feb. 12, 2009; Mar. 7, 2019.]
2. No member of either branch shall act as counsel for any party before any committee of the Legislature.
2A. No member of either branch shall purchase, directly or indirectly, the stock or other securities of any corporation or association knowing that there is pending before the General Court any measure specially granting to such corporation or association any immunity, exemption, privilege or benefit or any measure providing for the creation of, or directly affecting any, contractual relations between such corporation or association and the Commonwealth. This rule shall not apply to the purchase of securities issued by the Commonwealth or any political subdivision of the Commonwealth. [See G.L. chapter 268, section 10.] [Adopted Jan. 16, 1922.]
3. When the General Court is in session, authorization for any committee of the Senate or House of Representatives to travel during the session of the General Court shall be approved by a vote of two-thirds of the members of its branch present and voting. When the General Court is in session, authorization for any committee of the Senate or House of Representatives to sit and travel during the recess of the General Court shall be approved by a vote of two-thirds of the members of each branch present and voting. During the recess of the General Court, the President of the Senate and the Speaker of the House of Representatives may, by written consent, allow standing committees of their respective branches or appoint special committees to sit, travel and incur expenses not exceeding sums authorized in writing by said presiding officers and appropriated for such purposes. When the General Court is in session, authorization for any joint committee to travel during the session, or to sit or travel during the recess, of the General Court shall be approved by a vote of two-thirds of the members of each branch present and voting. During the recess of the General Court, the President of the Senate and the Speaker of the House of Representatives, acting jointly, may, by written consent, allow joint committees or appoint joint special committees to sit, travel and incur expenses not exceeding sums authorized in writing by said presiding officers and appropriated for such purposes. The Clerks of the Senate and House of Representatives shall be notified of any appointments made and authorizations granted during the recess for said committees to sit, travel and incur expenses during the recess and the Clerks shall enter such information in the journals for the next year, as soon as may be practicable. Committees authorized by the presiding officers to sit during the recess in the odd numbered year shall report not later than the fourth Wednesday of January during the following year and committees authorized by the presiding officers to sit during the recess in the even numbered year shall report not later than the fourth Wednesday of December during the same year.
No committee shall travel except at the expense of the Commonwealth. In any case when a committee is authorized to travel, the Sergeant-at-Arms shall provide transportation only for members of the committee and the officer accompanying them, and the reasonable traveling expenses of such members and officers only shall be charged to or paid by the Commonwealth. Neither the Sergeant-at-Arms nor the officer detailed by the Sergeant-at-Arms shall permit any person to accompany such committee while in the discharge of its official duties unless invited by vote of the committee.
All bills for the traveling expenses of committees shall be submitted by the Sergeant-at-Arms to the committee by whom they have been incurred and shall be approved by a majority of said committee before being presented to the Comptroller for payment. [Adopted Feb. 7, 1890; Amended Feb. 2, 1891 ; Jan. 20, 1904 ; April 17, 1925 ; March 2, 1943 ; July 27, 1950 ; Oct. 18, 1971 ; March 28, 1972 ; Jan. 15, 1973; Feb. 12, 2009.]
3A. A joint standing committee may, upon the written and signed report of two-thirds of the members of the Senate and two-thirds of the members of the House appointed to said committee, report a bill or other form of legislation without said legislation being founded upon petition; provided, however, that matters so reported shall be germane to the subject matters regularly referred to the committee. The committee shall hold a public hearing on such bill or other form of legislation before it is reported. A bill or other form of legislation so reported shall be placed in the Orders of the Day by the Clerk of the respective branch to which it is reported or referred to a standing committee of said branch under the rules. All reports of committees not founded upon petition shall bear the designation ‘committee bill’, ‘resolve’, ‘order’ or ‘resolution’, as the case may be, in the Orders of the Day. Committees to which messages from the Governor, reports of state officers, boards, committees, commissions and others authorized to report to the General Court, may report by bill or otherwise such legislation as may be germane to the subject matter referred to them. [Adopted June 3, 1985 .]
4. Favorable reports, and adverse reports on subjects of legislation other than petitions, by joint committees shall be made to the branch in which the matter was originally introduced, unless the committee decides otherwise under its own rules and, except that reports on money bills shall be made to the House and if adverse reports on matters other than petitions which are accompanied by money bills are accepted by the House, this shall constitute final rejection. Adverse reports by joint committees on petitions shall be made to the branch in which the petition was originally introduced, except that such adverse reports on petitions accompanied by proposed money bills shall be made to the House; and, if accepted by the branch in which they are made, shall be considered as a final rejection. When a report is made from any committee to either branch, and the subject-matter of the report is subsequently referred to a joint committee, such committee, except for the committee on Health Care Financing, shall report its action to the branch in which the reference originated. [See also Joint Rule 5.]
A vote of a joint standing committee to give legislation a favorable or adverse report shall be conducted by a roll call upon request of 2 committee members present at the committee meeting. Such votes shall be recorded on appropriate forms that show all votes for and against the particular committee action. The records of all such roll calls shall be kept in the offices of the committee for the duration of the General Court during which said vote was recorded, and shall be available for public inspection upon reasonable notice and during regular office hours.
All committee members shall have an opportunity to sign a form accompanying a report of the committee signifying approval of, dissent or abstention from a report of a joint standing committee before the report is final or filed. No signature shall be valid unless the report to which the signature is affixed includes the substantially complete text of the legislation being reported. [Amended Jan. 3, 1952; April 8, 1959; June 7, 1965; Jan. 7, 1971; March 11, 1974; June 3, 1985; Feb. 20, 2007; Feb. 15, 2017.]
4A. In compliance with section 38A of chapter 3 of the General Laws, all joint committees of the General Court when reporting on bills referred to them shall include a fiscal note prepared under section 3A of chapter 29 of the General Laws, showing the estimated cost or the fiscal effect of the proposed legislation, if, in the opinion of said committee, such cost exceeds $100,000. Such fiscal note shall be filed electronically in the office of the clerk to which the report is being made, and shall be promptly made available on the official website of the General Court. [Adopted Jan. 15, 1973.]
5. Matters reported adversely by joint committees and the committees on Rules of the two branches, acting concurrently, may be recommitted to the same committees at the pleasure of the branch acting on the report, and bills or resolves may be recommitted in either branch. If a bill or resolve is laid aside in either branch for the reason that it is declared to be broader in its scope than the subject-matter upon which it is based, the subject-matter shall be recommitted to the committee. A concurrent vote shall, however, be necessary for re-committal, with instructions. After recommitment, report shall, in all cases, be made to the branch originating the recommitment. [Amended Feb. 2, 1891; April 11, 1935; Jan. 6, 1947; May 7, 19 53; March 26, 1963; Jan. 30, 1967; Jan. 7, 1971; March 11, 1974.]
6. Bills and resolves reported by joint committees shall be presented with spaces between the several sections and shall be made available to all members electronically and to the public via the Internet. [Amended Jan. 28, 1889; Jan. 9, 1941; Feb. 8, 1949; Feb. 12, 2009.]
Joint Petitions.
6A. A member of the Senate and a member of the House of Representatives may file a joint petition in either branch and shall endorse their name on the petition and a brief statement of the nature and object of the instrument and the reading of the instrument shall be dispensed with, unless specially ordered. The petition shall be filed in the office of the clerk of either the Senate or House of Representatives, depending on whether it is a ‘Joint Senate/House Petition’ or a ‘Joint House/Senate Petition’ but the Journal records in the Senate and House of Representatives shall carry both members’ names as presenters of the petition. [Adopted Jan. 15, 1973.]
7. Whenever, upon any application for an act of incorporation or other legislation, the purpose for which such legislation is sought can be secured without detriment to the public interests by a general law or under existing laws, the committee to which the matter is referred shall report such general law, or ‘ought not to pass’. [Amended Feb. 2, 1891; Feb. 7, 18 93; Jan. 7, 1971.]
7A. A petition for legislation to authorize a county to reinstate in its service a person formerly employed by it, or to retire or pension or grant an annuity to any person, or to increase any retirement allowance, pension or annuity, or to pay any sum of money in the nature of a pension or retirement allowance, or to pay any salary which would have accrued to a deceased official or employee but for their death, or to pay any claim for damages or otherwise, or to alter the benefits or change the restrictions of any county retirement or pension law, shall, subsequently to the procedure required by Senate Rule No. 20 and by House Rule No. 24, be reported adversely, unless, when filed it be the petition of, or be approved by, a majority of the county commissioners. [Adopted April 29, 1915. Amended Jan. 13, Feb. 19 and Dec. 22, 1920; May 24, 1926; April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7, 1971; Jan. 15, 1973; Mar. 7, 2019.]
7B. A petition, the operation of which is restricted to a particular city or town (and which does not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which does not affect generally the laws of the Commonwealth) and which is not filed in conformity with Section 8 of Article LXXXIX of the Amendments to the Constitution shall, subsequent to the procedure required by Senate Rule 20 and House Rule 24, be reported adversely, unless it be on petition filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a town. A joint committee to which is inadvertently referred a petition or other subject of legislation the operation of which is restricted to a particular city or town and which is not in conformity with Section 8 of Article LXXXIX of the Amendments to the Constitution shall report a general law which applies alike to all cities, or to all towns, or to all cities and towns, or to a class of not fewer than 2; or shall report ‘ought not to pass’, with the further endorsement that it ‘would be unconstitutional to enact such special law’.
Any petition that subsequently conforms to Section 8 of Article LXXXIX of the Amendments to the Constitution after filing, which have followed the procedures set forth in Senate Rule 20 or House Rule 24, shall be forthwith reported from the committee on Rules and be referred by the Clerk to an appropriate committee.[Adopted Jan. 13, 1920. Amended Feb. 19 and Dec. 22, 1920; May 24, 1926; April 11, 1935; April 22, 1937; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; Feb. 20, 1951; Jan. 30, 1967; Jan. 7 and Mar. 22, 1971 ; Jan. 15, 1973; March 14, 2013.]
7C. The approval vote required to file a petition, the operation of which is restricted to a particular city or town under Section 8 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth, shall not expire prior to the final day of the next immediate biennial session in which the petition was filed and no additional vote shall be required to file a petition unless a vote to rescind such approval is passed by the voters of a city or town, or the mayor and city council or other legislative body of a city, or the select board and the town meeting or other legislative body of the town. [Adopted, Mar. 14, 2013; Amended Feb. 15, 2017.]
7D. The approval of a substantive amendment to a petition restricted to a single city or town and requiring a vote of the city of town before enactment of the petition shall be provided to the General Court before the enactment of the petition and shall be reviewed by House Counsel and Senate Counsel prior to the enactment of the petition in either branch. [Adopted , Feb. 15, 2017.]
Notice to Parties Interested.
8. No legislation affecting the rights of individuals or the rights of a private or municipal corporation, otherwise than as it affects generally the people of the Commonwealth or the people of the city or town to which it specifically applies, shall be proposed or introduced except by a petition, nor shall any bill or resolve embodying such legislation be reported by a committee except upon a petition duly referred, nor shall such a bill or resolve be reported by a committee, whether on an original reference or on a re-committal with instructions to hear the parties, until it is made to appear to the satisfaction of the committee that proper notice of the proposed legislation has been given by public advertisement or otherwise to all parties interested, without expense to the Commonwealth, or until evidence satisfactory to the committee is produced that all parties interested have in writing waived notice. A committee reporting adversely due to lack proper notice or of a waiver of proper notice shall so state in its report and no bill or resolve shall be in order as a substitute for, or amendment of, such report. Objection to the violation of this rule may be taken at any stage prior to that of the third reading. [Adopted Feb. 7, 1890. Amended Dec. 22, 1920 ; Jan. 12, 1939 ; Jan. 15, 1945; Jan. 7, 1971.]
9. A petition for the incorporation of a city or town, for the annexation of 1 municipality to another, for the consolidation of 2 or more municipalities or for the division of an existing municipality, or for the incorporation or revival of a railroad, street railway, elevated railroad, canal, telephone, telegraph, water, gas, electric light, power or other public service corporation, for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name, of any such company, whether specially incorporated or organized under the General Laws, or for authority to take water for a water supply, or relative to building structures in or over navigable or tide waters, shall be placed on file, and not referred to a committee , unless the petitioner has given the notice and followed the procedure required by section 5 of chapter 3 of the General Laws . But if, no objection being raised, any such petition is referred to a committee without such required notice or procedure, the committee shall forthwith report adversely, setting forth as the reason for such report failure to comply with the law, unless evidence satisfactory to the committee is produced that all parties interested have in writing waived notice. In case a bill or resolve is reported upon such a petition, after proof of such waiver of notice, this fact shall be set forth in the report of the committee. When an adverse report is made by a committee, on account of failure to give the required notice, no bill or resolve shall be substituted for such report, nor shall such report be recommitted or referred to another committee.
A petition for the establishment or revival, or for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name, of any corporation, except a petition subject to the preceding paragraph, shall be transmitted by the Clerk of the branch in which it is filed to the office of the State Secretary. If such a petition is returned by said Secretary with a statement that the petitioner has failed to comply with the requirements of section 7 of chapter 3 of the General Laws, said petition shall be placed on file, and shall not be referred to a committee.
Any petition placed on file for want of proper notice or procedure under this rule shall not affect action upon any other measure involving the same subject matter. [Adopted Feb. 7, 1890. Amended Feb. 2, 1891; Feb. 3, 1898; Jan. 16, 1903; Feb. 19 and Dec. 22, 1920; May 24, 1926; Feb. 27, 1929; April 11, 1935; Jan. 6, 1938; Jan. 12, 1939; Jan. 9, 1941; Jan. 15, 1945; April 8, 1959; Jan. 7, 1963; Jan. 7, 1971 ; Jan. 15, 1973 , June 12, 1995; Feb. 12, 2009; Mar. 7, 2019.]
Limit of Time allowed for Reports of Committees.
10. All joint committees and the committees on Rules of the two branches, acting concurrently, shall make final report not later than the first Wednesday in February of the second annual session of the General Court on all matters referred to them before the second Wednesday of January of the second annual session and within 30 days on all matters referred to them on and after the second Wednesday of January of the second annual session of the General Court except that the committee on Health Care Financing shall make final report not later than the last Wednesday of March of the second annual session on all matters referred to them on or before the fourth Wednesday of February and within 30 days on all matters referred to it after the fourth Wednesday in February of the second annual session of the General Court. When the time within which said committees are required to report has expired, all matters upon which no report has then been made shall forthwith be reported by the chair of the committee on the part of the branch in which they were respectively introduced, with an adverse recommendation under this rule. If the chair fails to make such report by the end of the legislative day next following the expiration date, all matters remaining unreported shall be placed in the Orders of the Day by the Clerk of the branch in which the matter was originally filed with an adverse report under this rule. Matters which have been referred under Joint Rule 29, upon which the chairs of the committees on Rules fail to make a report, shall be placed by the respective Clerks in the Orders of the Day of the branch in which the subject matter was referred to said committees. Committees to whom are referred subjects of legislation may combine petitions of similar subject matter, or other forms of legislation of similar subject matter, into 1 adverse report, and the report on the petition shall be that said petitions or other forms of legislation ‘ought NOT to pass,’ and if the report is accepted, all the matters contained in the report shall be disposed of. However, petitions upon which an adverse report is accepted in only 1 branch may not be combined with other subjects of legislation upon which adverse reports must be accepted, in concurrence. This rule shall not apply to petitions referred to the committees on Rules of the two branches, acting concurrently, under the second paragraph of Joint Rule 12. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of each branch present and voting thereon. Notwithstanding Joint Rule 30, this rule shall not be rescinded, amended or suspended more than 3 times except by unanimous consent. [Amended Feb. 2, 1891; Jan. 25, 1894; Jan. 16, 1903; Jan. 20, 1904; Dec. 22, 1920; April 17, 1925; Jan. 12, 1939; Jan. 15, 1945; Jan. 6, 1947; May 7, 1953; Jan. 27, 1955; Jan. 30, 1967; Jan. 7, 1971; Feb. 4, 1974, June 12, 1995; July 17, 2003; Feb. 20, 2007; Feb. 12, 2009; Feb. 15, 2017; Mar. 7, 2019.]
10A. The form for all subjects of legislation receiving a favorable report shall be ‘ought to pass.’ The form for all subjects of legislation receiving an adverse report shall be ‘ought NOT to pass.’ A committee to whom is referred any other matter may report recommending that the same be placed on file. [Adopted Jan. 7, 1971.]
Committees of Conference.
11. Committees of conference shall consist of 3 members on the part of each branch, one member of each branch being a member of the minority party representing its vote; and their report, if agreed to by a majority of each committee, shall be made to the branch asking for the conference, and may be either accepted or rejected, but no other action shall be had, except through a new committee of conference.
Committees of conference to whom are referred matters of difference in respect to bills or resolves, shall, after filing their reports, but before consideration by either branch, have the same approved or discharged by each committee on Bills in the Third Reading [Amended April 22, 1937; Feb. 12, 2009; Feb. 3, 2011; Feb. 15, 2017; Mar. 7, 2019.]
11A. Committees of conference to whom are referred matters of difference in respect to appropriation bills, including capital outlay programs, shall, after filing their reports but before consideration by either branch have the same approved or discharged by each committee on Bills in the Third Reading.
Upon the appointment of a committee of conference to whom matters of difference in respect to any appropriation bill or in respect to any bill providing for capital outlay programs and projects are referred, the clerk of the branch requesting said committee of conference shall make available to members of the General Court a list of the matters in disagreement identified by item number and item purpose and showing the amount made available by each branch of the General Court, and any other matters in disagreement and the position of each of the said branches.
The report of said committee of conference shall consist of the matters of difference so referred and so identified, showing the amounts appropriated by each of the said branches and other matters in disagreement and the position of each branch with respect to those matters, and shall state said committee's recommendations with respect to the matters so referred. Matters on which there exists no disagreement between the branches shall not be disturbed by the committee on conference.
The committees on ways and means of each branch of the General Court shall assist such committee of conference in any and all matters necessary to the preparation and completion of its report. [Adopted July 30, 1974; Amended Oct. 3, 1983; Feb. 3, 2011.]
11B. No report from a committee of conference shall be considered or acted upon by either branch until the calendar day following the day on which said report shall have been available to the public and to the members of the General Court. The committee shall file its report no later than 8 p.m. on the day preceding its consideration and the General Court shall not consider said report before 1 p.m. on the following day, except that a report from such committee of conference that it is unable to agree may be considered and acted upon at the time that such report is filed. [Adopted Oct. 3, 1983. Amended July 17, 2003; July 21 and September 20, 2005; Feb. 3, 2011.]
11C. Reports, other than those filed under Rule 11A, from a committee of conference shall, whenever practicable, be accompanied by a summary which shall be filed with the clerk. [Adopted Feb. 12, 2009; Feb. 3, 2011.]
11D. Upon the filing of a report by a committee of conference the clerk of the branch in which the committee of conference filed its report shall make the report and the summary of the report available to all members electronically and to the public on the official website of the General Court by 9 p.m. on the day preceding its consideration. [Adopted Feb. 12, 2009; Feb. 3, 2011.]
11E. Subsequent to the filing of a report of a committee of conference, an addendum may be submitted to the clerk of the branch in which the report had been filed. The addendum shall indicate that it contains only matters inadvertently omitted from or included in the report, and shall be signed by all of members of the House and Senate who had signed the conference committee report. The addendum shall be approved by both the Counsel to the House and the Counsel to the Senate. The addendum, having been approved by both the Counsel to the House and the Counsel to the Senate, shall be posted to the official website of the General Court immediately upon receipt by the clerk of the branch to which it was submitted. [Adopted Mar. 14, 2013.]
Limit of Time allowed for New Business.
12. Resolutions intended for adoption by both branches of the General Court, petitions, and all other subjects of legislation, shall be deposited with the Clerk of either branch prior to 5 p.m. on the third Friday in January of the first annual session of the General Court.
All such matters except messages from the Governor, reports required or authorized to be made to the General Court and petitions filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body of a city, or the town meeting of a town, for the enactment of a special law under Section 8 of Article LXXXIX of the Amendments to the Constitution and which do not affect the powers, duties, etc., of state departments, boards, commissions, etc., or which do not affect generally the laws of the Commonwealth deposited with the respective clerks subsequent to 5 p.m. on the third Friday of January of the first annual session of the General Court shall be referred by the Clerks to the committees on the Rules of the two branches, acting concurrently. No such matter shall be admitted for consideration except on report of the committees on Rules of the two branches, acting concurrently, and then upon approval of two-thirds of the members of each branch voting thereon. Matters upon which suspension of Joint Rule 12 has been negatived shall be placed on file.
At any special session called under Rule 26A, however, matters relating to the facts constituting the necessity for convening such session shall, if otherwise admissible, be admitted as though filed seasonably under the first sentence of this rule. Any recommendations from the Governor shall be similarly considered. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of two-thirds of the members of each branch present and voting thereon. [Amended Feb. 7, 18 90; Feb. 2, 18 91; Feb. 7, 18 93; Jan. 10, 18 98; Jan. 9, 18 99; Feb. 15, 19 01; May 4, 19 04; Jan. 31, 19 10; Feb. 2, 19 17; Dec. 22, 19 20; March 30, 19 21; Jan. 30, 19 23; Feb. 15, 19 33; Jan. 12 and Aug. 7, 19 39; Jan. 15, 19 45; Jan. 6, 19 47; May 27, 19 48; Jan. 30, 19 67; March 26, 19 69; Jan. 7, 1971 ; Jan. 15 and Oct. 2, 1973 ; Oct 3, 1983 , June 12, 1995 ; Jan. 26, 2005; July 17, 2003; Jan. 26, 2005; July 21, 2005; Sept. 20, 2005; Feb. 12, 2009.]
12A. All formal business of the first annual session of the General Court shall be concluded not later than the third Wednesday in November of that calendar year and all formal business of the second annual session shall be concluded not later than the last day of July of that calendar year.
In order to assist the Senate and House in its analysis and appraisal of laws enacted by the General Court, each joint standing committee, upon conclusion of the formal business of the annual sessions, shall, as authorized by Joint Rule 1, initiate oversight hearings to evaluate the effectiveness, application and administration of the subject matter of laws within the jurisdiction of that committee. [Adopted June 12, 1995.]
Unfinished Business of the Session.
12B. Any matter pending before the General Court at the end of the first annual session and any special session held in the same year shall carry over into the second annual session of the same General Court in the same legislative status as it was at the conclusion of the first annual session or any special session held during that year; provided, however, that any measure making or supplementing an appropriation for a fiscal year submitted to or returned to the General Court by the Governor, under Article LXIII of the Amendments to the Constitution, in the first annual session or in a special session held during that year shall cease to exist upon the termination of the first annual session. [Adopted June 12. 1995.]
Papers to be deposited with the Clerks.
13. Information intended for presentation to the General Court by any Representative or Senator shall be deposited with the Clerk of the branch to which the member belongs; and all such information, unless they be subject to other rules or of the rules of the Senate or House, shall be referred by the Clerk, with the approval of the President or Speaker, to appropriate committees, subject to such changes as the Senate or House may make. The reading of information so referred may be dispensed with, but they shall, except as provided in these rules, be entered in the Journal of the same on the next legislative day after such reference.
A member may include a brief statement of intent with all papers intended for presentation to the General Court. Upon a favorable report by a joint standing committee, a committee may include a brief written statement of intent. Said statement shall be dated and shall include the scope of the matter presented for consideration; provided, however, this rule shall not be construed to require the presentation of such statement of intent under this rule. [Adopted Feb. 7, 1890. Amended Feb. 2, 1891; Feb. 7, 1893; Jan. 25, 1894; Dec. 22, 1920; May 25, 1923; Feb. 15, 1933; Jan. 12, 1971; June 3, 1985; Feb. 12, 2009.]
Dockets of Legislative Counsel and Agents.
14. The committees on Rules of the two branches, acting concurrently, may prescribe the manner and form of keeping the dockets of legislative agents which are required by law. [Adopted Feb. 2, 1891; Amended Feb. 19, 1920.]
Duties of the Clerk.
15. If any part of the report of a committee over the signature of the chair or members of the committee is amended in either branch, the Clerk of that branch shall endorse upon the report such amendment. [Amended Mar. 7, 2019.]
16. All papers, while on their passage between the 2 branches, may be under the signature of the respective Clerks, except as to the adopting of emergency preambles and the final passage of bills and resolves. Messages may be sent by such persons as each branch may direct. [Amended Feb. 21, 1919.]
17. After bills and resolves have passed both branches to be engrossed, they shall be in the charge of the Clerks of the 2 branches, who shall prepare the same for final passage in the manner prescribed by law; and when so prepared the same shall be delivered to the Clerk of the House of Representatives; and when the bills have been passed to be enacted or the resolves have been passed in the House, they shall, in like manner, be delivered to the Senate Clerk and Parliamentarian. If a bill or resolve contains an emergency preamble, it shall be delivered in like manner, to the Senate after the preamble has been adopted by the House of Representatives and before the bill or resolve is put upon its final passage in that branch. If the Senate concurs in adopting the preamble, the bill or resolve shall be returned to the House to be there first put upon its final passage, under Joint Rule No. 22. [Amended Feb. 24, 1914; Feb. 21, 1919; Jan. 7, 1971.]
18. [Omitted in 1971.]
19. The Clerk of the branch in which a bill or resolve originated shall make an endorsement on the envelope of the engrossed copy of the bill, certifying in which branch the bill originated, which endorsement shall be entered on the journals by the Clerks respectively. [Amended Jan. 28, 1889; Feb. 24, 1914.]
20. Bills, resolves and other papers requiring the approval of the Governor shall be laid before the Governor for the Governor’s approbation by the Senate Clerk and Parliamentarian, who shall enter upon the journal of the Senate the day and date on which the same were so laid before the Governor. [Amended Jan. 28, 1889; Jan. 7, 1971.]
Presentation and Distribution of Documents.
21. The committees on Rules of the two branches, acting concurrently, may establish regulations for the distribution of bills, reports or other documents. Bills, reports or other documents shall be made available to members electronically and, except for petitions or other documents not assigned bill numbers, published on the Internet. The committees on Rules of the two branches, acting concurrently, may make such changes pertaining to the availability of bills, reports or other documents as they deem necessary for expediting the work of the legislature.
The Clerks of the House of Representatives and the Senate shall be responsible for publishing the journals of their respective chamber, the book Public Officers of Massachusetts, the committee book and any other publications per order of the committees on Rules. [Amended Jan. 8, 1886 ; Jan. 28, 1889 ; Jan. 27, 1911 ; Feb. 19, 1920 ; Jan. 6, 1947 ; Apr. 5, 19 67 ; Jan. 7, 1971; Feb. 12, 2009; Mar. 14, 2013.]
Emergency Measures.
22. The vote on the preamble of an emergency law, which under the requirements of Article XLVIII, as amended by Article LXVII of the Amendments of the Constitution shall, upon request of 2 members of the Senate or of 5 members of the House of Representatives, be taken by call of the yeas and nays, shall be had after the proposed law has been prepared for final passage; and neither branch shall vote on the enactment of a bill or on the passage of a resolve containing an emergency preamble until it has been determined whether the preamble shall remain or be eliminated. If the bill contains an emergency preamble, a motion to amend the bill may be received in either branch before the adoption of the emergency preamble, and the amendment may contain a new emergency preamble. If the 2 branches concur in adopting the preamble, the bill or resolve shall first be put upon its final passage in the House of Representatives. If either branch fails to adopt the preamble, notice of its action shall be sent to the other branch; and the bill or resolve, duly endorsed, shall again be prepared for final passage without the preamble and without any provision that the bill or the resolve shall take effect earlier than 90 days after it has become law. Procedure shall be otherwise under the joint rules and the rules of the Senate and the House of Representatives. [Adopted Feb. 21, 1919. Amended Jan. 30, 1923; Jan. 7, 1971; Feb. 20, 2007; Feb. 12, 2009.]
22A. Bills and resolves passed to be engrossed by both branches and before being transmitted by the clerks to the Legislative Engrossing Division shall be made available to the committees on Bills in the Third Reading of the two branches, acting jointly, who shall examine them to ensure accuracy in the text; that the legislation is correct as to form; that references to previous amendments to any particular law are correct and to ensure proper consistency with the language of existing statutes. These committees, with the approval of the majority and minority leadership of both branches may make corrections which are not substantive in nature. The clerks of both branches shall be immediately notified, in writing, of any such changes. Errors discovered by the committees of a substantive nature shall be reported to the General Court, which in turn shall take appropriate action under its rules. Upon completion of examination and possible correction of any such bills and resolves, the bills and resolves shall be returned to the clerks, who in turn, shall transmit them to the Legislative Engrossing Division to be prepared for final passage. [Adopted Sept. 16, 1971.]
Legislative Amendments to the Constitution.
23. All proposals for amendments to the Constitution referred to a joint committee on the first annual session of the General Court shall be reported by said committee not later than the last Wednesday of April in said year, and proposals for amendments to the Constitution referred to a joint committee subsequent to the last Wednesday in April of the first annual session shall be reported by said committee not later than the last Wednesday of April in the second session of the same General Court. The committee shall file its report, either recommending that the proposal ought to pass or ought not to pass, with any official papers in its possession that relate thereto, with the Clerk of the Senate. When the time within which said committees are required to report has expired, all matters upon which no report has been made shall forthwith be placed in the Journal of the respective branches, with an adverse report under this rule; and shall then be placed on file in the office of the Clerk of the Senate. For further information of the members of the Senate and House of Representatives, the respective Clerks shall also place all such matters under a separate heading in the Calendar of each branch, as soon as is practicable. In each branch the report shall be read and forthwith placed on file; and no further legislative action shall be taken on the measure unless consideration in joint session is called for by vote of either branch, under Section 2 of Part IV of Article XLVIII (as amended by Article LXXXI) of the Amendments to the Constitution. A joint committee to which is referred any recommendation for an amendment to the Constitution made by the Governor or contained in a report authorized to be made to the General Court may report on the recommendation a proposal for a legislative amendment, which shall be deemed to have been introduced by the member of the Senate who reports for the committee; and the procedure as regards reporting, filing and subsequent action shall be that provided for legislative amendments by this rule. Or the joint committee may report ought not to pass for the reason that no legislation is necessary or that the recommendation ought not to pass; and in such cases the usual procedure as regards similar reports by joint committees shall be followed. If such an adverse report is amended in the Senate by substituting a proposal for a legislative amendment, notice of the Senate's action shall be sent to the House and said proposal, together with the official papers relating to the subject, shall be in the custody of the Clerk of the Senate; and if said report is so amended in the House, the proposal, duly endorsed, together with the other papers, shall be sent to the Senate for its information and shall be kept in the custody of its Clerk. No further legislative action shall be taken in either branch on a proposal so substituted unless consideration in joint session is called for under the Constitution. If either branch calls for the consideration of any proposal in joint session, notice of its action shall be sent to the other branch; and it shall then be the duty of the Senate and the House of Representatives to arrange for the holding of the joint session not later than the second Wednesday in May. Subject to the requirements of the Constitution, joint sessions or continuances of joint sessions of the 2 branches to consider proposals for specific amendments to the Constitution, and all rules or procedures, shall be determined only by concurrent votes of the 2 branches. The rules relative to joint conventions shall apply to the joint sessions of the 2 houses. [Adopted Feb. 21, 1919. Amended March 30, 1921; April 11, 1935; Jan. 12, 1939; Jan. 15, 1945; Nov. 9, 1951; Jan. 15, 1973; July 1, 1974; Feb. 12, 2009.]
Executive Reorganization Plans.
23A. Any reorganization plan, accompanied by a bill, submitted by the Governor under Article LXXXVII of the Amendments to the Constitution shall be referred by the Clerks of the Senate and the House, with the approval of the President and Speaker, to a joint standing committee within 5 days of the presentation of the reorganization plan.
Said committee, to which is referred any such reorganization plan, shall, as required by said Article, not later than 30 days after the presentation of such plan by the Governor, hold a public hearing on the reorganization plan; and shall not later than 10 days after such hearing report that it either approves or disapproves such plan.
When recommending action, the committee shall make, in each branch, a separate report of its recommendations, and shall file said report together with the committee's recommendations and the reasons for those recommendations, in writing. Majority and minority reports shall be signed by the members of said committee. Any official papers in the possession of said committee that relate thereto shall be filed with the Clerk of the Senate.
If the committee recommends favorable action, the report shall be that the reorganization plan ‘ought to be approved’. If the committee recommends adverse action, the report shall be that the reorganization plan ‘ought NOT to be approved’. In each instance, the question shall be ‘Shall this reorganization plan be approved?’
In each branch, the report shall be read and forthwith recorded in the Journal. On the legislative day next following the Journal record, the report shall be placed in the Orders of the Day of the Senate and the House.
When the time within which a joint committee is required to report on a reorganization plan has expired, a matter upon which no report has been made shall forthwith be placed in the Orders of the Day by the Clerks of each branch and the question shall be ‘Shall this reorganization plan be approved?’.
When such plan is before either branch, no motion relating to said plan shall be allowed except the motions to lay on the table (only in the Senate), to postpone to a time certain, or to commit or recommit (at the pleasure of either branch). The motions to take a recess, to adjourn, the previous question (if provided in the branch debating the issue), to close debate at a specified time, and the motion to reconsider shall also be in order.
A motion to discharge any committee to which is referred or to which is recommitted a reorganization plan shall not be in order prior to the expiration of 40 days after the Governor's presentation of such plan. After the expiration of said 40 days, a motion to discharge a committee shall be decided by a majority vote of the branch in which the motion is made.
Unless disapproved by a majority vote of the members of either of the 2 branches of the General Court present and voting, the General Court not having prorogued within 60 days from the date of presentation by the Governor, the plan shall be approved and shall take effect as provided by Article LXXXVII of the Amendments to the Constitution.
Within 7 days of the expiration of the 60 days from the date of presentation of said plan by the Governor, unless the question has already been decided, the Clerks of the Senate and House of Representatives shall place the plan in the Orders of the Day; and no motions except the motions to take a recess, to adjourn, and previous question, or to close debate at a specified time, shall be in order.
No such reorganization plan presented to the General Court shall be subject to change or amendment before expiration of such 60 days. [Adopted June 13, 1967; Amended March 27, 1969; June 12, 1995; Feb. 12, 2009.]
Joint Conventions.
24. The President of the Senate shall preside in Conventions of the 2 branches, and such Conventions shall be held in the Representatives' Chamber; the Senate Clerk and Parliamentarian shall be the Clerk of the Convention, and a record of the proceedings of the Convention shall be entered at large on the journals of both branches. [Amended Feb. 20, 2007.]
25. When an agreement has been made by the 2 branches to go into Convention, such agreement shall not be altered or annulled, except by concurrent vote, excepting that it shall be in order to recess the convention from time to time upon a majority vote of said convention. [Amended Jan. 7, 1971 .]
26. No business shall be entered on, in Convention, other than that which may be agreed on before the Convention is formed.
Special Sessions.
26A. If written statements of 21 members of the Senate and 81 members of the House of Representatives, that in their opinion it is necessary that the General Court assemble in special session on a particular date and time specified in their statements during a recess of the General Court, are filed with their respective Clerks, such Clerks shall forthwith notify all the members of their respective branches to assemble at the State House in Boston, on said date at the time so specified. When so assembled, the first business to be taken up shall be the question of the necessity of so assembling, under Article I of Section I of Chapter I of Part the Second of the Constitution of the Commonwealth. If 21 members of the Senate and 81 members of the House of Representatives judge by vote taken by call of the yeas and nays that such assembling of the General Court is necessary, specifying in such vote the facts constituting such necessity, the General Court shall then complete its organization as a special session, proceed to the consideration of the suspension of Joint Rule 12A which if suspended by the required two-thirds of the members of both branches shall permit the General Court to proceed to the consideration of matters properly before it. Nothing in this rule shall prevent the General Court from assembling in any other constitutional manner when it judges necessary. [Adopted Aug. 7, 1939. Amended March 2, 1943; March 27, 19 69; May 5, 1979; July 17, 2003; July 21 and September 20, 2005.]
Joint Elections.
27. In all elections by joint ballot a time shall be assigned for such election at least 1 day previous to such election.
27A. In all cases of elections by ballot a majority of the votes cast shall be necessary for a choice, and where there shall be no such a majority on the first ballot the ballots shall be repeated until a majority is obtained; and in balloting, blanks shall be rejected and not taken into the count in the enumeration of votes, excepting that when the number of blanks shall be more than the number of votes received by the candidate having the highest number of votes, then the election shall be declared void and the balloting shall be repeated as provided herein. [Adopted March 27, 1969 .]
28. [Omitted March 28, 1972 .]
References to the Committees on Rules.
29. All motions and orders authorizing joint committees to travel or to employ stenographers, or authorizing joint committees or special commissions composed as a whole or in part of members of the General Court to make investigations or to file special reports, all propositions reported by joint committees which authorize investigations or special reports by joint committees or by special commissions composed as a whole or in part of members of the General Court, all motions or orders proposed for joint adoption which provide that information be transmitted to the General Court, and all matters referred under the second paragraph of Joint Rule 12, shall be referred without debate to the committees on Rules of the two branches acting concurrently, who shall report on the matter, under Joint Rule 10. All matters which have been referred under this rule shall, in each instance, be reported back into the branch making such reference. [Adopted Jan. 10, 1898. Amended Jan. 20, 1904; Jan. 28, 1913; Feb. 19 and Dec. 22, 1920; April 11, 1935; April 22, 1937; Jan. 27, 1955; Jan. 30, 1967; Oct. 18, 1971.]
29A. Meetings of any special commission, special legislative commission, task force or other group authorized or required by a statute, resolve, rule, or order to make or conduct an investigation or study of any issue shall be conducted openly and transparently. Meetings of any special commission, special legislative commission, task force or other group authorized or required by a statute, resolve, rule, or order to make or conduct an investigation or study of any issue and which are chaired by members of the general court shall be posted and conducted pursuant to the rules of the senate and house of representatives and shall be conducted according to the following requirements:
a.) Meetings shall be open to the public;
b.) Meetings shall be announced by appropriate notice at least 72 hours in advance;
c.) Any documents used in a meeting be provided to the public upon request in a manner to be determined by the chair;
d.) Public testimony shall be accepted in a manner to be determined by the chair;
e.) The chair shall maintain a summary of the subjects discussed at each meeting, a list of documents and other exhibits used at the meetings, and shall maintain a record of proceedings, including a record of all votes. For the purposes of this rule a video or audio recording made available to the public shall be considered an adequate record of the proceedings. [Adopted, Feb. 15, 2017; Amended Mar. 7, 2019.]
30. All motions or orders extending the time within which joint committees and the committees on Rules of the two branches, acting concurrently, are required to report shall be referred without debate to the committees on Rules of the two branches, acting concurrently, who shall report recommending what action should be taken on the motion or order. Such extension shall be granted by a concurrent majority vote if recommended by the committees on Rules of the two branches, acting concurrently; but no such extension shall be granted, against the recommendation of the committees, except by a four-fifths vote of the members of each branch present and voting on the extension. This rule shall not be rescinded, amended or suspended, except by a concurrent vote of four-fifths of the members of each branch present and voting thereon. [Adopted Jan. 16, 1903. Amended Feb. 6, 1912; Feb. 19, 1920; Jan. 6, 1947; Jan. 27, 1955; June 7, 1965.]
Members.
31. A member of either branch who directly or indirectly solicits for such member or others any position or office within the gift or control of a railroad corporation, street railway company, gas or electric light company, telegraph or telephone company, aqueduct or water company, or other public service corporation, shall be subject to suspension for such solicitation, or to such other penalty as the branch of which the person is a member may see fit to impose. [See G. L. 271, sec. 40.] [Adopted May 22, 1902.]
Accommodations for Reporters.
32. Subject to the approval and direction of the committees on Rules of the two branches, acting concurrently, during the session, and of the President of the Senate and the Speaker of the House of Representatives after prorogation, the use of the rooms and facilities assigned to reporters in the State House shall be under the control of the organizations of legislative reporters known as the Massachusetts State House Press Association and the State House Broadcasters Association. No person shall be permitted to use such rooms or facilities who is not entitled to the privileges of the reporters' galleries of the Senate or of the House. Within 10 days after the General Court convenes the Massachusetts State House Press Association and the State House Broadcasters Association shall each transmit to the President of the Senate, the Speaker of the House of Representatives and the Sergeant-at-Arms a list of the legislative reporters with the principal publication or news service which each represents. [Adopted Jan. 27, 1911. Amended Feb. 24, 1914; Feb. 19, 1920; April 17, 1925; May 23, 1979; Feb. 12, 2009.]
Suspension of Rules.
33. Any joint rule except Rule 10 and Rule 30 may be altered, suspended or rescinded by a concurrent vote of two-thirds of the members of each branch present and voting thereon. [Amended Feb. 7, 1893. Adopted in revised form Jan. 9, 1899. Amended Jan. 16, 1903; Jan. 26, 2005.]
Audit of Accounts.
34. The committees on Rules of the two branches, acting concurrently, shall provide that an outside independent audit of joint financial accounts be conducted by a certified public accountant no less frequently that at the end of each second fiscal year. A copy of such audit shall be filed with the Clerks of the Senate and House of Representatives, and made available for public inspection upon reasonable notice and during regular office hours. [Adopted May 30, 1985.]
35. The committees on Rules of the two branches, acting concurrently, shall reexamine the Joint Rules of the House and Senate as needed, but at least every 4 years, and shall report to each branch any recommendations it may have to facilitate the work of the respective branches and the joint standing committees. [Adopted June 12, 1995.]
Procurement.
36. (a) The House Business Manager and Chief Financial Officer of the Senate shall complete the procurement of all goods and services from the joint legislative accounts. Procurements for goods or services shall be made pursuant to a statewide procurement contract established by the operational services division, to the extent practicable, as determined by the House Business Manager and the Chief Financial Officer of the Senate. If the Business Manager and the Chief Financial Officer determine that a procurement cannot be made using a statewide procurement contract established by the operational services division, they may procure the required goods or services under subsections (b), (c) or (d).
(b) Procurement of a supply or service from a vendor not on a statewide procurement contract valued at less than $10,000 shall be made at the discretion of the House Business Manager and the Chief Financial Officer of the Senate.
(c) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure a supply or service from a vendor not on a statewide procurement contract valued at $10,000 or more, but less than $100,000, they shall seek written or oral quotations from not fewer than 3 persons customarily providing such supply or service. The House Business Manager and the Chief Financial Officer of the Senate shall record the names and addresses of all persons from whom quotations were sought , the names and addresses of all persons submitting quotations and the date and amount of each quotation. The House Business Manager and the Chief Financial Officer of the Senate shall transmit said records to House and Senate Counsel for review with a recommendation as to what quotation offers the needed quality of supply or service at the best value for the General Court. Upon completion of the review by the House and Senate Counsels, the House Business Manager and the Chief Financial Officer of the Senate shall award the contract to the responsible person whose quotation offers the needed quality of supply or service and which represents the best value for the General Court.
(d) If the House Business Manager and the Chief Financial Officer of the Senate seek to procure a supply or service from a vendor not on a statewide procurement contract valued at $100,000 or more, the House Business Manager and the Chief Financial Officer of the Senate shall seek proposals through a competitive bid process, which shall be established by the House and Senate Counsel; provided, however, that House and Senate Counsel shall file the competitive bid process with the Clerk of the House and the Clerk of the Senate no later than March 31st of the first year of the session.
(e) The House Business Manager and the Chief Financial Officer of the Senate shall maintain a file on each procurement not executed using a statewide procurement contract established by the operational services division and in excess of $10,000 and shall include in such file all documents constituting the agreement for goods and services and all documents required by subsection (c) or (d). The files maintained shall be available for inspection by members of the General Court during regular business hours unless the information is otherwise protected by state or federal law.
(f) Whenever the time required to comply with a requirement of this rule would endanger the health, safety or convenience of the members, staff or visitors to the House of Representatives or Senate the House Business Manager and the Senate Chief Financial Officer may make an emergency procurement without satisfying the requirement of this rules; provided, however, that both the House Business Manager and the Senate Chief Financial Officer certify in writing that: (i) an emergency exists and explain the nature thereof; (ii) the emergency procurement is limited to only supplies or services necessary to meet the emergency; (iii) shall conform to the requirements of rule to the extent practicable under the circumstances; (iv) each contractor’s name, (v) the amount and the type of each contract; (vi) the supplies or services provided under each contract; (vii) and basis for determining the need for an emergency procurement.
(g) Notwithstanding subsection (a) and (d), all procurements for legal consulting services and legal resources shall be handled exclusively by House and Senate Counsel in compliance with the provisions of this rule.
(h) If, in the determination of the House Business Manager and the Chief Financial Officer of the Senate, an emergency procurement of greater than $10,000 is necessary, the House Business Manager and the Chief Financial Officer of the Senate may procure the goods or services immediately and create and maintain a file explaining the nature of the emergency and the goods or services that were procured as a result. The House Business Manager and the Chief Financial Officer of the Senate shall document the goods or services that were procured, the process used to procure the goods or services, the vendors that were contacted and any other information relevant to the procurement, and make that information available to members of the General Court during regular business hours, unless the information is otherwise protected by state or federal law. [Adopted Mar. 14, 2013; Amended Feb. 15, 2017; Mar. 7, 2019].
INDEX TO JOINT RULES
OF THE TWO BRANCHES
[The figures refer to the numbers of rules.]
Accounts, audit, 34.
AMENDMENTS:
of rules, vote required, 10, 12, 30, 33.
to Constitution, procedure, 23.
to engrossed Bills, 22.
BILLS AND RESOLVES:
after passage to be engrossed, to be in charge of Clerks, etc., 17.
carry over, first to second session, 12B.
committee bills, 3A.
containing emergency preambles, procedure, 22.
enacted, to be laid before the Governor by Clerk of the Senate, 20.
for special legislation, not to be reported if object is attainable by general or existing laws, 7.
how to be written, 6.
how printed, etc., 21.
may be reported to either branch except, etc., 4.
money, to be reported to the House, 4.
recommittal of, 5.
specially affecting rights of individuals or corporations, not to be reported except on petition, etc., 8.
Bills in the Third Reading, committee on.
may make non-substantive changes after bill engrossed in both branches, 22A.
to approve reports of conference committees, 11.
Blank ballots not to be counted in elections, etc., 27A.
Cities, petitions affecting, 7B, 12.
CLERKS:
papers deposited late with, disposition, 12.
papers on passage between the two branches to be under signature of, except, etc., 16.
papers to be deposited with, and referred to committees, 13
Senate Clerk shall be Clerk of joint Convention, 24.
Senate Clerk shall lay enacted bills, etc., before Governor, 20.
shall endorse amendments or reports of committees, 15.
shall endorse where bill or resolve originated, 19.
shall have charge of bills, etc., after passage to be engrossed, etc., 17.
to certify bills and resolves to rightly and truly prepared for final passage, 17.
to notify members to assemble for special sessions, 26A.
to place unreported matters in the Orders of the Day when time for reporting expires, 10.
to submit certain petitions to State Secretary, 9.
COMMITTEES:
bills specially affecting individuals or corporations not to be reported when notice, etc., 8.
bills reported by joint, how to be written, 6.
Cannabis Policy committee, 1.
Cellular telephones, etc., prohibit, 1D.
decorum, chairs of each committee preserve, 1D.
fiscal notes, 4A.
Export Development committee, 1.
form of reports, 10A.
if report is amended in either branch, to be endorsed by Clerk, 15.
Health Care Financing
deadline for reporting, 10.
reports not to be read prior to reference to, 1E.
limit of time for reports, etc., 10, 30.
limit number of bills to be heard, 1D.
members of Legislature not to act as counsel before, 2.
motions and orders extending time within which, may report, to be referred to committees on Rules, 30.
not to sit during recess of General Court unless authorized by the two branches, 3.
notice of hearings, 1D.
of conference, 1A, 11, 11A, 11B.
on Rules to regulate distribution of documents, 21.
open meetings, 1A, 1D.
orders authorizing joint, to travel or employ stenographers, to be referred to committees on Rules, 29.
executive sessions, 1D,
oversight activities and Internet posting, 1.
posters, etc. prohibit, 1D.
proposals for amendments to the Constitution, reports of, on, 23.
public hearings, 1B.
public testimony, physical address and e-mail, 1D.
recording of meetings of, 1D.
report of, without being founded upon petition, 3A.
reports of, recommittal of, 5.
reports of, 4, 10.
reports of, subsequently referred to a joint committee (except for Health Care Financing), to be reported to branch in which original report was made, 4.
reports of, may be made to either branch, except, etc., 4.
roll call votes, 4.
rules of procedure and Internet posting, 1.
schedule of hearings, 1C, 1D.
special legislation to be reported against, if purpose can be secured by general or existing law, 7.
standing, appointment, number of members, etc., 1.
Summaries of bills, etc., prior to executive sessions, 1D.
testimony before, physical addresses and e-mail, 1D.
to report money bills to House, 4.
to report adversely on petitions not advertised according to law, etc., 9.
travel of, 3.
visual aides, posters, etc., prohibit, 1D.
written statement of intent, 13.
CONFERENCE, COMMITTEES OF, 1A, 11, 11A, 11B, 11C, 11D, 11E.
addendum procedures, 11E.
appropriation bills, 11A.
availability, etc., 11B.
committee on Bills in the Third Reading approval, etc., 11.
conference to consist of 3 members, 11.
errata procedures, 11E.
internet posting, 11D.
may be accepted or rejected, 11.
minority party members, 11.
open to the public, except, 1A.
shall be made to the branch in which the matter was introduced, 4.
summary to be filed with the clerk, 11C.
Constitution, amendments to, procedure relative to, 23.
CONVENTIONS OF BOTH BRANCHES:
agreement to go into Convention shall not be altered except by concurrent vote, 25.
Clerk of Senate to be Clerk; record to be made in journals of both branches, 24.
held in Representatives' Chamber, 24.
no business to be transacted except that before agreed upon, 26.
President of Senate shall preside, 24.
Corporations, legislation affecting, 8, 9.
Counsel, no member shall act as, before committees, 2.
Counsels to Senate and House, 1.
Counties, certain petitions to require approval of county commissioners, 7A, 7B.
Documents, distribution, printing and publishing, etc., 21.
Elections by joint ballot, to be assigned one day previous, 27.
blank ballots not to be counted, etc., 27A.
Emergency laws, 16, 17, 22.
Employee handbook, 1.
Engrossed bills
amendments to, 22.
in charge of Clerks; to be prepared for final passage and certified by Clerks, 17.
Evidence, printing of extended reports, 21.
Executive reorganization plans, 23A.
Fiscal notes, 4A.
General law to be preferred to special legislation, 7.
GOVERNOR:
executive reorganization plans, 23A.
may submit recommendations during special sessions, 12.
papers requiring approval of, to be submitted to, by Clerk of the Senate, 20.
recommendations of, for amendments to the Constitution, 23.
Home rule legislation, 7B, 12.
Human Resources offices, Senate and House, employee handbook, 1.
Individuals, legislation affecting, 8.
Information, motions and orders for joint adoption providing that, be transmitted to the General Court, 29.
Intent statement, petitioners and committees. 13.
Internet, posting of certain information on, 1.
Investigations, propositions involving special, to be referred to committees on Rules, acting concurrently, 29.
Joint conventions and joint sessions of the two houses, 23-26.
Joint petitions, 6A.
JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES:
papers deposited to be entered in, 13.
proceedings of joint conventions to be recorded in, 24.
record of date bills laid before Governor, 20.
LEGISLATION:
affecting rights of individuals or corporations, must be introduced by petition, 8.
intent statements, petitioners, 13.
subjects of, to be deposited with Clerks, 12, 13.
Legislative accounts, audits, 34.
Legislative sessions, limit, 12A.
LIMITS OF TIME:
for filing statements calling for special sessions during recess, 26A.
for holding of joint session for consideration of Amendments to the Constitution, 23.
for introduction of new business, 12.
for legislative sessions, first and second year of General Court, 12A.
for reports, 10, 30.
for transmission of list of legislative reporters, 32.
LOCAL APPROVAL
compliance subsequent to filing, 7B.
substantive amendments to filed with House and Senate counsels, 7D.
valid until end of next biennial session, 7C.
MEMBERS:
majority may assemble in special session, 26A.
not to act as counsel before committees, 2.
not to purchase stock or other securities of corporations or associations when legislation affecting such corporations or associations is pending, 2A.
not to solicit employment for themselves or others, 31.
written statement of intent of legislation, 13.
Memorials contemplating legislation deposited with Clerks late, disposition, 12.
Messages between the two branches, 16.
Motions, certain, to be referred to the committee on Rules, 29, 30.
New business, limit of time allowed for, 12.
Notice of legislation specially affecting the rights of individuals or corporation to be given, 8.
Orders, certain, to be referred to the committees on Rules, 29, 30.
Orders of the Day, unreported matters to be placed in, by Clerks, 10.
PAPERS:
certain, to be printed in advance, 13.
on passage between the two branches to be under Clerks' signatures, except, etc., 16.
reading may be dispensed with, 13.
requiring approval of Governor to be laid before him by Clerk of the Senate, 20.
to be deposited with Clerks, etc., 13.
written statements of intent, 13.
PETITIONS.
adverse reports on, to be made to branch in which introduced, 4.
deposited with Clerks subsequently to last hour for filing, to be referred to the committees on Rules of the two branches, acting concurrently, 12.
for amendments to Constitution, 23.
for legislation affecting a particular city or town, 7B, 12.
for the establishment or revival, or for the amendment, alteration or extension of the charter or corporate powers or privileges, or for the change of name, of any corporation (except a public service corporation) to be transmitted to State Secretary, etc., 9.
for the incorporation of a city or town, for the annexation, consolidation or division of municipalities, for the incorporation, revival, amendment of corporate powers or change of name of public service corporations, for authority to take water for water supply, or relative to building structures in or over navigable or tide waters, to be placed on file, unless, etc., 9.
intent statements, 13.
that a county be authorized to retire or pension or grant an annuity, or to pay any accrued salary or claim for damages, or to alter any county or municipal retirement law, or to reinstate former employees, to be reported adversely, unless, etc., 7A.
to be admitted during special sessions, 26A.
to be deposited with Clerks and referred to committees, 13.
Placed on file, 10A, 12.
Preambles, emergency, vote on, 22.
Procurement contracts , 36.
PRESIDENT OF THE SENATE:
approval of facilities used by legislative reporters, 32.
to approve references to committees, 13.
to preside in joint session, 24.
Printing, how ordered, provided, etc., 13, 21.
Public service corporations, penalty for members soliciting position within control of, 31.
Publishing of documents, how ordered, provided, etc., 21.
Reading of papers, may be dispensed, 13.
Recess committees, 3.
Recommitment of reports, bills and resolves, 5.
Reporters, use of rooms and facilities assigned to, to be under control of State House Press Association, etc., 32.
Reports made to Legislature not to be referred to the committees on Rules of the two branches, acting concurrently, under the rule, 12.
number to be published, 21.
Reports of committees. See Committees.
form of, 10A.
Recision of rules, vote required, 10, 12, 30, 33.
Resolutions, certain, deposited with Clerks late, disposition, 12.
Resolves: See Bills and Resolves.
RULES, COMMITTEE ON:
authority to prescribe manner and form of keeping dockets of legislative counsel and agents, 14.
certain motions and orders to be referred to, 29, 30.
formal sessions, establish schedule, 1.
limit of time for reports, 10, 30.
may make regulations for distribution of documents, 21.
may suggest measures to facilitate business, 1.
recommend rules changes, every four years, 35.
rooms and facilities assigned to reporters subject to approval of, 32.
SECRETARY OF THE COMMONWEALTH:
legislation affecting corporations, 9.
SERGEANT-AT-ARMS:
duties relative to travel of committees, 3.
to receive list of legislative reporters, 32.
SPEAKER OF THE HOUSE OF REPRESENTATIVES:
approval of facilities used by legislative reporters, 32.
to approve references to committees, 13.
Special commissions or task forces, transparency, etc., 29A.
SPECIAL LEGISLATION:
affecting individuals or corporations, must be based on petition, 8.
affecting particular cities and towns, 7B, 12.
not to be granted if object is attainable under general or existing laws, 7.
SPECIAL SESSIONS:
matters to be considered at, 12.
method of assembling, 26A.
Standing committees, appointment and number, 1.
State House Press Association, legislative reporters, 32.
Stenographers, motions or orders authorizing committees to employ, to be referred to committees on Rules, 29.
Suspension of rules, vote required, 10, 12, 30, 33.
Task forces and commissions, transparency, etc., 29A.
Towns, petitions affecting, 7B, 12.
Travel and traveling expenses of committees, 3, 29.
Ways and Means, committee on, matters referred to either may be
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': None, 'GeneralCourtNumber': 193, 'Details': None}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/1/'}, {'AmendmentNumber': '1', 'ParentBillNumber': 'H2025', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/Senate/Amendments/1/'}, {'AmendmentNumber': '2', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/2/'}, {'AmendmentNumber': '3', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/3/'}, {'AmendmentNumber': '4', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/4/'}, {'AmendmentNumber': '5', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/5/'}, {'AmendmentNumber': '6', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/6/'}, {'AmendmentNumber': '7', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/7/'}, {'AmendmentNumber': '8', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/8/'}, {'AmendmentNumber': '9', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/9/'}, {'AmendmentNumber': '10', 'ParentBillNumber': 'H2025', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2025/Branches/House/Amendments/10/'}]
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An Act to hold property owners accountable for recurring public nuisance
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H2026
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HD1173
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:15:13.727'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:15:13.7266667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2026) of Bruce J. Ayers relative to holding property owners accountable for recurring municipal public nuisance complaints. Municipalities and Regional Government.
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Section 1. This bill shall hold property owners that face multiple public nuisance complaints accountable. After 10 police calls regarding complaints from or involving a specific location over a period of 1 year, the property owner shall be responsible for the cost associated with any additional police calls and other costs incurred by the police department and/or municipality.
Section 2. Any funds collected from property owners based on this legislation shall go back towards the municipality.
Section 3. Enforcement of this legislation is at the discretion of the Chief of Police or other local authority of the city or town where the property is located.
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An Act relative to puppy mills
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H2027
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HD1174
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:15:56.98'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:15:56.98'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-16T13:01:30.0866667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2027) of Bruce J. Ayers relative to commercial breeder dog kennels. Municipalities and Regional Government.
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SECTION 1. Section 136A of chapter 140 of the General Laws is hereby amended by striking out, in line 49, the words “, commercial breeder kennel”.
SECTION 2. Said chapter 140 is hereby amended by inserting after section 137D, as so appearing, the following section:-
Section 137E. (a) A person maintaining a commercial breeder kennel shall obtain a breeder license to be issued by the city or town in which such commercial breeder kennel is located. Each such license shall be renewed annually upon application of the commercial breeder kennel to such city or town.
(b) A breeder license shall be in lieu of any other license for a dog kept at the kennel during any portion of the period for which the breeder license is valid. A breeder licensee shall cause each dog kept in its kennel to wear, while it is at large, a collar or harness of leather or other suitable material, to which a tag shall be securely attached. The tag shall have inscribed upon it the number of the breeder license, the name of the city or town issuing the breeder license and the year of issue. Tags shall be furnished to the owner or keeper by the licensing authority in quantities not less than the number of dogs kept in the kennel. The issuing city or town shall determine the period of time for which a breeder license shall be valid, including the date of issuance of the breeder license through the date on which the breeder license expires, inclusive, and shall further determine the fee for the issuance and renewal of the breeder license. To determine the amount of the breeder license fee for a commercial breeder kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.
(c) Every holder of a breeder license, on delivering an unlicensed dog to a purchaser or to any other person, shall attach to such dog a collar or harness which shall carry a tag marked with the name and address of such breeder licensee, and a number, which number shall be properly recorded on the records of such licensee, and shall also furnish to the person to whom the dog is delivered a certificate bearing the same number and a description of the dog. Such certificate shall bear the date of purchase, exchange or gift and, with the tag, shall, for a period of two weeks following such date, be a legal substitute for a license. The purchaser or other recipient of a dog shall, within 2 weeks of the purchase or receipt of such dog, either return the same to the breeder licensee from whom it was received, together with the collar or harness, tag and certificate, or return to such licensee said tag, and a certificate signed by the clerk of the town or city where the dog is to be kept and certifying that the dog has been licensed in the name of such purchaser or recipient or of some other person. If any such purchaser or recipient fails to comply with the preceding sentence, such breeder licensee shall notify the clerk of the town or city in which he is licensed of the purchase, exchange or gift of such dog and shall furnish to such clerk the date thereof, and the name and address of the purchaser or recipient.
(d) The commissioner or a animal control officer may at any time inspect, or cause to be inspected by a registered veterinarian approved by the commissioner, any commercial breeder kennel and if, in the judgment of the commissioner: (1) such location is not being maintained in a sanitary and humane manner; (2) the owner or keeper of such location does not comply with the standard of care applicable to breeders, as set forth by the commissioner; or (3) if the commissioner finds that communicable or infectious disease or other unsatisfactory conditions exist, the commissioner may issue such orders as the commissioner deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such location fails to comply with such orders, the commissioner may recommend the revocation or suspension of such license to the city or town that issued such license.
(e) Any person aggrieved by any order issued under the provisions of this section may appeal to the superior court.
(d) Any commercial breeder kennel that sells or exchanges a dog after such license has been revoked or suspended pursuant to this section shall be fined not less than $50 nor more than $100.
SECTION 3. Section 137C of chapter 140 is hereby amended by inserting after the word “kennel”, in line 3, the first time it appears the following words:- , which for purposes of this section shall include a commercial breeder kennel.
SECTION 4. (e) Not later than December 31, 2025, the commissioner of agricultural resources shall prescribe the standard of care to be provided to dogs by any owner or keeper of a commercial breeder kennel pursuant to section 137E of chapter 140 of the General Laws. Such standard of care shall require, at a minimum, the commercial breeder kennel to provide appropriate living space, shelter, nutrition and sanitary conditions to each dog housed at the commercial breeder kennel, whether or not the dog is to be sold.
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An Act to remove barriers and create affordable housing
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H2028
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HD3391
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-20T12:17:43.247'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-20T12:17:43.2466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:17:07.55'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:25:39.1033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:05:34.8533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:12:37.92'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:30:07.07'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T11:30:49.72'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:51:49.7666667'}]
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2028) of Christine P. Barber and others for legislation to remove zoning barriers to help create affordable housing. Municipalities and Regional Government.
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SECTION 1. Section 3A, of Chapter 40A of the General Laws, as appearing in 2020 Official Edition is hereby amended by adding in line 22 after the word “section” the following:
“Provided, however, that no regulations promulgated under this section may limit in any way a municipality’s ability to require a minimum number of affordable units within a zoning district created pursuant to this section.”
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An Act to use more inclusive language for the Lanesborough board of selectmen
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H2029
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HD246
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-11T12:41:36.393'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-11T12:41:36.3933333'}]
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 2029) of John Barrett, III (by vote of the town) relative to changing the board of selectmen of the town of Lanesborough to a select board. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, the executive body of the town of Lanesborough, previously known as the Board of Selectmen, shall be known as the Select Board and shall have the powers and authority of a Board of Selectmen under any general or special law; provided, that the members of the Select Board, previously known as Selectmen, shall be known as Select Board members.
SECTION 2. Notwithstanding sections 21 and 32 of chapter 40 of the General Laws, section 5 of chapter 40A of the General Laws or any general or special law to the contrary, the select board of the town of Lanesborough may amend the general by-laws and zoning by-laws of the town by majority vote to revise all references to the board of selectmen and its members to select board and select board member, respectively, in accordance with section 1.
SECTION 3. This act shall take effect upon its passage.
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[{'Description': 'Home Rule', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16919&title=Home%20Rule'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}]
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An Act protecting vulnerable adults from financial exploitation
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H203
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HD2151
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T11:01:04.527'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-19T11:01:04.5266667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-01T11:40:15.8033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H203/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 203) of Paul McMurtry and Brian M. Ashe relative to financial exploitation of certain adults with disabilities. Children, Families and Persons with Disabilities.
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The General Laws are hereby amended by inserting after chapter 110H the following chapter:-
Chapter 110I.
FINANCIAL EXPLOITATION
Section 1. The following words, whenever used in this chapter shall, unless a different meaning clearly appears from the context, have the following meanings:-
“Agencies”, (1) the secretary of the commonwealth and (2) the disabled persons protection commission established pursuant to section 2 of chapter 19C, if the eligible adult is under the age of 60, or the executive office of elder affairs, if the eligible adult is 60 years or older.
“Agent”, as defined in section 401 of chapter 110A.
“Broker-dealer”, as defined in section 401 of chapter 110A.
“Eligible adult”, a person 60 years of age or older or a disabled person, as defined in section 1 of chapter 19C.
“Financial exploitation”, (2) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets or property of an eligible adult; or (2) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (a) obtain control, through deception, intimidation or undue influence, over the eligible adult’s money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of his or her money, assets or property; or (b) convert money, assets or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit or possession of his or her money, assets or property.
“Investment adviser”, as defined in section 401 of chapter 110A.
“Investment adviser representative”, as defined in section 401 of chapter 110A.
“Qualified individual”, any agent, investment adviser representative or person who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser.
Section 2. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual may promptly notify: (1) the secretary of the commonwealth and (2) the disabled persons protection commission established pursuant to section 2 of chapter 19C, if the eligible adult is under the age of 60, or the executive office of elder affairs, if the eligible adult is 60 years or older.
Section 3. A qualified individual that in good faith and exercising reasonable care makes a disclosure of information pursuant to section 2 shall be immune from administrative or civil liability that might otherwise arise from such disclosure or for any failure to notify the customer of the disclosure.
Section 4. If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, a qualified individual may notify any third party previously designated by the eligible adult. Disclosure shall not be made to any designated third party that is suspected of financial exploitation or other abuse of the eligible adult.
Section 5. A qualified individual that, in good faith and exercising reasonable care, complies with section 4 shall be immune from any administrative or civil liability that might otherwise arise from such disclosure.
Section 6. (1) A broker-dealer or investment adviser may delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if: (a) the broker-dealer, investment adviser or qualified individual reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult; and (b) the broker-dealer or investment adviser: (i) immediately, but in no event more than 2 business days after the requested disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult; (ii) immediately, but in no event more than 2 business days after the requested disbursement, notifies the agencies; and (iii) continues its internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and reports the investigation’s results to the agencies within 7 business days after the requested disbursement.
(2) Any delay of a disbursement as authorized by this section will expire upon the sooner of: (a) a determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the eligible adult; or (b) 15 business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless either of the agencies requests that the broker-dealer or investment adviser extend the delay, in which case the delay shall expire no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated by either of the agencies or an order of a court of competent jurisdiction.
(3) A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief based on the petition of: (1) the secretary of the commonwealth, (2) the disabled persons protection commission established pursuant to section 2 of chapter 19C, if the eligible adult is under the age of 60, or the executive office of elder affairs, if the eligible adult is 60 years or older, (3) the broker-dealer or investment adviser that initiated the delay pursuant to this section or (4) another interested party.
Section 7. A broker-dealer or investment adviser that, in good faith and exercising reasonable care, complies with section 6 shall be immune from any administrative or civil liability that might otherwise arise from such delay in a disbursement.
Section 8. A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the disabled persons protection commission established pursuant to section 2 of chapter 19C, if the eligible adult is under the age of 60, or the executive office of elder affairs, if the eligible adult is 60 years or older and law enforcement, either as part of a referral to the agency or to law enforcement, or upon request of the agency or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult. All records made available to agencies pursuant to this section shall not be considered a public record as defined in section 7 of chapter 4 or chapter 66. Nothing in this section shall limit or otherwise impede the authority of the state secretary to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.
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An Act to amend the Williamstown town charter by making all gender references therein gender neutral
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H2030
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HD690
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T09:20:55.917'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T09:20:55.9166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2030/DocumentHistoryActions
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 2030) of John Barrett, III (by vote of the town) that the town of Williamstown be authorized to amend the charter of said town by making all gender references therein gender neutral. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Section 1 of the charter of the town of Williamstown, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words “majority of the Selectmen” and inserting in place thereof the following words:- majority of the Select Board Members.
SECTION 2. Section 3 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 3. Said section 3 of said charter is hereby further amended by striking out the word “Selectman”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Member.
SECTION 4. Section 4 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 5. Section 5 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- their.
SECTION 6. Said section 5 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 7. Said section 5 of said charter is hereby further amended by striking out the word “Chairman” and inserting in place thereof the following word:- Chairperson.
SECTION 8. Section 6 of said charter is hereby amended by striking out the words “Chairman of the Selectmen” and inserting in place thereof the following words:- Chairperson of the Select Board Members.
SECTION 9. Section 7 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 10. Said section 7 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 11. Section 8 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 12. Said section 8 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 13. Section 9 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 14. Said section 9 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 15. Section 10 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.
SECTION 16. Said section 10 of said charter is hereby further amended by striking out the words “he was” and inserting in place thereof the following words:- they were.
SECTION 17. Said section 10 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 18. Said section 10 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following words:- the Town Manager.
SECTION 19. Said charter is hereby further amended by striking out section 11 and inserting in place thereof the following section:-
Section 11. Appointment of Town Manager. The Select Board Members elected as provided herein shall appoint, as soon as practicable, a Town Manager, who shall be a person especially fitted by training and experience to perform the duties of the office. The Town Manager shall be appointed without regard to their political beliefs. The Town Manager need not be a resident of the town during the term of their office. Before entering upon the duties of their office, the Town Manager shall be sworn to the faithful and impartial performance thereof by the Chairperson of the Select Board Members, or by the Town Clerk, or by a Justice of the Peace. The Town Manager shall execute a bond in favor of the town for the faithful performance of their duties in such sum and with such surety as may be fixed or approved by the Select Board Members.
SECTION 20. Section 12 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 21. Section 13 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.
SECTION 22 Said section 13 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 23. Said section 13 of said charter is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- In the preliminary resolution the Select Board Members may suspend the Manager from duty, but shall in any case cause to be paid to the Manager forthwith any unpaid balance of the Manager’s salary and the Manager’s salary for the next three calendar months following the filing of the preliminary resolution.
SECTION 24. Section 14 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following word:- their.
SECTION 25. Said section 14 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 26. Subsection (a) of section 15 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 27. Subsection (b) of said section 15 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 28. Said subsection (b) of said section 15 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following words:- the Town Manager.
SECTION 29. Subsection (c) of said section 15 of said charter is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The Town Manager may in like manner appoint and remove such other officers and employees as the Town Manager deems necessary to carry out the powers and duties imposed upon the Town Manager by this Act.
SECTION 30. Subsection (d) of said section 15 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the Town Manager.
SECTION 31. Subsection (e) of said section 15 of said charter is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- Select Board.
SECTION 32. Said subsection (e) of said section 15 of said charter is hereby further amended by striking out “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 33. Subsection (f) of said section 15 of said charter is hereby amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the Town Manager’s.
SECTION 34. Said subsection (f) of said section 15 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 35. Subsection (g) of said section 15 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 36. Said subsection (g) of said section 15 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following words:- the Town Manager.
SECTION 37. Subsection (j) of said section 15 of said charter is hereby amended by striking out the word “him” and inserting in place thereof the following words:- the Town Manager.
SECTION 38. Said subsection (j) of said section 15 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 39. Subsection (k) of said section 15 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 40. Said subsection (k) of said section 15 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 41. Subsection (l) of said section 15 of said charter is hereby amended by striking out the word “his” and inserting in place thereof the following words:- the Town Manager’s.
SECTION 42. Said subsection (l) of said section 15 of said charter is hereby further amended by striking out the word “him” and inserting in place thereof the following words:- the Town Manager.
SECTION 43. Said subsection (l) of said section 15 of said charter is hereby further amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 44. Subsection (m) of said section 15 of said charter is hereby amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following words:- the Town Manager’s.
SECTION 45. Said subsection (m) of said section 15 of said charter is hereby further amended by striking out the word “him” and inserting in place thereof the following words:- the Town Manager.
SECTION 46. Section 16 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 47. Said section 16 of said charter is hereby further amended by striking out the word “his”, each time it appears, and inserting in place thereof, in each instance, the following word:- their.
SECTION 48. Said section 16 of said charter is hereby further amended by striking out the word “he” and inserting in place thereof the following word:- they.
SECTION 49. Section 17 of said charter is hereby amended by striking out the word “he” and inserting in place thereof the following words:- the Town Manager.
SECTION 50. Section 18 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 51. Section 19 of said charter is hereby amended by striking out the word “he” and inserting in place thereof the following word:- they.
SECTION 52. Said section 19 of said charter is hereby further amended by striking out the word “him” and inserting in place thereof the following words:- the Town Manager.
SECTION 53. Said section 19 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 54. Section 20 of said charter is hereby amended by striking out the word “Selectman” and inserting in place thereof the following words:- Select Board Member.
SECTION 55. Said section 20 of said charter is hereby further amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 56. Said section 20 of said charter is hereby further amended by striking out the word “his” and inserting in place thereof the following word:- their.
SECTION 57. Section 22 of said charter is hereby amended by striking out the word “Selectmen” and inserting in place thereof the following words:- Select Board Members.
SECTION 58. Section 23 of said charter is hereby amended by striking out the word “Selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- Select Board Members.
SECTION 59. This act shall take effect upon its passage.
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[{'Description': 'Home Rule', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16931&title=Home%20Rule'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act relative to the Adams Fire District
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H2031
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HD697
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T10:25:17.94'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T10:25:17.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2031/DocumentHistoryActions
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 2031) of John Barrett, III relative to the Adams Fire District. Municipalities and Regional Government.
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SECTION 1. The Adams Fire District is hereby authorized to operate and maintain an Enterprise Funds for its water department pursuant to the provisions of MGL Chapter 44, Section 53F1/2.
SECTION 2. All previous transactions made in the name of the Adams Fire District Enterprise funds are hereby ratified and validated.
SECTION 3. This Act shall take effect upon passage.
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An Act extending the boundaries of the Adams Fire District
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H2032
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HD789
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T13:00:23.58'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-17T13:00:23.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2032/DocumentHistoryActions
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 2032) of John Barrett, III relative to the boundaries of the Adams Fire District. Municipalities and Regional Government.
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SECTION 1. The Boundaries of the Adams Fire District shall be coterminous with the boundaries of the Town of Adams.
SECTION 2. Water service boundaries are set per the elevations listed in the most current “Rules and Regulations of the Adams Fire District Governing the Design and Construction of Water Systems”. Any requests for water service outside these established boundaries will need to be approved by District Voters and the request be submitted following the most current “Adams Fire District Bylaws”. All new installations outside the water service boundaries will be subject to the most current “District Rules and Regulations of the Adams Fire District Governing the Design and Construction of Water Systems”.
SECTION 3. This Act shall take effect upon passage.
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An Act relative to reimbursement of training expenses for peace officers
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H2033
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HD3179
| 193
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{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:56:02.447'}
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[{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:56:02.4466667'}, {'Id': None, 'Name': 'Suffolk County Sheriff Steven W. Tompkins', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:16:15.84'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-27T17:01:25.7366667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T17:01:25.7366667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-27T17:01:25.7366667'}]
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Bill
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By Representative Biele of Boston, a petition (accompanied by bill, House, No. 2033) of David Biele and others relative to reimbursement of training expenses for peace officers. Municipalities and Regional Government.
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Notwithstanding any general or special law to the contrary and unless otherwise provided in an employment contract, if any city, town or political subdivision of the commonwealth employs a peace officer and said peace officer is hired by another city, town or political subdivision of the commonwealth within 12 months after completing mandated or formalized training requirements, then the total expense of training, including salary paid during training, shall be reimbursed by the hiring city, town, or political subdivision of the commonwealth to the city, town, or political subdivision of the commonwealth which provided for said peace officer's training.
In order to receive reimbursement, a city, town, or political subdivision of the commonwealth must provide documentation that the peace officer in question signed an acknowledgment of terms or an employment contract specifying the provisions set forth herein.
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An Act relative to increasing affordable and public housing options
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H2034
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HD2124
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T14:19:08.253'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T14:19:08.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2034/DocumentHistoryActions
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 2034) of Daniel Cahill relative to increasing affordable and public housing options for multi-family zoning as-of-right in MBTA communities. Municipalities and Regional Government.
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SECTION 1. Section 3a of Chapter 40a of the General laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, after the word “corporation” in line 57, the following words:- or by a housing authority for creation of affordable or public housing purposes
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An Act to prevent nonprofit institutions from avoiding wetlands or natural resource protections under the so-called Dover Amendment
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H2035
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HD905
| 193
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{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-17T15:14:36.01'}
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[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-17T15:14:36.01'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2035/DocumentHistoryActions
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Bill
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By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 2035) of Peter Capano relative to zoning restrictions for land or structures for religious or educational purposes. Municipalities and Regional Government.
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SECTION 1. The General Court hereby finds and declares that the use of the so-called Dover amendment by nonprofit institutions to avoid wetland or natural resource area protections may be harmful to the public health and environment.
SECTION 2. Section 3 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 53, the words “restrict the” and inserting in place thereof the following words:- restrict, other than through wetlands or natural resource area protections, the.
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An Act enabling municipal pre-foreclosure mediation
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H2036
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HD3248
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{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T11:14:55.317'}
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[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T11:14:55.3166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2036/DocumentHistoryActions
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Bill
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By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 2036) of Peter Capano for legislation to authorize municipalities to establish foreclosure mediation programs. Municipalities and Regional Government.
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Chapter 244 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 35C the following section:-
Section 35D. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Certificate of mediation completion”, a certificate issued by the mediation program manager upon good faith effort in mediation if a mutually-agreeable commercially reasonable alternative to foreclosure cannot be reached.
“Commercially reasonable alternative”, an alternative based on a comparison of the net present value of receiving payments pursuant to a modified mortgage loan, or the likely financial recovery from other foreclosure alternatives, to the anticipated net recovery following foreclosure incorporating an assessment of the borrower’s current circumstances, including, without limitation, the borrower’s current income, debts, and obligations.
“Entity”, a natural person, business organization, or any other kind of organization, including without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship, or any other category of organization, and any employee, agent, servant or other authorized representative of such entity.
“Eviction”, any action, without limitation, by a foreclosure sale purchaser of residential property, which is intended to compel an occupant to vacate or to be constructively evicted from such residential property.
“Fair market rent”, an amount equal to that established by the United States Department of Housing and Urban Development pursuant to 42 U.S.C. § 1437f(c)(1), as it exists or which may be amended, for a unit of comparable size in the area in which the residential housing is located.
“Foreclosed property”, a property on which a foreclosure deed has been recorded until such property has been purchased from a foreclosing entity by a party who is not the foreclosing entity, itself.
“Foreclosing owner:, an entity that either: held or owned a mortgage loan secured by the property at any point prior to the foreclosure of the property or is the subsidiary, parent, or agent of, or otherwise is related to any entity which held or owned the mortgage in the property at any time prior to the foreclosure of the property; and holds title to this property that it acquired at a foreclosure sale or by any other method of foreclosure and holds a security interest in 3 or more mortgage loans. For purpose of this definition, the phrase ‘hold title’ shall include an entity which holds title in any capacity, directly or indirectly, without limitation, whether in its own name, as trustee or as beneficiary.
“Foreclosing property”, a property on which the mortgagee or its agent has filed a complaint with the land court or superior court pursuant to the Massachusetts Soldiers’ and Sailors’ Civil Relief Act (St. 1943, c. 57 (1943), as amended through St. 1988, c. 142) until such time as a foreclosure deed has been recorded in the registry of deeds in which the property is located.
“Foreclosure”, termination of a mortgagor's equity of redemption in property, by action, bill in equity, entry or power of sale.
“Foreclosure sale”, the foreclosure of a mortgage of a residential property pursuant to a power of sale in a mortgage and as described in this chapter.
“Foreclosure sale purchaser”, a foreclosing owner or a person or entity who purchases residential property from a foreclosing owner and not intending to reside or have a family member reside in such residential property as the primary residence.
“Good faith effort”, each party to the mediation is present, has decision-making authority to negotiate and agree upon a commercially reasonable alternative to foreclosure, provides required documentation, and actively participates in the mediation process.
“Mediation conference”, the formal discussion and negotiation undertaken by the parties in a good faith effort to negotiate and agree upon a commercially reasonable alternative to foreclosure, and held in the municipality or at a location mutually convenient to the parties. Both the mortgagor and mortgagee or its mortgage servicer must be physically present for the mediation conference unless telephone participation is mutually agreed upon and the mediation program manager certifies that the mortgagor has been made aware of the mortgagor’s right to an in-person mediation conference. The mortgagor shall be allowed to have a lawyer, an interpreter, and up to 3 additional persons of the mortgagor’s choosing present at the mediation conference. The mortgagor shall be notified of this right at the time the mediation conference is scheduled by the mediation program manager.
“Mediation program”, “Massachusetts Foreclosure Mediation Program” or “the program”, the program created pursuant to subsection (b). the foreclosure mediation program established by a municipality pursuant to this section.
“Mediation program manager”, a neutral not-for-profit organization, attorney, or qualified third party experienced in the mediation of the foreclosure process, familiar with all programs available to help homeowners avoid foreclosure, knowledgeable of the mortgage foreclosure laws of the commonwealth, and having no ownership interest or management interest in residential housing in the municipality other than their primary residence. The mediation program manager shall sign a user agreement with the municipality authorizing the receipt and use of personal and financial information for the purposes of the mediation program only. the mediation program manager shall ensure the security and confidentiality of any and all information received or exchanged under the program consistent with applicable federal, state, and municipal laws. Access to such program information shall be limited to those officers and employees of the organization who require the information to properly perform services under the mediation program, and that the organization and its officers and employees may not access, modify, use or disseminate such information for inconsistent or unauthorized purposes.
“Mediator”, an individual, (i) trained in compliance with the qualification standards for neutrals specified in the guidelines for training mediators adopted by the Supreme Judicial Court of Massachusetts pursuant to Rule 8 of the Uniform Rules for Dispute Resolution; (ii) trained in mediation and the Massachusetts foreclosure process; and knowledgeable of the mortgage foreclosure laws of the commonwealth (iii) with a working knowledge of all federal, state, and municipal programs available to help homeowners retain their home;’
“Mortgage documents”, shall include the entire wet ink mortgage note with all allonges attached; mortgage; loan agreement; assignments (recorded and unrecorded) and any other documentary evidence of transfer of the note and interest in the note or mortgage; ledgers or accounting of all payments and disbursement of these payments since the commencement of the loan; any powers of attorney granted by the mortgagee or homeowner in relation to the mortgage loan.
“Mortgage loan”, a loan, both mortgage note and mortgage on residential property, to 1 or more natural persons, or to a nominee trust or any other entity commonly recognized under Massachusetts law as a lawful borrower, made primarily for personal, family or household purposes on residential property in the municipality, which is the principal residence of 1 or more borrowers of the loan or their family members, or in the case of a nominee trust, 1 or more of the beneficiaries of the trust.
“Mortgage servicer”, or “servicer”, the person legally authorized by the mortgagee to service the mortgage loan.an entity that administers or services or at any point administered or serviced the Mortgage Loan; provided, however, that such administration or servicing shall include, but not be limited to, calculating principal and interest due on the mortgage loan, assessing fees and costs onto a mortgagor’s loan account, collecting regular payments from the mortgagor, acting as escrow agent for the owner of the mortgage loan or foreclosing on a mortgage loan in the event of a default.
“Mortgagee”, or “mortgage holder” a person who has invested funds or other consideration and who is named as such in the mortgage or any assignment thereof.
“Mortgagor” or “Homeowner”, grantor of a mortgage.
“Net recovery following foreclosure”, a calculation of mortgagee’s costs until projected sale or resale to third party purchaser, including but not limited to: (i) costs from projected delinquency; (ii) interest; (iii) fees by date of foreclosure based on current actual length of foreclosure process in Massachusetts; (iv) costs associated with all legally required actions to foreclose and percentage loss from foreclosure sale; (v) costs to meet all sanitary code requirements; (vi) property maintenance costs; (vii) costs associated with eviction, if part of standard operating procedure for creditor; and (viii) other ownership costs.
"Occupant", any person or group of persons, including the mortgagor, who occupied residential property prior to a foreclosure sale.
“Parties”, the mortgagor and the mortgagee or its mortgage servicer.
“Person”, any individual, corporation, partnership, limited liability partnership, limited liability company, trust or other entity.
“Property”, any real property, residential or commercial, or portion thereof, located in the municipality, including building or structures situated on the property.
“Residential real property", a 1 to 6 family structure or a residential condominium unit or a residential co-op unit.
“Responsible party”, (i) every person, entity, servicer, property manager, or real estate broker, who or which, alone or severally with others: (ii) has care, charge or control of Property, including but not limited to any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, or any administrator, executor, trustee or guardian of the estate of the holder of legal title; (iii) is a mortgagee of any such property who has filed a complaint with the Land Court or Superior Court pursuant to the Massachusetts Servicemembers Civil Relief Act (St. 1943, c. 57 (1943), as amended through St. 1988, c. 142), including its successors or assigns; (iv) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; (v) is a mortgagee who has made entry on any such property, pursuant to the terms of the mortgage, in order to make repairs upon mortgagor's failure to do so.
"Vacant property", a structure or building not legally occupied.
"Unit" or "residential unit", the room or group of rooms within a property, located in a municipality, which is used or intended for use as a residence by 1 household.
(b) A mortgagee who has sent the notice of the right to cure pursuant to section 35A pertaining to residential property in a city or town accepting the provisions of this section pursuant to section 4 of chapter 4, shall engage in a mediation program as set out in this section.
(c) A municipality may establish a foreclosure mediation program by ordinance or by-law and enter into any agreements necessary to implement the
(d) The foreclosure mediation program shall provide mediation prior to all foreclosures of residential property in which the mortgagor or mortgagor’s family resides. The program shall address all issues reasonably related to foreclosures on residential property, including but not limited to all commercially reasonable alternatives to foreclosure. The parties shall make a good faith effort in mediation. Mediations conducted pursuant to the program shall use the calculations, assumptions and forms that are established by or are made available through:
(i) the Federal Deposit Insurance Corporation and published in the Federal Deposit Insurance Corporations Loan Modification Program Guide available on the Federal Deposit Insurance Corporation's publicly accessible website;
(ii) the Home Affordable Modification Program;
(iii) any modification program that a mortgagee may use which is based on accepted principles and the safety and soundness of the institution and recognized by the National Credit Union Administration, the division of banks;
(iv) the Federal Housing Authority; or
(v) similar federal loan modification programs.
(e) A municipality shall provide for a means of evaluating and selecting qualified mediation program managers. The municipality shall also provide for a means of assessing and evaluating annually the municipality’s mediation program, including reports and data related to:
(i) the number of mortgagors who are notified of mediation;
(ii) the number of mortgagors who attend mediation and who receive counseling or assistance;
(iii) the number of certificates of mediation completion issued under the program; and
(iv) the results of the mediation program, including the number of loans restructured, number of principal write-downs, total value of principal write-downs, number of interest rate reductions and, to the extent such information is available, the number of mortgagors who default on mortgages within a year after restructuring, and the number of short sales and any other alternatives to foreclosure.
(f) The municipality may terminate a mediation program manager's participation in the mediation program for good cause. In such case, the mediation program manager shall deliver to the municipality all records and information in its possession for appropriate preservation and storage.
(g) Except for financial information otherwise permitted by law to be disclosed, any financial statements or information provided to the municipality or its approved independent counseling agencies or provided to the mortgagee or its mortgage servicer or mortgagor during the course of mediation in accordance with this article is confidential and shall not be available for public inspection. Any financial statement or information required to reasonably facilitate the mediation shall be made available as necessary to the mediator and to the attorneys or representatives, if any, of the parties to the mediation. Any financial statement or information designated as confidential under this section shall be kept separate and apart from other papers and matters not the subject of the mediation. No mortgagee or its mortgage servicer shall be required to disclose information in violation of chapter 93H, and 201 CMR 17. No information provided by the mortgagor in the course of the mediation may be used by the mortgagee or its mortgage servicer or its agents in a subsequent legal proceeding.
(h) For the purpose of the mediation program established by the municipality, a mortgagee shall send a copy of all notices given to a mortgagor pursuant to subsections (g) and (h) of section 35A, which relate to residential property in the municipality, to the clerk of such municipality, within 10 days of giving such notices to a mortgagor. The receipt by the municipality of said notice, or of a request for mediation from the mortgagor made within 15 days of receipt of a mortgagor's notice pursuant to subsections (g) and (h) of section 35A, shall constitute the beginning of the mediation process as set forth in this section. At that time the municipality shall notify a mortgagee and a mortgagor of their rights and responsibilities under this section regarding mediation. Mediation shall commence within 45 days of the mortgagor receiving notice of the mortgagor’s right to cure as provided in subsections (g) and (h) of section 35A. The municipality shall refer the matter for mediation to an approved mediation program manager, which shall have the responsibility of assigning a mediator and scheduling the parties to immediately commence mediation pursuant to this section. The mediation shall proceed with the parties' good faith effort to negotiate and agree upon a commercially reasonable alternative to foreclosure. The mediation shall continue without delay until completion, but shall in no way constitute an extension of the foreclosure process, nor an extension of the right to cure period. Notwithstanding the limitation in the previous sentence, the mediation may be extended by mutual agreement.
(i) The municipality’s mediation program established by this section shall include, but is not limited to, the following steps:
(1) The parties shall participate in a mandatory mediation conference at a location mutually convenient to the parties. All parties or their respective representatives present at the mediation conference must have authority to enter into any agreements renegotiating the mortgage that is the subject of the foreclosure, or to otherwise resolve the pending foreclosure.
(2) The mediation conference shall be scheduled at a time and place to be determined by the mediation program manager, but not later than 45 days following the mortgagor's receipt of the mortgagor’s notice of right to cure under subsections (g) and (h) of section 35A. The parties shall be sent notice under the mediation program by certified and first class mail at the parties’ last known address(es), if any, or if none, then to the address to which the tax collector last sent the tax bill for the property. The notice shall contain the following declaration on the first page in English, Spanish, Cambodian, Russian, Greek, Vietnamese, French, Haitian Creole, and in any other language which the mortgagee or its mortgage servicer knows is the mortgagor’s primary language, and any other language deemed appropriate by the mediation program manager: “(insert city or town name) has a mediation program that may help you negotiate more affordable mortgage payments and avoid foreclosure. However, there is no express or implied guarantee foreclosure will be avoided. Have this notice translated at once and contact us for help.”
(3) If a mortgagor does not respond to the initial notice, the mediation program manager shall, to the extent possible, utilize additional outreach methods to supplement mailed notices.
(4) Prior to the scheduled mediation conference, the mortgagor shall be assigned a municipally approved loan counselor. If the mortgagor is already working with a municipally approved loan counselor, no assignment is necessary. However, such loan counselor must agree to work with the mortgagor during the mediation process in accordance with this section or any by-law or ordinance established under this section.
(5) The mortgagor shall be encouraged to attend a group orientation, if available, prior to the mediation conference. Such orientations shall be scheduled as necessary at times convenient to mortgagors. Interpretation shall be offered to mortgagors ahead of time, and provided at the orientation if deemed necessary by the mortgagor. The following shall be invited to participate in the design and implementation of the orientation: mediation program manager; 1 or more local legal services organizations; and 1 or more community organizations operating in the municipality that provide advocacy and peer-to- peer support for distressed homeowners.
(6) The orientation shall familiarize mortgagors with the full range of options that are available as commercially reasonable alternatives to foreclosure, with the foreclosure process, and with obligations of mortgagee or its mortgage servicers under the mediation program.
(7) The mortgagor and mortgagee or its mortgage servicer shall cooperate in all respects with the mediation program manager. The mortgagor shall complete any and all loan resolution proposals and applications as appropriate and provide evidence of all current income. The mortgagee or its mortgage servicer’s representative shall bring and make available the mortgage documents, as well as a detailed accounting of the outstanding balance, costs and fees.
(8) If, after 2 attempts by the mediation program manager to contact the mortgagor by mail, the mortgagor fails to respond to the mediation program manager's request to appear for the mediation conference, the requirements of this section shall be deemed to be satisfied upon verification by the municipally-approved mediation program manager that the required notice was sent. If these conditions are met, a certificate of mediation completion shall be issued immediately by the mediation program manager certifying that the mortgagee or its mortgage servicer has satisfied the mediation requirements of this section.
(9) If it is determined, after a good faith effort, that the parties cannot come to a mutually agreeable, commercially reasonable alternative to foreclosure, such good faith effort on behalf of the mortgagee or its mortgage servicer shall be deemed to satisfy the requirements of this ordinance. A certificate of mediation completion pursuant to this article shall be issued immediately and without delay by the mediation program manager authorizing the mortgagee or its mortgage servicer to proceed with a foreclosure in accordance with the terms of the mortgage and the relevant statutes.
(j) The municipality may enact and from time to time revise by by-law or ordinance a reasonable and appropriate mediation registration fee to be charged to the mortgagee or its mortgage servicer for the services attendant to administering the mediation program established under this section. Any fees assessed pursuant to such by-law or ordinance shall not be charged to the mortgagor. The mediation fees shall be paid to the municipality who will then use these fees to pay for the mediation program directly. It is intended there will be no cost of this mediation program to be borne by a municipality adopting this section.
(k) After a foreclosure by sale of a residential property in the municipality, and either prior to or simultaneous with the recording requirements of section 15, a seller shall file the certificate of mediation completion with the registry of deeds in the county or district in which the property is located. The municipality shall periodically request from the register of deeds information regarding attempts to record pursuant to said section 15 without complying with the recording requirements of this section.
(l) Until it is abolished, foreclosure by entry in a municipality accepting this section shall be effectual unless and until the memorandum or certificate recorded as required by section 2 includes as an attachment a copy of the certificate of mediation completion. The municipality shall periodically request from the register of deeds information regarding attempts to record pursuant said section 2 without complying with the recording requirements of this section.
(m) A mortgagee or its mortgage servicer’s failure to comply with this section shall result in a fine of $300 payable to the municipality, for each instance of a violation, to be charged to the mortgagee or its mortgage servicer in accordance with section 21 of chapter 40. Every calendar day of noncompliance with section shall constitute a separate violation subject to the penalties described under this subsection, up until the end of the right-to-cure period given under a lawful notice pursuant to subsections (g) and (h) of section 35A. The fine or fines under this subsection shall be recovered by indictment or complaint pursuant to said section 21 of said chapter 40. No fines pursuant to this subsection shall be charged to the mortgagor either directly or indirectly.
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An Act authorizing the town of Concord to establish a fee for checkout bags
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H2037
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HD284
| 193
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-11T15:52:07.657'}
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[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-11T15:52:07.6566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T15:52:08.0133333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T16:42:16.7466667'}]
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-11T15:52:07.657'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2037/DocumentHistoryActions
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Bill
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By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill, House, No. 2037) of Simon Cataldo, Carmine Lawrence Gentile and Michael J. Barrett (by vote of the town) that the town of Concord be authorized to establish a fee for checkout bags in said town. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The following words, unless the context clearly requires otherwise, shall have the following meanings:
“Checkout Bag” shall mean a bag provided by a retail establishment to a customer at the point of sale. Checkout bags shall not include: (i) bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store; (ii) a paper bag provided by a pharmacy to a customer purchasing a prescription medication; (iii) a non-handled bag used to protect items from damaging or contaminating other purchased items; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
“Retail Establishment” shall mean any business facility that sells goods directly to the consumer whether for or not for profit, including but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, and seasonal and temporary businesses.
SECTION 2. (a) Notwithstanding any general or special law to the contrary, any retail establishment which makes available checkout bags in the Town of Concord shall charge for each such bag equal to or greater than $0.10 per checkout bag, as established by regulations to be duly promulgated by the Town Manager or his/her designee.
(b) All monies collected pursuant to this section shall be retained by the retail establishment.
(c) Any charge for a checkout bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the “checkout bag charge” thereon.
SECTION 3. (a) The Town Manager or his/her designee shall have authority to enforce this law and any regulations promulgated thereunder. This law may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D.
(b) The Town Manager or his/her designee may adopt and amend rules and regulations to effectuate the purposes of this law.
SECTION 4. If any provision of this law is declared to be invalid or unenforceable, the other provisions shall be severable and shall not be affected thereby.
SECTION 5. This act shall take effect three months after its passage.
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An Act to prohibit the expansion of fossil fuel infrastructure for new construction in the town of Concord
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H2038
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HD4023
| 193
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{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T16:11:39.837'}
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[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T16:11:39.8366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-20T16:11:40.04'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2038/DocumentHistoryActions
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Bill
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By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 2038) of Simon Cataldo and Carmine Lawrence Gentile (by vote of the town) for legislation to prohibit the expansion of fossil fuel infrastructure for new construction in the town of Concord. Municipalities and Regional Government. [Local Approval Received.]
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Section 1. Purpose
This Bylaw is adopted by the Town of Concord to protect the health, safety and welfare of the inhabitants of the town from the effects of air pollution, including greenhouse gas emissions that are contributing to climate change, and from fuel leaks and explosions that threaten the Town and its inhabitants.
Section 2. Definitions
For the purposes of this bylaw, the following definitions shall apply:
“Building” shall have the same meaning as set forth in Section 1.3.4 of the Concord Zoning Bylaw, provided that the pertinent structure is or will be furnished with a heating or hot water system.
“Effective Date” shall mean six months following the date by which the Town is authorized by the Department of Energy Resources to regulate fossil fuel infrastructure.
“New Building” shall mean any new construction that will require heating or cooling and that is associated with a valid building permit application on or after the effective date of this bylaw, including but not limited to, construction (a) on a vacant lot, (b) to replace a demolished building, or (c) of a new accessory building constructed on an existing residential or commercial property.
“On-Site Fossil Fuel Infrastructure” shall mean piping for coal, oil, natural gas or other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels that are in a building, in connection with a building, or otherwise within the property lines of a premises, extending from a supply tank or from the point of delivery behind a gas meter (customer-side of a gas meter).
Section 3. Applicability and Exemptions
3.1. On and after the Effective Date, no building permit shall be issued by the Town for the construction of New Buildings or that include the installation of new On-Site Fossil Fuel Infrastructure subject to this Chapter.
3.2. The provisions of this bylaw shall not apply to (i) the development of new affordable housing, as defined in Mass. Gen. Laws c. 184, § 26; (ii) to cooking stoves and ovens used in restaurants or commercial kitchens; (iii) any fossil fuel infrastructure the exclusive purpose of which is to fuel backup electrical generators; (iv) public utilities, their operations, or installations other than in the Buildings constructed by others; or (v) research laboratories for scientific or medical research, or to hospitals or medical offices regulated by the department of public health as a health care facility.
3.3. The requirements of this article shall not apply to the piping required to produce potable or domestic hot water from centralized hot water systems in buildings with building floor areas of at least 10,000 square feet, provided that the Engineer of Record certifies that no commercially available electric hot water heater exists that could meet the required hot water demand for less than 150% of installation or operational costs, compared to a conventional fossil-fuel hot water system.
Section 4. Administration
4.1 . Enforcement
The Building and Inspections Department is hereby authorized to enforce the provisions of this bylaw.
Section 5. Appeal
Any applicant who is aggrieved by a denial of a building permit, in whole or part, in connection with this bylaw, may appeal to the board or committee designated by the Town Manager to hear and resolve such appeals within 20 days from the date of denial.
Section 6. Severability
Each provision of this bylaw shall be construed as separate to the extent that if any section,
sentence, clause or phrase is held to be invalid for any reason, the remainder of the by-law
shall continue in full force and effect.
Section 7. Reporting
The Town Manager, or the Town Manager’s designee, shall provide data and other information on the impacts of this Bylaw on emissions, building costs, operating costs, the number of building permits issued, and other information as required or requested by the Department of Energy Resources and the Secretary of Housing and Economic Development.
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An Act facilitating local approval of inclusionary zoning
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H2039
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HD2516
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T14:04:13.99'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T14:04:13.99'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T15:06:00.9766667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:26:17.2966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:06:19.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2039/DocumentHistoryActions
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Bill
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By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 2039) of Mike Connolly and others relative to local approval of inclusionary zoning. Municipalities and Regional Government.
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Section 5 of Chapter 40A of the General Laws is amended by inserting in paragraph 5 the following after “in accordance with section 3 of chapter 40R.”:-
(5) an inclusionary zoning ordinance or bylaw. As used in this paragraph the term “inclusionary zoning” shall mean a residential subdivision or a multi-unit residential project of a size to be determined by the municipality; and provided further, that a certain percentage of such subdivision or project’s dwelling units or net floor area, as determined by the municipality, shall be reserved for the construction of dwelling units permanently affordable for occupancy to persons whose household income does not exceed a municipally determined per cent of such municipality’s area median income as such income is determined by the federal department of Housing and Urban Development.
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An Act minimizing trauma to court-involved children and families
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H204
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HD2590
| 193
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{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-18T11:46:36.737'}
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[{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-18T11:46:36.7366667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T13:19:25.0633333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:00:18.6533333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-06-06T14:20:51.76'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T13:10:59.4566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:14:07.92'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H204/DocumentHistoryActions
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Bill
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By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 204) of Joan Meschino and others relative to minimizing trauma to court-involved children and families. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 18B of the General Laws is hereby amended by inserting after section 25 the following section:-
Section 26. The department shall report each quarter on the number of cases in which it took custody of a child under section 51B of chapter 119 without first obtaining a court order under section 24 or 24A of chapter 119, the total number of children over whom it assumed custody in those cases, the median amount of time between the department taking custody and its employees requesting court approval of that decision, and the number of cases in which it took more than four hours to request court approval. Data in the report shall be broken down by area office. The report shall be made publicly available on the department’s website consistent with section 19 of chapter 66.
SECTION 2. Section 1 of Chapter 119 of the General Laws is hereby amended by inserting the following sentence at the end of the third paragraph:-
Consideration of the child’s long-term well-being shall include consideration of how to best preserve and promote the child’s cultural, racial, ethnic, religious, and linguistic identities.
SECTION 3. Subsection (c) of section 23 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out said section and inserting in place thereof the following:-
(c) (1) Whenever the department places a child in foster care, the department shall immediately commence a search to locate any relative of the child, including the parents of siblings or half-siblings who have custody of the siblings or half-siblings, or other adult person who has played a significant positive role in that child’s life in order to determine whether the child may appropriately be placed with that relative or person if, in the judgment of the department, that placement would be in the best interest of the child.
(2) The department shall seek to identify any minor sibling or half-sibling of the child. The department and the court shall ensure that children removed from their home and placed in the department’s care, custody or responsibility are placed together with all siblings and half-siblings unless the department makes a showing to the court by clear and convincing evidence that (i) a joint placement is contrary to the safety or well-being of any of the siblings or half-siblings; or (ii) in cases involving more than four siblings or half-siblings, the department made active efforts to place all of the children together but, notwithstanding those efforts, it is impracticable for the department to do so. The court shall make written findings in support of its decision to deny the joint placement and may make any other order regarding placement of siblings and half-siblings in the children’s best interests.
(3) In the case of siblings or half-siblings who are not jointly placed, the department shall provide for frequent visitation and other ongoing interaction between them, unless the department makes a showing to the court by clear and convincing evidence that frequent visitation and other ongoing interaction is contrary to the safety or well-being of any of the children; provided further, that the court shall make written findings in support of its decision to deny the frequent visitation or other ongoing interaction. Any sibling or half-sibling may ask the court at any time to review its decision regarding visitation or other ongoing contact or any action by the department implementing the court’s decision.
(4) Notwithstanding any provision of this section, the department may separate a child from siblings or half-siblings to avoid immediate risk of harm to any child; provided, however, that if the department does separate a child from a sibling or half-sibling without prior court approval, it shall file a petition for court approval of its placement decision within 1 business day after the placement and provide notice to all counsel in any proceeding held pursuant to this chapter or chapter 210. The court shall hold a hearing regarding the placement change within 7 days of filing the petition. The department shall bear the burden of showing by clear and convincing evidence at the hearing that the best interests of 1 or more of the siblings or half-siblings require a separate placement.
(5) Any child who is placed apart from any sibling or half-sibling, even if placed with other siblings or half-siblings, may ask the court at any time to review its decision authorizing a separate placement or any action by the department implementing the court’s decision. The department shall bear the burden of showing by clear and convincing evidence that its current placement arrangements are warranted.
(6) If the court authorizes the department to place siblings or half-siblings in separate placements, or if the department places siblings or half-siblings in separate placements pending review by the court, the department shall make ongoing efforts to remedy any concerns found by the department that led to the separate placements, including the impracticability of joint placement of larger sibling or half-sibling groups. The department shall document its efforts in the case plan.
(7) Notwithstanding the definition of “custody” in section 21, the court may make any order to ensure the joint placement of, frequent visitation with, or other ongoing interaction with siblings or half-siblings as may be in the children’s best interests, including an order to place a child with his or her sibling or half-sibling in a foster home notwithstanding department regulations preventing such placement, provided the foster parent is willing to accept the child.
(8) The department shall develop and implement a plan to increase the number of placements available for siblings and half-siblings. The department shall report annually on the status and effectiveness of its plan, including past and current data regarding the joint placement of siblings and half-siblings in the department’s care, custody, or responsibility, to the joint committee on children, families and persons with disabilities not later than March 31 of each year.
SECTION 4. Section 24 of Chapter 119 of the General Laws is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:
If the court is satisfied after the petitioner testifies under oath that there is reasonable cause to believe that: (i) the child is suffering from serious abuse or neglect or is in immediate danger of serious abuse or neglect; (ii) immediate removal of the child is necessary to protect the child from serious abuse or neglect; and (iii) continuation of the child in their home is contrary to their best interests, the court may issue an emergency order transferring custody of the child for up to 72 hours to the department or to a licensed child care agency or individual described in subclause (i) of clause (2) of subsection (b) of section 26. The court also may make any other appropriate order, including conditions and limitations, about the care and custody of the child as may be in the child's best interest, including, but not limited to, those set forth in subclauses (1) to (3) of subsection (b) of section 26. In assessing whether continuation of a child in their home is contrary to their best interests under this section and section 29C, the court shall consider the potential short and long term harms of transferring custody to the department or to another person or entity, including trauma caused by removal of the child from their home.
SECTION 5. Chapter 119 of the General Laws is hereby amended by inserting after section 24 the following section:-
Section 24A. When the juvenile court is closed for business, any justice acting under section 9(vi)(B) of chapter 211B may grant relief authorized under the third paragraph of section 24. Such relief may be granted and communicated by telephone to an agent of the department, who shall record such order on a form of order promulgated for such use by the chief justice of the trial court and who shall deliver a copy of such order on the next court day to the clerk-magistrate of the juvenile court having venue and jurisdiction over the matter. If relief has been granted without the filing of a written petition with the clerk under section 24, the department shall appear in court when the court is next open for business to file a written petition under section 24. The matter shall then proceed under section 24.
Any order issued under this section and any documentation in support thereof shall be certified at the latest on the next business day by the clerk-magistrate or register of the court issuing such order to the court having venue and jurisdiction over the matter.
The trial court shall promulgate rules specifying the procedures applicable to matters initiated under this section. All such proceedings shall be recorded.
SECTION 6. Section 26A of Chapter 119 of the General Laws is hereby amended by inserting the following two sentences at the end of subsection (h):-
If the crime was committed more than five years before the date on which it is reviewed under this subsection, the mental health or criminal justice professional shall presume that it is irrelevant to the question of whether the individual poses a risk of harm to the child, and the department shall presume that the offense is irrelevant to the person’s application. The mental health or criminal justice professional may not presume that any crime or group of crimes, other than ones referred to in subsection (f) or (g), create a presumption that the person poses a risk of harm to the child. The department may not establish any presumption that any such crime or group of crimes warrants rejection of the person’s application.
SECTION 7. Section 26A of Chapter 119 of the General Laws is hereby amended by adding the following new subsection:-
(i) The department may not reject a person’s application to become a foster parent on the basis of criminal history information other than under subsections (f), (g), and (h).
SECTION 8. Chapter 119 of the General Laws is hereby amended by inserting after section 26C the following section:-
Section 26D. (a) Whenever a court transfers temporary custody or responsibility of a child to the department, a licensed child care agency or an individual as described in clause (i) of paragraph (2) of subsection (b) of section 26, the court shall order regular and frequent visitation between the parent and child unless the court finds that such visitation would be harmful to the child’s health or safety. The court may review and modify any such order or finding at any time thereafter upon the motion of any party for good cause shown.
(b) An order entered pursuant to subsection (a) shall specify the frequency, duration and other terms of parent-child visitation, including the extent to which the visitation shall be supervised or unsupervised. In setting the terms of the visitation, the court shall consider the child’s age, developmental stage and any other needs of the child.
(c) There shall be a rebuttable presumption that parent-child visitation will be unsupervised. The court may require that all visitation be supervised only upon a finding that unsupervised visitation would endanger the safety or well-being of the child.
(d) (i) Regular and frequent parent-child visitation shall not be less than once every week and shall include at least 2 hours of visitation per week unless the court determines that such visitation would be harmful to the safety or well-being of the child.
(ii) The court may not suspend parent-child visitation for more than 4 weeks or terminate parent-child visitation unless it finds, by clear and convincing evidence, that parent-child visitation would harm the safety or well-being of the child.
(e) The court may issue orders for communication between the parent and child, including telephone calls, video calls, electronic mail, text messaging or regular mail. When issuing such orders, the court shall consider the child’s age, developmental stage and any other needs of the child.
SECTION 9. Section 29 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph the following paragraphs:
No later than five business days before any non-emergency change in a child’s or a young adult’s placement or any non-emergency hospitalization, and no later than one business day after any emergency change in a child’s or a young adult’s placement or any emergency hospitalization, the department shall provide notice of the change in placement or hospitalization to the child’s or the young adult’s attorney.
No later than the first business day thereafter, the department shall provide notice to a child’s attorney if it receives a report under section 51A and the child is the subject of the report. No later than the first business day thereafter, the department shall provide notice to a child’s attorney or a young adult’s attorney if it receives a report under section 51A that raises substantial questions regarding the suitability of the child’s or young adult’s current placement or any of the child’s or young adult’s service providers.
No later than the first business day thereafter, the department shall provide notice to a child’s or young adult’s attorney whenever it becomes aware of: (1) the child or young adult being arrested; (2) the child’s or young adult’s potential involvement in any proceeding under this chapter or any criminal investigation or proceeding; (3) the child or young adult being suspended from school; or (4) the child or young adult being the subject of any proceeding that could result in his or her suspension or expulsion from school.
SECTION 10. Section 51B of Chapter 119 of the General Laws is hereby amended by striking out the first sentence of subsection (c) and inserting in place thereof the following sentences:-
If the department has reasonable cause to believe that (i) a child is suffering from serious abuse or neglect or is in immediate danger of serious abuse or neglect; and (ii) immediate removal without first obtaining a court order under section 24 or 24A is necessary to protect the child from serious and imminent physical harm, it shall take the child into its immediate temporary custody. If the department takes the child into its temporary custody under this subsection, it shall, within four hours, obtain judicial approval of such action from the juvenile court or, if the juvenile court is closed for business, any justice acting under section 9(vi)(B) of chapter 211B. To obtain such approval, the department employees who made the reasonable cause determination shall provide the court a sworn affidavit stating the basis of that determination or, if providing information to the court by telephone, shall do so under oath and shall provide the court with a sworn affidavit when the court is next open for business. The matter shall then proceed as set forth in sections 24 or 24A of this chapter.
SECTION 11. Section 51B of Chapter 119 of the General Laws is hereby amended by striking out subsection (e).
SECTION 12. Section 5-207 of Chapter 190B of the General Laws is hereby amended by adding the following sentence at the end of subsection (a):-
The court’s consideration of what would be in the best interest of the minor shall include consideration of how to best preserve and promote the minor’s cultural, racial, ethnic, religious, and linguistic identities.
SECTION 13. Section 3 of Chapter 210 of the General Laws is hereby amended by striking out the last sentence of the second paragraph of subsection (c) and inserting in place thereof the following two sentences:-
In making the determination, the health, safety, and well-being of the child shall be of paramount, but not exclusive, concern. The court’s consideration of the child’s well-being shall include consideration of how to best preserve and promote the child’s cultural, racial, ethnic, religious, and linguistic identities.
SECTION 14. Section 9 of Chapter 211B of the General Laws is hereby amended by striking out subparagraph (vi) of the third paragraph and inserting in place thereof the following subparagraph:
(vi) the responsibility to establish, manage and implement a mandatory emergency judicial response system:
(A) for all judges other than judges of the Juvenile Court department, except when the chief justice of the trial court determines that the participation by a particular judge would create a hardship for such judge; and
(B) for all judges of the Juvenile Court department, except when the chief justice of the trial court determines that the participation by a particular judge would create a hardship for such judge, to hear matters under section 24A of chapter 119.
SECTION 15. The department of children and families shall promulgate regulations to implement section 9 of this act no later than six months from the effective date of this act.
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An Act to protect pets
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H2040
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HD1501
| 193
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{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T14:32:55.49'}
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[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T14:32:55.49'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2040/DocumentHistoryActions
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Bill
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By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 2040) of Mark J. Cusack relative to the care and sale of cats, dogs and rabbits. Municipalities and Regional Government.
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SECTION 1. Section 39G of chapter 129 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in subsection (b) the words “this section” and inserting in place thereof the following:- sections 39G and 39J,
SECTION 2. Said section 39G of chapter 129, as so appearing, is hereby further amended by striking out subsection (e), and inserting in place thereof the following:-
(e) A cat, dog, or rabbit sold or placed in the commonwealth by a pet shop, organization, breeder, or broker shall be accompanied by a health record indicating the date and type of each vaccine administered to each such cat, dog, or rabbit, and an official health certificate. For the purposes of this subsection, the definitions contained in section 39H shall apply.
SECTION 3. Said chapter 129 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following 6 new sections:-
Section 39H. (a) For the purpose of this section and sections 39I through 39M, inclusive the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Breeder”, a person that maintains dogs, cats, or rabbits for the purpose of breeding and selling their offspring.
“Broker”, a person that transfers dogs, cats, or rabbits for resale by another person.
“Organization or Rescue Organization”, An entity that is not otherwise required to be licensed under M.G.L. c. 129, §§ 39, 39A, or 45, or under M.G.L. c. 94, § 152A, and whose primary activity is the placement of abandoned, displaced, unwanted, neglected or abused animals. Such entity does not obtain Dogs or Cats from a breeder or broker for payment or compensation, and is exempt from taxation under § 501(c)(3) of the federal Internal Revenue Code or equivalent nonprofit designation under such Code.
“Pet shop”, a business licensed under section 39A.
“Place or Placement”, To sell, barter, exchange, give away, or otherwise find a permanent physical placement for an Animal that is abandoned, displaced, unwanted, neglected or abused.
“Sale, Sell, Sold or Offer for Sale”, to sell, barter, exchange, give away, or otherwise confer ownership of an Animal to a Person other than the Licensee, or to display or have within view of the public an Animal in a Pet Shop or otherwise make known that an Animal is available for such transactions.
"Seller", a pet shop, organization, breeder or broker.
"Unfit for sale", a defect that is congenital or hereditary and that has a significant adverse effect on the health of the dog, cat, or rabbit or a disease, deformity, injury, physical condition or illness that has a significant adverse effect on the health of the dog, cat, or rabbit and which was manifest, capable of diagnosis or likely to have been contracted prior to or at the time of the sale or placement of the dog, cat, or rabbit to the buyer.
Section 39I. (a) A pet shop shall not purchase a dog, cat, or rabbit for resale or offer for sale a dog, cat, or rabbit that originated at or was purchased from a breeder, broker, person, firm or corporation that:
(1) is not in possession of a current license issued by the United States Department of Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. 2131, et seq, and any license that may be required by an applicable state agency;
(2) has had its federal or state license suspended in the last 5 years;
(3) was found to have committed a critical violation of the Animal Welfare Act, 7 U.S.C. 2131, et seq, during the 3-year period prior to the purchase;
(4) was found to have committed 3 or more noncritical violations of the Animal Welfare Act, 7 U.S.C. 2131, et seq, during the 3-year period prior to the purchase; or
(5) has been cited on the 2 most recent United States Department of Agriculture inspection reports prior to the purchase of the dog, cat, or rabbit for no-access violations of the Animal Welfare Act, 7 U.S.C. 2131, et seq.
(b) An owner or operator of a pet shop, organization , breeder, or broker that offers a dog, cat, or rabbit for sale or placement shall maintain records that verify compliance with this section for not less than 2 years following the date of acquisition of the dog, cat, or rabbit. Those records shall include: (1) United States Department of Agriculture inspection reports; and (2) the source of each dog or cat the pet shop acquired, including a description of the dog or cat and the United States Department of Agriculture license number of the breeder. The records shall be made available immediately upon the request of the purchaser or adopter.
(c) An owner or operator of a pet shop, organization, breeder, or broker that offers a dog, cat, or rabbit for sale or placement shall post a sign that shall be clear and conspicuous and shall be of such size and so placed that an individual examining the dog, cat, or rabbit in its cage or enclosure may readily view the sign and its contents. The sign shall state:
(1) the date and place of birth of each dog, cat, or rabbit and the actual age or, if not known, the approximate age of the dog, cat, or rabbit;
(2) the sex, color markings and other identifying information of each dog, cat, or rabbit, including any tag, tattoo, collar number and microchip information; and
(3) the breeder's United States Department of Agriculture license number and, if the breeder is required to be licensed in the state in which the breeder is located, the breeder's state license number.
(d) No person shall sell, place or offer for sale a dog, cat, or rabbit that is under 8 weeks of age.
Section 39J. (a) No cat, dog, or rabbit shall be sold or placed in the commonwealth by a pet shop, organization, breeder, or broker to a consumer unless accompanied by such records under section 39I and an official health certificate under section 39G, as applicable. A consumer may return a cat, dog, or rabbit by presenting it to the providing pet shop, organization, breeder, or broker no later than 48 hours after learning of a defect in such records or official health certificate.
Section 39K. (a) A veterinarian licensed in the commonwealth may declare a dog, cat, or rabbit unfit for sale or placement in advance of or after the sale or placement by providing a written statement that includes:
(i) the name and address of the buyer or potential buyer;
(ii) the date on which the dog, cat, or rabbit was examined;
(iii) the breed, sex and age of the dog, cat, or rabbit;
(iv) an affirmation that the veterinarian examined the dog, cat, or rabbit;
(v) a diagnosis that: (A)(1) the dog, cat, or rabbit had previously had a contagious or infectious disease or severe parasitism, currently has a contagious or infectious disease or severe parasitism or has died from a contagious or infectious disease or severe parasitism; (2) the veterinarian found the presence of symptoms of the disease or severe parasitism; and (3) the disease or severe parasitism is likely to have been contracted prior to or at the time of the sale or placement of the dog, cat, or rabbit to the buyer; or (B) the dog, cat, or rabbit has a congenital or hereditary condition that: (1) significantly and adversely impacts the health of the puppy or kitten; (2) requires hospitalization or a nonelective surgical procedure; or (3) caused the death of the dog, cat, or rabbit;
(vi) the precise findings of the examination, diagnostic tests or necropsy;
(vii) the treatment recommended, if any, and an estimate or the actual cost of the treatment;
(viii) an affirmation that the examination occurred: (A) within 14 days after the placement of the dog, cat, or rabbit if the dog, cat, or rabbit was declared unfit for sale based on an illness that existed in the dog, cat, or rabbit prior to or at the time of the sale or placement of the dog, cat, or rabbit; (B) within 1 year after the sale or placement of a dog, cat, or rabbit if declared unfit for sale based on a hereditary or congenital condition that has a significant adverse effect on its health; or (C) within 1 year after the sale or placement of a dog, cat, or rabbit if the breed, sex or health of the animal was misrepresented at the time of the sale or placement ; and
(ix) the veterinarian's name and signature and the address and telephone number of the veterinarian's primary place of veterinary practice.
(b) A dog, cat, or rabbit shall not be found unfit for sale based upon:
(i) injuries sustained or illnesses likely to have been contracted subsequent to the date of transfer;
(ii) a health problem or hereditary or congenital condition if the problem or condition was separately disclosed by the seller in writing at the time of sale and the seller and the buyer sign the written disclosure at the time of sale;
(iii) a hereditary or congenital condition if the seller provides the buyer with written documentation at the time of sale or placement establishing that, prior to breeding, the dog, cat, or rabbit’s parents were screened for health issues according to breed-specific protocols and requirements established by the Canine Health Information Center or a comparable recognized animal health registry; or
(iv) veterinary findings of internal or external parasites unless the dog, cat, or rabbit is clinically ill or dies due to the condition.
(c)(1) If a purchased dog, cat, or rabbit has been declared unfit for sale under subsection (g), the buyer may:
(A) return the dog, cat, or rabbit to the seller for treatment by a veterinarian of the seller's choice at no cost to the buyer; provided, however, that the dog, cat, or rabbit shall be returned to the buyer when the dog, cat, or rabbit’s health has been cleared by the veterinarian;
(B) return the dog, cat, or rabbit for a full refund of the purchase price;
(C) if a replacement dog, cat, or rabbit of equivalent value is available and satisfactory to the buyer, exchange the dog, cat, or rabbit for the dog, cat, or rabbit and provide reimbursement to the buyer for reasonable veterinary fees paid for the diagnosis and treatment of the dog, cat, or rabbit in an amount up to 50% of the original purchase price of the dog, cat, or rabbit, the sales tax paid and any additional point of sale fees paid; or
(D) retain the purchased dog, cat, or rabbit and receive reimbursement for reasonable veterinary fees paid for the diagnosis and treatment of the purchased dog, cat, or rabbit in an amount not to exceed the original purchase price of the dog, cat, or rabbit, the sales tax paid and any additional point of sale fees paid on the original purchase of the dog, cat, or rabbit.
A seller of a dog, cat, or rabbit shall inform a buyer of the buyer's options under this section at the point of sale or placement.
(c)(2) If: (A) within 14 days after sale or placement of the dog, cat, or rabbit the dog, cat, or rabbit dies because of an illness that existed in the dog, cat, or rabbit prior to or at the time of the sale or placement of the dog, cat, or rabbit; or (B) within 1 year after the sale or placement of a dog, cat, or rabbit the dog, cat, or rabbit dies because of a hereditary or congenital condition that has a significant adverse effect on its health, the buyer may obtain a refund up to the purchase price of the dog, cat, or rabbit, the sales tax paid and any additional point of sale fees paid; or receive a replacement dog, cat, or rabbit that is of equivalent value and satisfactory to the buyer.
(c)(3) Nothing in this subsection shall require a seller to provide a buyer with a replacement dog, cat, or rabbit if a replacement dog, cat, or rabbit is not available.
(d) If a seller wishes to contest a demand made by a buyer for veterinary expenses or for a refund or an exchange under this section, the seller may require the buyer to produce the dog, cat, or rabbit for examination by a second licensed veterinarian designated by the seller and at the seller's expense not more than 30 days after the demand. If the dog, cat, or rabbit is deceased, the seller may have the second veterinarian review records provided by the buyer's veterinarian, including the necropsy report.
(e) Unless the seller contests the remedy chosen by the buyer under subsection (c), the remedy shall be made to the buyer not more than 30 days after the seller receives the veterinarian's statement that the dog, cat, or rabbit was unfit for sale.
(f) Nothing in this section shall limit the rights or remedies otherwise available to a buyer under any other law.
(g) No pet shop, organization, breeder, or broker shall sell or place a dog, cat or rabbit to a buyer or adopter unless:
(1) such animal has been implanted with a microchip as a permanent identification, provided however that an organization has first contacted the animal’s owner after inspection for identification of the animal’s owner, including a scan for microchip, so it may be reclaimed;
(2) such pet shop, organization, breeder, or broker has registered such animal's microchip with such purchaser's or adopter’s contact information with a bona fide pet microchip registration company; and
(3) such pet shop, organization, breeder, or broker has provided such purchaser or adopter with (i) usage instructions for such microchip provided by the manufacturer of such microchip or the company with which such microchip is registered and (ii) written certification of compliance with paragraphs (1) and (2) of this subsection, signed by such purchaser or adopter as acknowledgement of receipt, in a form and manner set forth in rules promulgated by the division.
(h) Every pet shop, organization, breeder, or broker shall retain for a period of 2 years from the date of sale or placement of any dog, cat, or rabbit, a copy of the certification signed by the purchaser or adopter required by paragraph three of subsection (g) of this section.
Section 39L. A person who violates the provisions of sections 39H through 39M, inclusive, shall be punished by fine of not more $500. Each dog, cat, or rabbit sold or offered for sale or placement in violation of this section shall constitute a separate offense. A violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 93A.
Section 39M. It is unlawful for any person to offer for sale or adoption, sell, barter, auction, or otherwise place any dog, cat, or rabbit for consideration from any roadside, public right-of-way or public property, park, commercial or retail parking lot regardless of whether such access is authorized, or any flea market or festival.
This section shall not apply to persons meeting to conduct the final transaction of a previously arranged sale or exchange.
SECTION 4. This act shall go into effect 90 days after its passage.
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An Act relative to municipal oversight of utility company vegetation management
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H2041
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HD1431
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T11:11:46.357'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T11:11:46.3566667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T14:43:44.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2041/DocumentHistoryActions
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 2041) of Josh S. Cutler and Mindy Domb relative to municipal oversight of utility company vegetation management. Municipalities and Regional Government.
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SECTION 1. Section 14 of chapter 87 of the General Laws is hereby amended by adding the following subsection:-
(h) The utility company shall submit a vegetation management plan for local approval in connection with any planned work in a municipality, regardless of any easement or right of way. The vegetation management plan shall be submitted to the local municipality and kept on record by the municipality, and shall be subject to a public comment period by impacted residents. Prior to the commencement of a project by a utility company, the vegetation management plan must receive local approval and any potential negative property damage or impact on property value shall be addressed by the utility company. A utility company in violation of this subsection shall be subject to fees and penalties, determined by the department of public utilities.
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An Act relative to concurrent service for elected officials
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H2042
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HD3367
| 193
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{'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-17T16:08:51.963'}
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[{'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-17T16:08:51.9633333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-16T14:33:13.5366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2042/DocumentHistoryActions
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Bill
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By Representative Diggs of Barnstable, a petition (accompanied by bill, House, No. 2042) of Kip A. Diggs relative to concurrent service for elected local officials. Municipalities and Regional Government.
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Notwithstanding any general or special law or agency or commission opinion to the contrary, elected members of a Select Board or Town Council in the commonwealth shall not be prohibited from serving concurrently as elected members of any county legislative board, body, or assembly and shall not be prohibited from participating in and voting on all matters before those bodies that may affect the municipality they represent.
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An Act relative to the effective enforcement of municipal ordinances and by-laws
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H2043
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HD954
| 193
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{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-12T11:37:32.26'}
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[{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-12T11:37:32.26'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-04-05T17:39:37.28'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-18T14:35:56.8766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-05T21:45:34.31'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-07T14:04:37.3333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2043/DocumentHistoryActions
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Bill
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By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 2043) of Kate Donaghue and Michelle M. DuBois relative to the enforcement of municipal ordinances and by-laws. Municipalities and Regional Government.
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SECTION 1. Section 21D of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 46, the word “three” and inserting in place thereof the following word:- five.
SECTION 2. Said section 21D of said chapter 40, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding this section or any other general or special law to the contrary, in any suit in equity brought in the superior court, district court or the land court by a city or town, or a municipal agency, officer, board or commission having enforcement powers on behalf of the city or town, to enforce an ordinance or by-law, or a rule, regulation or order described in this section, the court, upon a finding that the violation occurred, may assess a civil penalty in accordance with this section and section 21, and reasonable attorneys fees and costs. Civil penalties assessed under this paragraph shall be in addition to any equitable relief ordered by the court and shall be paid to the city or town for use as the city or town may determine. In assessing a penalty under this paragraph, the court shall consider: (1) whether the violation was willful or negligent; (2) the harm to the public health, safety or environment resulting from the violation; (3) the economic benefit gained by the defendant as a result of the violation; (4) the cost to the city or town resulting from the violation; (5) the history of noncompliance by the defendant; and (6) whether the defendant made good faith efforts to cure or cease the violation of the ordinance or by-law after the first notice by the city or town of such violation.
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An Act relative to public hearing notification for variances from the terms of the applicable zoning ordinance or by-law
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H2044
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HD2312
| 193
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{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T11:47:38.513'}
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[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T11:47:38.5133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2044/DocumentHistoryActions
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Bill
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By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 2044) of Michelle M. DuBois relative to public hearing notifications for variances from the terms of the certain zoning ordinances or by-laws. Municipalities and Regional Government.
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Section 10 of Chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence ending in the words "such ordinance or by-law", line number 15, the following:-
All meeting notifications, publications, mailings, and postings to all parties in interest as prescribed in this section and in section eleven shall be required for each public hearing held subsequent to the initial public hearing.
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[]
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[]
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An Act authorizing the city of Pittsfield to award a 1 year or multiple year contract to audit
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H2045
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HD3095
| 193
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{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:47:31.66'}
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[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:47:31.66'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T09:30:48.0333333'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-17T11:54:31.693'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2045/DocumentHistoryActions
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Bill
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By Representative Farley-Bouvier of Pittsfield and Senator Mark, a joint petition (accompanied by bill, House, No. 2045) of Tricia Farley-Bouvier and Paul W. Mark (with the approval of the mayor and city council) relative to authorizing the city of Pittsfield to award a 1 year or multiple year contract to audit the books and accounts of said city. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Article 7 of section 22 of chapter 72 of the acts of 2013 is hereby amended by striking out Section 7-6 inserting in place thereof the following section:-
SECTION 7-6 INDEPENDENT AUDIT.
The city council shall annually provide for an outside audit of the books and accounts of the city to be conducted by a certified public accountant or a firm of certified public accountants, which has no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The mayor shall annually provide to the city council a sum of money sufficient to satisfy the estimated cost of conducting the audit as presented to the mayor, in writing, by the city council. The city council may award a 1 year or multiple year contract to audit on or before September 15 of the first year of the contract year. The report of the audit shall be filed in final form with the city council not later than March 1 in the year following its award. At least every 5 years, the city council shall conduct a competitive procurement process to retain these auditing services.
SECTION 2. All contracts for audit services entered into or executed by the city before the effective date of this act shall be valid and enforceable.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[]
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An Act establishing the Dukes County Sheriff’s regional lockup fund
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H2046
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HD2651
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T23:40:59.4'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T23:40:59.4'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2046/DocumentHistoryActions
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 2046) of Dylan A. Fernandes for legislation to establish the Dukes County Sheriff’s regional lockup fund. Municipalities and Regional Government.
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Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 35:57A the following section:
SECTION 35:58.
(a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Dukes County Sheriff Regional Lockup Fund to be administered by the Dukes County Sheriff’s Office.
(b) The purpose of the Fund shall be to provide the only state-funded regional lockup service to the towns in Dukes County to which facility persons arrested with or without a warrant, taken into protective custody, held on contempt or by court order, or arrested under any civil process may be detained. Police officers shall have the full authority and jurisdiction of a police officer anywhere in the County while transporting an incarcerated or detained person to a regional lockup facility as well as during transport through any city, town, or county, including to and at a hospital or medical or psychiatric facility or office, or to, at or on a ferry or aircraft if appropriate, and throughout the arrest, delivery and booking process. A municipal police department that is a member of the Dukes County Regional Lockup Facility System does not have to comply with section 36C of chapter 40. A town may become a member of the Dukes County Regional Lockup Facility System by executing a written agreement with the Sheriff of Dukes County. The regional lockup facility superintendent, appointed by the sheriff of Dukes County, and deputy sheriffs of Dukes County where the regional lockup facility is located, shall have the same authority, jurisdiction, and duty as a police officer to detain, book, hold, and transport a pre-arraignment incarcerated person or any other detained or incarcerated person to or from the regional lockup facility.
(c) There shall be credited to the Fund all amounts that are, by law, transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants or contributions for the purposes of the Fund. Amounts credited to the Fund shall not be subject to further appropriation and any money remaining in the Fund at the end of a fiscal year shall not revert to the General Fund.
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An Act providing for pre-service training for members of local boards and commissions
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H2047
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HD3486
| 193
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{'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-01-20T13:04:50.78'}
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[{'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-01-20T13:04:50.78'}]
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Bill
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By Representative Flanagan of Dennis, a petition (accompanied by bill, House, No. 2047) of Christopher Richard Flanagan relative to providing for pre-service training for members of local boards and commissions. Municipalities and Regional Government.
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SECTION 1. Chapter 17 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following new section:-
7B. The department shall establish, conduct and maintain an annual program of education and training for all new members of local boards of health; provided, however, that the department shall consult with the Massachusetts Municipal Association in the development of said program; provided, further, that the department may contract with the Massachusetts Association of Boards of Health to provide such education and training. All education and training courses shall be free of charge to board members and shall be offered in various locations throughout the commonwealth and by online only methods.
SECTION 2. Chapter 21A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section fifteen the following new section:-
15A. The department of environmental protection shall establish, conduct and maintain an annual program of education and training for all new members of local conservation commissions; provided, however, that the department shall consult with the Massachusetts Municipal Association in the development of said program; provided, further, that the department may contract with the Massachusetts Association of Conservation Commissions to provide such education and training. All education and training courses shall be free of charge to commission members and shall be offered in various locations throughout the commonwealth and by online only methods.
SECTION 3. Section 3 of Chapter 23B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following new subsection:-
(w) establish, conduct and maintain an annual program of education and training for all new members of local planning boards and zoning boards of appeals; provided, however that the department shall consult with the Massachusetts Municipal Association regarding in development of said program; provided, further, the department may contract with the Massachusetts Citizen Planning Training Collaborative at the University of Massachusetts to provide such education and training. All education and training courses shall be free of charge to board members and shall be offered in various locations throughout the commonwealth and by online only methods.
SECTION 4. Section 8C of Chapter 40 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The members of the commission shall complete such training programs conducted or sponsored by the department of environmental protection under the provisions of Section 15A of Chapter 21A prior to their service on the commission.
SECTION 5. Section 12 of Chapter 40A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The members of the board shall complete such training programs conducted or sponsored by the department of housing and community development under the provisions of Section 3 of Chapter 23B prior to their service on the board.
SECTION 6. Section 81A of Chapter 41 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The members of the board shall complete such training programs conducted or sponsored by the department of housing and community development under the provisions of Section 3 of Chapter 23B prior to their service on the board.
SECTION 7. Section 26 of Chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth sentence the following new sentence:- The members of the board shall complete such training programs conducted or sponsored by the department of public health under the provisions of Section 7B of Chapter 17 prior to their service on the board.
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An Act relative to the Auburn Water District clerk and treasurer
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H2048
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HD3767
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T11:59:20.927'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T11:59:20.9266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-04-13T12:59:47.09'}]
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2048) of Paul K. Frost relative to the clerk and treasurer of the Auburn Water District. Municipalities and Regional Government.
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SECTION 1. The fourth sentence of section 10 of chapter 585 of the acts of 1947, as amended by chapter 150 of the acts of 1981, is hereby amended by striking out the words: “elect by ballot” and inserting in place thereof the following word:- appoint, by a majority vote at a district annual meeting, or at such time as needed.
SECTION 2. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[]
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An Act relative to the Auburn Water District
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H2049
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HD3776
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T12:04:08.543'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T12:04:08.5433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-04-13T13:02:57.46'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2049/DocumentHistoryActions
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2049) of Paul K. Frost relative to certain property acquired by the Auburn Water District. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding chapter 585 of the acts of 1947, as amended by chapter 150 of the acts of 1981, or any other general or special law or regulation to the contrary, the Auburn water district may transfer, sell, convey or otherwise dispose of all or portions of the property located adjacent to 295 Leicester street in the town of Auburn, which was acquired by the district by deed recorded at the Worcester district registry of deeds in book 25575, page 87, said portion consisting of approximately 59 acres of land located off of the southeastern sideline of Leicester street in the town of Auburn and determined by the district to be not needed for water supply purposes.
SECTION 2. This act shall take effect upon its passage.
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An Act relative to assisting elders and people with disabilities in the Commonwealth
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H205
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HD1923
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T23:32:23.273'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T23:32:23.2733333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-26T13:43:46.62'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T13:43:46.62'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T18:09:57.7566667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-21T16:06:01.8033333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-21T16:06:01.8033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-21T16:06:01.8033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-06T19:17:24.8133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-06T19:17:24.8133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T19:17:24.8133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-06-14T10:47:52.5233333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-14T10:47:52.5233333'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-07-17T11:54:43.7733333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-08-03T10:49:14.0566667'}]
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 205) of James J. O'Day and others relative to the emergency aid for elderly and disabled residents assistance program. Children, Families and Persons with Disabilities.
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SECTION 1. Section 1 of chapter 117A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-Any person experiencing homelessness, (i) who has no established place of abode, or who lives in a temporary emergency shelter, and (ii) who is otherwise eligible under the provisions of this chapter, shall receive the same payment rate as recipients who incur shelter costs including, but not limited to rent or a mortgage. The department shall promulgate or revise any such rules and regulations necessary to implement the provisions of this section.
SECTION 2. Chapter 117A of the General Laws is hereby amended by inserting after section 10 the following new sections:-
Section 11. Effective July first of every year, the department shall increase the total budget of each eligible recipient, before taking into consideration any available income and resources, by a percentage amount equal to the percentage rise in the United States Consumer Price Index for January first of that year over the level of said index for January first of the previous year plus such additional percentage amount as is recommended annually by the department and appropriated by the general court. The department shall promulgate such rules and regulations to implement the provisions of this section.
Section 12. The department shall set the maximum benefit for the program in this chapter at the same level as the program in chapter 118 of the General Laws. The department shall promulgate such rules and regulations necessary to implement the provisions of this section.
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An Act relative to acceptance of the Massachusetts Community Preservation Act
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H2050
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HD168
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:54:15.69'}
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[{'Id': None, 'Name': 'Roberta Harback', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-10T13:54:15.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2050/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton (by request), a petition (accompanied by bill, House, No. 2050) of Roberta Harback relative to acceptance of the Massachusetts Community Preservation Act in cities and towns. Municipalities and Regional Government.
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SECTION 1. Section 16 of chapter 44B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words “in the same manner and”.
SECTION 2. Said section 16 of said chapter 44B, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the words “in the same manner as they were accepted by such city or town” and inserting in place thereof the following words:- by acceptance of the voters of such city or town at the next regular municipal or state election.
SECTION 3. Subsection (b) of said section 16 of said chapter 44B is hereby amended by adding the following sentence:- At least once every 10 years, beginning 10 years after the date on which sections 3 to 7, inclusive, have been accepted in a city or town, a question seeking revocation of such city or town’s acceptance of sections 3 to 7, inclusive, shall be presented for acceptance of the voters of such city or town at the next regular municipal or state election within such 10 years.
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An Act requiring automatic external defibrillators in Norfolk County public buildings
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H2051
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HD1842
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T19:13:00.15'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T19:13:00.15'}]
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 2051) of Denise C. Garlick that public buildings in Norfolk County under the control of the Norfolk County Commissioners contain automatic external defibrillators and a staff member as an automatic external defibrillator provider. Municipalities and Regional Government.
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SECTION 1. Chapter 34 of the General Laws is hereby amended by inserting after section 3, the following section:
Section 3B. A public building, under the direct supervision of the Norfolk County Commissioners, shall have on the premises at least 1 automatic external defibrillator (AED), subject to the provisions of section 12V½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in section 12V½ of chapter 112.
The Norfolk County Commissioners shall ensure the functionality and quantity of AEDs in each public building under their direct supervision.
Any person, whose usual and regular duties do not include the provision of emergency medical care, and who, in good faith, attempts to render emergency care, including but not limited to, cardiopulmonary resuscitation or defibrillation, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care.
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An Act establishing a department of public works in the town of Tyngsborough
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H2052
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HD1995
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T20:20:30.837'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T20:20:30.8366667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-20T15:04:50.5933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2052/DocumentHistoryActions
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2052) of Colleen M. Garry (by vote of the town) relative to establishing a department of public works in the town of Tyngsborough. Municipalities and Regional Government. [Local Approval Received.]
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Section 1. Establishment and Scope. There shall be a department of public works responsible for the performance of all public works activities of the town placed under its control by by-law, or otherwise, including but not limited to forestry services, protection of natural resources, cemetery, parks, recreation, sewers and sewerage systems, street and roads, and maintenance of all buildings and grounds, other than those under the jurisdiction of the school department, board of library trustees, and the conservation commission, unless otherwise agreed by the department.
Powers and Duties. The department of public works shall assume all of the duties and responsibilities in the performance of public works functions, including but not limited to those performed prior to the adoption of the Act by and under the authority of the tree warden, park commission, cemetery commission, board of highway surveyors or road commissioners, and select board. The department of public works shall assume limited duties and responsibilities in the performance of public works functions related to the sewer commission as described in section 5 of this Act.
Section 2. Superintendent of Public Works. The department of public works shall be under the direct control of a superintendent of public works who shall be appointed by the town manager and who shall serve at the pleasure of, and be directly responsible to, the town manager. The superintendent shall be a person especially fitted by education, training and previous experience to perform the duties of the office.
2.1 Role and Authority. The superintendent of public works shall be responsible for the supervision and coordination of the department in accordance with state statutes, town by-laws, and directives of the town manager. The superintendent may, with the approval of the town manager and select board, establish within the department various operational divisions, such as, but not limited to, highway, facilities, parks and sewers.
Section 3. Department Policy Formulation. Unless otherwise described in section 5 of this Act, the select board shall be responsible for the establishment of priorities and policies to govern the operation of the department, and through the town manager, shall have ultimate responsibility therefor.
Section 4. Transition. As of the effective date of this act, the offices of board of highway surveyors or road commissioners, by whatever name, and the cemetery commission shall be abolished, the terms of any incumbents thereof terminated and all powers, duties and responsibilities of such offices shall be immediately transferred to the department of public works. No existing contract or liability shall be affected by the abolition or change in the manner of selection of any board or office in this section or the creation of the department of public works, and the department of public works shall in all respects be the lawful successor of such boards, departments and offices so abolished. Any permanent employee of any of the boards or committees or departments abolished by the creation of the department of public works or of a department whose authority has changed as a result thereof, shall be transferred to and become an employee of the department of public works in a capacity as similar to the employee's former position as is practical without loss of seniority, retirement, holiday, sick leave, or vacation. Until such time as a superintendent of public works is appointed, the town manager shall act as the superintendent of public works.
Section 5. Board of sewer commissioners. Notwithstanding any other provision of this act to the contrary, the incumbent members of the board of sewer commissioners, referred to as the "sewer commission" both herein and as of the effective date of this act, shall remain elected. The sewer commission shall continue to serve as the authority with respect to any sewer construction projects ongoing at the time this Act takes effect, as well as with any future sewer expansion phases, setting sewer rates, and ensuring compliance with the sewer enterprise fund in accordance with G.L. c. 44 section 53F1/2, including review of all expenditures from the enterprise fund on a regular basis. The superintendent of public works shall serve in an advisory capacity, and provide technical assistance, to the sewer commission on matters within the commission's authority as described in this section. The Sewer Commission shall serve in an advisory capacity to the Board of Selectmen on intermunicipal agreements affecting the town's sewer system, capacity, or flow.
5.1 Setting of Rates and Promulgation of Regulations. The board of sewer commissioners shall be authorized to set sewer rates and promulgate regulations in connection with the scope of authority of the department of public works. Prior to taking any action hereunder, however, the sewer commission shall, in conjunction with the superintendent of public works, hold a public hearing for which notice is published in a newspaper of general circulation in the town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in or at town hall for a period of not less than fourteen days before the day of said hearing.
5.2 Role of the superintendent of public works. The department of public works, under the authority of a superintendent of public works, shall be responsible for the maintenance of the existing sewer system, day-to-day operations, employees, contracting and procurement, and other matters not under the authority of the board of sewer commissioners as outlined in sections 5 and 5.1 of this Act. Appointments at the level of Sewer Senior Foreman or above, including Sewer Administrator, shall be made only after consultation with the sewer commission but shall be the responsibility of the Town Manager per the Act establishing the position of Town Manager in the town of Tyngsborough. Contracts related to any sewer construction projects ongoing at the time this Act takes effect, as well as any future sewer construction expansion phases, shall be approved and signed by the sewer commission. The superintendent of public works shall have a voice, but no vote, in any of the sewer commission's proceedings.
5.3 Completion of work. The board of sewer commissioners may, by unanimous vote of the full commission, and after holding a public hearing, determine that no future phases of sewer expansion are required and that the commission shall be abolished. In this instance, the remaining powers and duties of the board will, effective immediately upon abolition of the board of sewer commissioners, transfer to the department of public works in a manner consistent with section 4 of this Act, and the select board shall be responsible for holding public hearings to set sewer rates and promulgate regulations in accordance with section 5.1 of this Act.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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An Act authorizing remote participation at town meetings in the town of Wayland
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H2053
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HD1227
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T11:51:23.707'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T11:51:23.7066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-02T15:03:57.1366667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-18T11:57:42.0633333'}]
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-18T11:51:23.707'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2053/DocumentHistoryActions
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Bill
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By Representatives Gentile of Sudbury and Linsky of Natick, a petition (accompanied by bill, House, No. 2053) of Carmine Lawrence Gentile, David Paul Linsky and James B. Eldridge (by vote of the town) that the town of Wayland be authorized to hold annual and special hybrid town meetings. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding chapter 39 of the General Laws, or any general or special law or charter provision to the contrary, the town of Wayland may hold annual and special town meetings with voters located in a common, physical location, fully remote or partially remote, to be known as a hybrid town meeting.
SECTION 2. Any town meeting held remotely or in hybrid form in accordance with this act shall be recorded and the recording shall be made available for public viewing on the town’s website for no fewer than 30 days following the conclusion of the meeting. The recording shall also be a permanent record of the town, subject to disclosure upon request.
SECTION 3. All actions taken at a remote or hybrid town meeting held in accordance with this act shall be ratified, validated and confirmed to the same extent as if the town meeting had been conducted entirely in person.
SECTION 4. This act shall take effect upon its passage.
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An Act authorizing the town of Lincoln to establish a fee for checkout bags
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H2054
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HD1277
| 193
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{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T12:24:23.937'}
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[{'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-18T12:24:23.9366667'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-20T12:34:53.0033333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T14:17:26.88'}]
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-20T12:34:53.003'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2054/DocumentHistoryActions
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Bill
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By Representatives Gentile of Sudbury and Peisch of Wellesley, a petition (accompanied by bill, House, No. 2054) of Carmine Lawrence Gentile, Alice Hanlon Peisch and Michael J. Barrett (by vote of the town) that the town of Lincoln be authorized to establish a fee for checkout bags at certain retail establishments. Municipalities and Regional Government. [Local Approval Received.]
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Section 1. The following words, unless the context clearly requires otherwise, shall have the following meanings:
"Checkout Bag" shall mean a bag provided by a retail establishment to a customer at the point of sale. Checkout bags shall not include: (i) bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store; (ii) a paper bag provided by a pharmacy to a customer purchasing a prescription medication; (iii) a non-handled bag used to protect items from damaging or contaminating other purchased items; or (iv) a non-handled bag that is designed to be placed over articles of clothing on a hanger.
"Retail Establishment" shall mean any business facility that sells goods directly to the consumer whether for or not for profit, including but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, and seasonal and temporary businesses.
Section 2. (a) Notwithstanding any general or special law to the contrary, any retail establishment which makes available checkout bags in the Town of Lincoln shall charge for each such bag equal to or greater than $0.10 per checkout bag, as established by regulations to be duly promulgated by the Lincoln Board of Health.
(b) All monies collected pursuant to this section shall be retained by the retail establishment.
(c) Any charge for a checkout bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the "checkout bag charge" thereon.
Section 3. (a) The Health Agent for the Lincoln Board of Health or his/her designee shall have authority to enforce this law and any regulations promulgated thereunder. This law may be enforced through any lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant to G.L. c. 40 § 21D and Article VI of the Town of Lincoln General Bylaws.
(b) The Lincoln Board of Health may adopt and amend rules and regulations to effectuate the purposes of this law.
Section 4. If any provision of this law is declared to be invalid or unenforceable, the other provisions shall be severable and shall not be affected thereby.
Section 5. This act shall take effect three months after its passage.
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An Act authorizing the city of Revere to pay a certain sum of money to the estate of George J. Rotondo, Jr
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H2055
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HD546
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:49:35.083'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:49:35.0833333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:16:38.1433333'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:16:38.143'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2055/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 2055) of Jessica Ann Giannino and Jeffrey Rosario Turco (with the approval of the mayor and city council) that the city of Revere be authorized to pay a certain sum of money to the estate of George J. Rotondo, Jr. Municipalities and Regional Government. [Local Approval Received.]
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The city of Revere may pay an amount not to exceed $39,140 to the Estate of George J. Rotondo, Jr. Councillor George J. Rotondo, Jr. passed away while serving as a member of the city council. This amount represents the salary to which he would have been entitled if he had lived and served until the end of his term of office.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act further regulating siting of solid waste facilities
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H2056
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HD547
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-12T16:30:03.413'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-12T16:30:03.4133333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:18:01.82'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T12:18:30.7433333'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:18:01.82'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2056/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 2056) of Jessica Ann Giannino, Jeffrey Rosario Turco and Michelle M. DuBois for legislation to further regulate the siting of solid waste facilities. Municipalities and Regional Government.
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SECTION 1. Section 150A1/2 of Chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsections at the end of the section:—
(18) the potential adverse impacts on municipalities containing Environmental Justice Population, (defined as a neighborhood whose annual median household income is equal to or less than 65 percent of the statewide median or whose population is made up 25 percent minority or lacking English language proficiency), within one mile of the proposed site including the potential adverse impacts on the considerations stated within this section for which site suitability standards and criteria are established.
(19) the potential for the site to be impacted by anticipated sea level rise or coastal storm surge associated with climate change.
(20) the proximity to and potential impacts of the site on designated Areas of Critical Environmental Concern.
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An Act to prohibit licensing by the Department of Environmental Protection at the WIN Waste Innovations facility in the town of Saugus
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H2057
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HD556
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:47:10.383'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:47:10.3833333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:23:42.1333333'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:23:42.133'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2057/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 2057) of Jessica Ann Giannino and Jeffrey Rosario Turco relative to the licensing of a third burner at the Wheelabrator facility in the town of Saugus. Municipalities and Regional Government.
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Notwithstanding any general or special law to the contrary, the department of environmental protection shall not approve or issue a license for a third burner at the WIN Waste Innovations facility in the town of Saugus or any other solid waste disposal process that would result in additional air emissions or ash disposal at the Saugus incinerator and adjacent ash landfill on Route 107.
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An Act relative to the school committee of the city of Revere
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H2058
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HD569
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:36:57.16'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-10T14:36:57.16'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:24:21.3466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-05T22:22:40.8666667'}]
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-19T12:24:21.347'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2058/DocumentHistoryActions
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Bill
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By Representatives Giannino of Revere and Turco of Winthrop, a petition (accompanied by bill, House, No. 2058) of Jessica Ann Giannino, Jeffrey Rosario Turco and Lydia Edwards (with the approval of the mayor and city council) relative to the school committee in the city of Revere. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Chapter 147 of said acts of 2004 is hereby amended by deleting the text of section 4 and inserting in place thereof the following section:-
SECTION 4. (a) Notwithstanding sections 31 or 36 of chapter 43 of the General Laws or of any general or special law to the contrary, the school committee of the city of Revere shall consist of the mayor and 8 members; 1 member of whom shall be elected by and from the voters of each of the 6 respective wards into which the city is divided and 2 members of whom shall be elected at large.
(b) If a vacancy occurs in the office of school committee member, whether by death, removal, resignation or otherwise, the candidate from that ward who received the second highest number of votes at the last regular election or the at-large candidate who received the third highest number of votes at the last regular election shall be sworn and take office immediately; provided, however, such candidate is willing to serve, registered to vote and domiciled in the appropriate ward, and otherwise eligible to fill the vacancy.
(c) If there is no candidate meeting the requirements of subsection (b), or such qualified candidate declines to be sworn to the position, the city council, and the remaining members of the school committee, shall within 14 days following the date of the vacancy, meet in joint convention and fill the vacancy by a majority vote of the city council and remaining members of the school committee. The person selected to fill the vacancy under this section shall be sworn and immediately take up the duties of the office. A vacancy occurring during the last 6 months of the term shall not be filled in the manner set forth herein.
(d) Any person selected to fill a vacancy under subsections (b) and (c) shall be sworn and take office immediately, serving until the the election results are certified and the elected successor is qualified, at which time their successor shall be sworn and immediately take up the duties of the office in addition to the full term to which they were elected. If the position remains vacant, the candidate elected to the position at the next regular election shall be sworn and begin serving on the on the day following the date on which the election results are certified and the person elected to the vacancy is qualified, in addition to the full term to which they were elected.
SECTION 2. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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An Act promoting a foundation for universal childcare
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H2059
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HD2852
| 193
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{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-19T17:00:11.023'}
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[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-19T17:00:11.0233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T11:57:41.12'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-07T15:15:28.2066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T13:49:02.19'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T13:19:49.3766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T11:46:03.3033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T14:53:59.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2059/DocumentHistoryActions
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Bill
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By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 2059) of Jessica Ann Giannino and others that cities and towns not be allowed to prohibit or regulate family child care homes and large family child care homes in private residences in zoning ordinances or by-laws. Municipalities and Regional Government.
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Section 3 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-
Family child care home and large family child care home, as defined in section 1A of chapter 15D, shall be an allowable use and no city or town shall prohibit or regulate such use in a private residence in its zoning ordinances or by-laws.
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An Act relative to cueing and supervision in the PCA program
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H206
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HD1926
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T23:58:51.957'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T23:58:51.9566667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T13:05:09.74'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T13:05:09.74'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-02T12:47:12.4766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T12:47:12.4766667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T16:22:46.6566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T10:05:00.13'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T16:22:46.6566667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T16:04:11.13'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-22T16:36:28.79'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T16:36:28.79'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T16:36:28.79'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T18:44:50.39'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-27T18:44:50.39'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-27T18:44:50.39'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T18:44:50.39'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-27T18:44:50.39'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T19:36:23.5'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-06T19:17:07.05'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T19:17:07.05'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-06T19:17:07.05'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-13T17:38:19.6833333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-13T17:38:19.6833333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-27T11:54:54.79'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-03T13:21:14.7666667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-27T11:44:04.4366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T11:44:04.4366667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-23T14:14:07.2733333'}]
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 206) of James J. O'Day and others relative to the administration of the personal care attendant program by the Division of Medical Assistance. Children, Families and Persons with Disabilities.
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SECTION 1. Section 12 of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
Notwithstanding the provisions of any general or special law to the contrary, the division shall develop or amend any standards and regulations applicable to the personal care attendant program to include as eligible members those individuals who are otherwise eligible for said program, but who require supervision and cueing in order to perform two or more activities of daily living.
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An Act authorizing cities and towns to establish reduced maximum tow rates during certain declared emergencies
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H2060
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HD3024
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T13:55:13.31'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T13:55:13.31'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:09:32.04'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:15:37.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2060/DocumentHistoryActions
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 2060) of Carlos González, Bud L. Williams and Orlando Ramos relative to authorizing cities and towns to establish reduced maximum tow rates during certain declared emergencies. Municipalities and Regional Government.
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Chapter 159B of the General Laws is hereby amended by inserting after section 6B the following section:-
Section 6B1/2. A city or town that accepts this section may establish a reduced maximum rate for the involuntary towing away of motor vehicles within the city or town’s jurisdiction when such towing is ordered by the police or other public authority due to a parking violation during a declared snow emergency, natural disaster or extreme weather-related emergency, or state of emergency related to the threat of a natural disaster; provided, that the reduced maximum rate shall be equal to one-half of the maximum rate otherwise applicable in said city or town pursuant to section 6B. A city or town that establishes a reduced maximum rate pursuant to this section shall include, in any contract between said city or town and a tow service provider to provide tow services, a provision stating this reduced maximum rate.
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An Act relative to the permitting and construction of accessory dwelling units
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H2061
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HD3927
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:02:13.46'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T14:02:13.46'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-22T11:21:02.81'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T15:46:23.2'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-23T07:58:50.9666667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-23T14:11:27.2133333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:41:17.13'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-23T10:13:45.0533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-22T11:54:30.07'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T15:56:11.44'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-27T13:12:56.53'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T14:48:16.7533333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T16:58:22.2533333'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 2061) of Carlos González and others relative to the permitting and construction of accessory dwelling units. Municipalities and Regional Government.
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SECTION 1. Section 3 of chapter 40A of the General Laws, is hereby amended by adding the following paragraph:-
No charter provision, zoning ordinance, by-law or any rule or regulation, in any city or town shall prohibit, or require a special permit for, permitting or construction by attaching to, constructing within, or constructing upon a single family residence, parcel or lot, that is occupied by the owner, an accessory dwelling unit as defined in section 1A.
SECTION 2. The fifth paragraph of section 5 of said chapter 40A, is hereby amended by striking out clauses (1) and (2) and inserting in place thereof the following 2 clauses:-
(1) an amendment to a zoning ordinance or by-law to allow any of the following as of right: (a) multifamily housing or mixed-use development in an eligible location; or (b) open-space residential development;
(2) an amendment to a zoning ordinance or by-law to allow by special permit: (a) multi-family housing or mixed-use development in an eligible location; (b) an increase in the permissible density of population or intensity of a particular use in a proposed multi-family or mixed use development pursuant to section 9; or (c) a diminution in the amount of parking required for residential or mixed-use development pursuant to section 9;.
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An Act authorizing the town of Bedford to adopt alternative methods for notice of public hearings
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H2062
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HD1546
| 193
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{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-17T10:53:08.27'}
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[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-17T10:53:08.27'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T14:14:12.43'}]
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-18T12:05:15.62'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2062/DocumentHistoryActions
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Bill
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By Representative Gordon of Bedford and Senator Barrett, a joint petition (accompanied by bill, House, No. 2062) of Kenneth I. Gordon and Michael J. Barrett (by vote of the town) relative to authorizing the town of Bedford to adopt alternative methods for notice of public hearings. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding chapter 40A, section 11 of the General Laws, the Town of Bedford is hereby authorized to adopt and further amend general bylaws that restrict the publishing of legal notices on the Town’s website.
SECTION 2. The Town may permit that all legal notices of such public hearings be published: (i) in a local newspaper, either in electronic or paper format; (ii) on the bulletin board outside the Town Clerk’s office; and (iii) on the Town’s website.
SECTION 3. As used in this Act, the term “website” shall mean the official website of the Town of Bedford that is operated and maintained by the Town’s government.
SECTION 4. If any provision or section of this act is invalidated, the remainder shall survive in full force and effect.
SECTION 5. This act shall take effect upon its passage.
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An Act reducing impervious surfaces
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H2063
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HD1941
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:17:58.453'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:17:58.4533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2063/DocumentHistoryActions
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2063) of Kevin G. Honan relative to municipal planning board regulations governing the reconstruction of certain local roadways. Municipalities and Regional Government.
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SECTION 1. Section 81Q of chapter 41 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended, in line 32, by inserting after the word “construction” the following word:- , reconstruction.
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An Act to establish commonsense permitting reforms for businesses and landowners
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H2064
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HD1942
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:18:49.967'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:18:49.9666667'}]
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2064) of Kevin G. Honan relative to zoning variances. Municipalities and Regional Government.
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SECTION 1. Section 9 of chapter 40A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law, shall be subject to general or specific provisions set forth therein, and shall run with the land and shall not be personal to the applicant or owner of the property. Such permits may also impose conditions, safeguards and limitations on time or use.
SECTION 2. Section 10 of chapter 40A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraphs:-
The permit granting authority shall have the power, after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest, to grant a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that a literal enforcement of the provisions of the ordinance or by-law would result in a practical difficulty. In making its determination, the permit granting authority shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood by such grant. In making such determination, the permit granting authority shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a significant detriment to nearby properties will be created in the granting of the dimensional variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a dimensional variance; (3) whether the requested dimensional variance is substantial; (4) whether the proposed variance will have a significant adverse impact on the physical conditions in the neighborhood; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the permit granting authority, but shall not necessarily preclude the granting of the dimensional variance.
Except where local ordinances or by-laws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided, however, that such variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date. No variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located unless the permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.
SECTION 3. Chapter 40A is hereby amended by inserting after the Section 7 the following section:-
Section 7A. Site Plan Review
(a) As used in this section, “site plan review” shall mean a separate review under a municipality’s zoning ordinance or by-law, by the planning board, of a plan showing the proposed on-site arrangement of, parking, pedestrian and vehicle circulation, utilities, grading and other site features and improvements existing or to be placed on a parcel of land, in connection with the proposed use of land or structures. Under site plan review, an applicant proposing the development or redevelopment of land for a use that is authorized by right under the local zoning ordinance or by-law presents a plan and other information relevant to the site design of the proposed development to the planning board, which may take input from municipal departments and parties in interest. Such review shall take place under this section only where the proposed use does not require a special permit or variance under the local by-law or ordinance.
(b) Cities and towns may require such site plan review under a local ordinance or by-law adopted prior to the effective date of this section, or thereafter under this section. Site plan review may be required before a building permit is granted for the construction, reconstruction, or expansion of structures for a use not requiring a special permit or variance, as well as before the commencement of site development not requiring a building or special permit. The planning board may adopt, and from time to time amend, rules and regulations to implement the local site plan review ordinance or by-law, including provisions for the imposition of reasonable fees for the employment of outside consultants in the same manner as set forth in section 53G of chapter 44.
(c) An ordinance or by-law requiring site plan review, whether adopted under this section or previously adopted under the municipality’s home rule authority, shall comply with the provisions of this and all following subsections of Section 7A. The ordinance or by-law shall establish the submission, review, and approval process for applications, which may include the requirement of a public hearing held pursuant to the provisions of section eleven of this chapter. Approval of a site plan shall require a simple majority vote of the planning board and the planning board’s written decision shall be filed with the city or town clerk within the time limits prescribed by the ordinance or by-law, not to exceed 90 days from the date of filing of the application. If no decision is filed within the time limit prescribed, the site plan shall be deemed constructively approved as provided in section 9, paragraph 11 of this chapter.
(d) The decision of the planning board may require only those conditions that the applicant has agreed to make or that otherwise are within the planning board’s power under the applicable ordinance or by-law and is determined by the planning board to be necessary to ensure substantial compliance of the proposed improvements with the requirements of the zoning ordinance or by-law or to reasonably mitigate any extraordinary direct adverse impacts of the proposed improvements on adjacent properties. A site plan application may be denied only on the grounds that: (i) the proposed site plan cannot be conditioned to meet the requirements set forth in the zoning ordinance or by-law; (ii) the applicant failed to submit the information and fees required by the zoning ordinance or by-law necessary for an adequate and timely review of the design of the proposed land or structures; or (iii) there is no feasible site design change or condition that would adequately mitigate any extraordinary direct adverse impacts of the proposed improvements on adjacent properties.
(e) Zoning ordinances or by-laws shall provide that a site plan approval granted under this section shall lapse within a specified period of time, not less than two years from the date the planning board files its decision with the city or town clerk, if substantial use or construction, including substantial investment in site preparation or infrastructure construction, has not yet begun. The aforesaid minimum period of two years may, by ordinance or by-law, be increased to a longer period. If an appeal is filed, the commencement of the lapse period shall be measured from the date of the dismissal of the appeal or entry of final judgment in favor of the applicant. The period for lapse may be extended for good cause by a majority vote of the planning board.
(f) Site plan review decisions may be appealed under Section 17 in the same manner as a special permit. A complaint by a plaintiff challenging a site plan approval under this section shall allege the specific reasons why the planning board exceeded its authority in approving the site plan and shall allege specific facts establishing how the plaintiff is aggrieved by such decision. The planning board’s decision in such a case shall be affirmed unless the court concludes that the decision exceeded the planning board’s authority under subsection (d).
(g) The submission and review process for a site plan submitted in connection with an application for a use that requires a special permit or use variance shall be in conjunction with the submission and review of such special permit or variance application in a coordinated process and shall not be subject to a separate site plan review hearing or process under this section or any local ordinance or by-law.
(h) In municipalities that adopted a zoning ordinance or by-law requiring some form of site plan review prior to the effective date of this act, the provisions of this Section 7A shall not be effective with respect to such zoning ordinance or by-law until one year after the effective date of this act.
SECTION 4. Chapter 40A of the General Laws, as so appearing, is hereby amended by inserting the following section:-
Section 18. Exactions. No decision under this chapter shall be based on the exaction of monetary payment or property from the applicant or landowner unless the decision contains explicit findings of fact and conclusions demonstrating that the exaction so required or requested satisfies federal constitutional requirements.
SECTION 5. Section 81Q of chapter 41, as so appearing, is hereby amended by inserting after the eleventh sentence the following sentence:-
No decision concerning a plan of a subdivision shall be based on the exaction of monetary payment or property from the applicant or landowner unless the decision of the planning board contains explicit findings of fact and conclusions demonstrating that the exaction so required or requested satisfies federal constitutional requirements.
SECTION 6. Section 40 of chapter 131, as so appearing, is hereby amended by striking out the eighteenth paragraph and inserting in place thereof the following paragraph:-
If after said hearing the conservation commission, selectmen or mayor, as the case may be, determine that the area on which the proposed work is to be done is significant to public or private water supply, to the groundwater supply, to flood control, to storm damage prevention, to prevention of pollution, to protection of land containing shellfish, to the protection of wildlife habitat or to the protection of fisheries or to the protection of the riverfront area consistent with the following purposes: to protect the private or public water supply; to protect the ground water; to provide flood control; to prevent storm damage; to prevent pollution; to protect land containing shellfish; to protect wildlife habitat; and to protect the fisheries, such conservation commission, board of selectmen or mayor shall by written order within twenty-one days of such hearing impose such conditions as will contribute to the protection of the interests described herein, and all work shall be done in accordance therewith. No order shall be based on the exaction of monetary payment or property from the applicant or landowner unless the written order contains explicit findings of fact and conclusions demonstrating that the exaction so required or requested satisfies federal constitutional requirements. If the conservation commission, selectmen or mayor, as the case may be, make a determination that the proposed activity does not require the imposition of such conditions, the applicant shall be notified of such determination within twenty-one days after said hearing. Such order or notification shall be signed by the mayor or a majority of the conservation commission or board of selectmen, as the case may be, and a copy thereof shall be sent forthwith to the applicant and to the department.
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An Act providing for safe subdivision ways
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H2065
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HD1943
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:19:37.017'}
|
[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:19:37.0166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2065/DocumentHistoryActions
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2065) of Kevin G. Honan relative to subdivision dead end ways. Municipalities and Regional Government.
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SECTION 1.
Section 81Q of chapter 41 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “way” in line 39 the following:–
provided, however, that any rule or regulation so adopted shall allow dead end ways providing a minimum pavement width of 20 feet and with a turnaround, but shall not limit the length of such dead end to less than 1,200 feet or as specified by the State Fire Code as set forth in the National Fire Prevention Association (NFPA) Code 1 and Publication 1141, as amended (527 CMR 1.00), whichever length is shorter.
SECTION 2.
Any existing rule or regulation promulgated under the subdivision control law shall comply with this act by January 31, 2023 and until such time be waived by the planning board.
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[]
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[]
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[]
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An Act encouraging public-private partnerships to create affordable housing at public sites
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H2066
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HD1944
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:20:30.127'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:20:30.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2066/DocumentHistoryActions
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2066) of Kevin G. Honan relative to the conveyance of municipal property for the construction of mixed-use developments that include housing. Municipalities and Regional Government.
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SECTION 1. Subject to section 16 of chapter 30B of the General Laws, a City of Town may convey property by a ground lease, or any interest therein, to a private developer, urban redevelopment corporation organized under chapter 121A of the General Laws, or nonprofit corporation for the purpose of having that entity construct a mixed-use development that includes housing and a municipal facility, including a public library, police station, or fire station; provided, however, that the City or Town shall convey such property or other interest therein on the condition that the City retain, or be entitled to reacquire, the portion of the development that contains a municipal facility, whether in fee simple, as a condominium, or through any other such interest as shall provide to the public the use of the municipal facility in perpetuity until such time as the City or Town shall no longer need it for a municipal purpose and dispose of it in accordance with law. At least 40 percent of the housing units in any such mixed-use development shall have an affordable housing restriction, as defined in section 31 of chapter 184 of the General Laws, and be made affordable to low or moderate income households with a maximum income of no more than 80 percent of Area Median Income, as defined by the U.S. Department of Housing and Urban Development.
SECTION 2. Subject to section 16 of chapter 30B of the General Laws, any City or Town may acquire property, or any interest therein, for the purpose of transferring the property pursuant to section 1 for the construction by a third-party of a mixed-use development that includes a municipal facility and housing, of which at least 40 percent of the housing units would have an affordable housing restriction, as defined in section 31 of chapter 184 of the General Laws, and be made affordable to low or moderate income households with a maximum income of no more than 80 percent of Area Median Income, as defined by the U.S. Department of Housing and Urban Development.
SECTION 3. Construction and development activity related to the construction, relocation, and redevelopment of a mixed-use development that includes a municipal facility shall not be subject to any general or special law related to the procurement and award of contracts for the construction, reconstruction, installation, demolition, maintenance or repair of buildings by a public agency, except that all such work shall be subject to sections 26 to 27H, inclusive, of chapter 149 of the General Laws.
SECTION 4. This act shall take effect upon its passage.
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[]
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[]
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An Act to safeguard municipal permitting
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H2067
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HD2884
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T17:38:31.983'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T17:38:31.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2067/DocumentHistoryActions
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2067) of Kevin G. Honan relative to municipal permitting. Municipalities and Regional Government.
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Section 6 of Chapter 40A is hereby amended by striking the second paragraph and replacing it with the following:
A zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than twelve months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. Construction or operations under a special permit or site plan approval shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other local land use regulations unless the use or construction is commenced within a period of three years after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. For the purpose of the prior sentence, construction involving the redevelopment of previously disturbed land shall be deemed to have commenced upon substantial investment in site preparation and/or infrastructure construction, and construction of developments intended to proceed in phases shall proceed expeditiously, but not continuously, among phases.
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[]
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[]
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[]
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An Act relative to abutter appeals
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H2068
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HD3798
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-20T14:33:02.583'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-20T14:33:02.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2068/DocumentHistoryActions
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2068) of Kevin G. Honan relative to abutter appeals. Municipalities and Regional Government.
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SECTION 1. Section 17 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
Other than an applicant challenging conditions imposed on a permit, a party appealing the grant of zoning relief or denial of zoning enforcement has the burden of establishing that they are aggrieved by the decision appealed. Parties in interest as defined in section eleven shall not be aggrieved solely by virtue of their status as abutters or abutters to abutters within three hundred feet. Any appeal of a grant of zoning relief or denial of zoning enforcement by a person other than an applicant challenging conditions imposed on a permit shall be dismissed unless within sixty days following the filing of appeal pursuant to this section the plaintiff files an affidavit setting forth with particularity the specific harm to the plaintiff's property interest alleged as a result of the decision appealed from and identifying persons with knowledge of said harm and documents that support the allegations made in the complaint or described in the affidavit. In the event that a plaintiff identifies harm from traffic, drainage or other impacts of a technical nature, the filing referenced in the preceding sentence must include the affidavit of an expert qualified by training, certification and education to testify as to impact of the alleged harm on the plaintiff's property interest.
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[]
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[]
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[]
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An Act relative to property subdivision
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H2069
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HD452
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T14:59:39.08'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T14:59:39.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2069/DocumentHistoryActions
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 2069) of Steven S. Howitt relative to property subdivision. Municipalities and Regional Government.
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SECTION 1. Section 81L of Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “thereon” in line 15, the following the language:- “, d) and provided that, not more than 3 new lots for development are being created by such division.”
SECTION 2. Section 81P of Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the words “twenty-one days” in line 13 and inserting the words “thirty days.”
SECTION 3. Section 81P of Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the words “twenty-one days” in line 19 and inserting the words “thirty days.”
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[]
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[]
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[]
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An Act relative to persons with developmental disabilities
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H207
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HD2520
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T14:08:35.52'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-19T14:08:35.52'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-26T13:04:41.8166667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T13:04:41.8166667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-01T13:27:01.2933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T13:27:01.2933333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T15:53:45.5566667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T12:47:48.3333333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T10:04:12.41'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T10:04:12.41'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T10:04:12.41'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T10:04:12.41'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-06T10:04:12.41'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-06T18:36:34.9766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T15:53:45.5566667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:53:00.2533333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-09T12:37:38.5266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-16T23:31:58.61'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-11T05:10:08.17'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T18:21:43.22'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:02:24.96'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-16T16:55:40.62'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-05-15T06:50:10.8766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:02:29.56'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T11:46:27.8333333'}]
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 207) of James J. O'Day and others relative to persons with developmental disabilities. Children, Families and Persons with Disabilities.
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SECTION 1: Section 1 of chapter 123B, as appearing in the 2020 Official Edition, is hereby amended by striking lines 18 through 37 and inserting in place thereof the following:-
“Person with a developmental disability,” (1) an individual 5 years of age or older with a severe, chronic disability that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial function limitations in 3 or more of the following areas of major life activity: (1) self-care; (2) receptive and expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, individualized supports or other forms of assistance that are of a lifelong or extended duration and are individually planned and coordinated; or (2) an individual under the age of 5 who has a substantial developmental delay or specific congenital or acquired condition with a high probability that the condition will result in developmental disability if services are not provided. A person who has a developmental disability may be considered to be mentally ill; provided, however, that no person with a developmental disability shall be considered to be mentally ill solely by the reason of the person’s developmental disability.
SECTION 2: This act shall take effect on January 1, 2025.
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[]
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[]
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An Act creating a commission to study the effects of unfunded mandates on municipalities
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H2070
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HD955
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:25:35.663'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-17T15:25:35.6633333'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-18T08:30:16.5433333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:10:14.2733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2070/DocumentHistoryActions
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 2070) of Steven S. Howitt, Norman J. Orrall and Kelly W. Pease relative to establishing a special commission to study the effects of unfunded mandates on municipalities. Municipalities and Regional Government.
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Section 1. Chapter 39 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 24 the following new section: -
Section 25. There shall be a commission on unfunded mandates on municipalities, hereinafter referred to as the commission. The commission shall consist of 7 members: three of whom shall be appointed by the governor, one of whom shall be a municipal official, who shall serve as co-chair; the director of the division of local mandates, hereinafter referred to as director, who shall also serve as co-chair; one member nominated by the Massachusetts Municipal Association; one member nominated by the Massachusetts Treasurer’s and Collector’s Association; and one member nominated by the Massachusetts Town Clerk’s Association.
Said members shall serve a term of two year from the date of appointment, unless sooner removed by the governor upon the recommendation of the nominating organization after consultation with said director. When a vacancy occurs, a new member representing the same office shall be appointed to fill the remainder of the unexpired term.
Members of the commission shall serve without compensation. The commission shall compile a list of unfunded mandates and their costs to municipal government, and shall file this list with the clerks of the senate and the house of representatives together with proposals, if any, to mitigate the effects of such mandates.
The commission shall have the following responsibilities:
1. to review and analyze all unfunded local mandates from state and federal authorities, and to deliver an economic impact report of such effects on municipalities to the governor, and to the minority and majority leadership of the House and Senate;
2. to act as an independent advocate for the interests of local governments in their relations with state and federal governments;
3. to promulgate rules and regulations governing its procedures and those of the executive committee; and
4. to perform such other like services as the commission shall decide upon.
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[]
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[]
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[]
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An Act relative to snow removal fines
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H2071
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HD1873
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:09:04.077'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:09:04.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2071/DocumentHistoryActions
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 2071) of Daniel J. Hunt for legislation to authorize municipalities to enforce snow removal penalties for sidewalks abutting privately-owned property near certain state roadways. Municipalities and Regional Government.
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Section 21(3) of chapter 40 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end the following sentence:-- Such by-laws shall apply to sidewalks abutting privately-owned property within the state highway system of the Massachusetts department of transportation and the parkways and public ways of the department of conservation and recreation, unless such by-law is clearly inconsistent with a rule or regulation promulgated by either of such departments. Enforcement can be undertaken by local municipalities provided that the revenue shall be split with the parties through a further memorandum of understanding.
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[]
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[]
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[]
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An Act relative to the Board of Health in the town of Reading
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H2072
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HD1187
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:09:07.523'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:09:07.5233333'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-23T11:34:19.5566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T11:49:06.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2072/DocumentHistoryActions
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2072) of Bradley H. Jones, Jr., Jason M. Lewis and Richard M. Haggerty (by vote of the town) relative to the board of health in the town of Reading. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Article 4.4 of the town of Reading home rule charter is hereby amended by striking out the first paragraph and inserting, in place thereof, the following:
There shall be a Board of Health consisting of five (5) members appointed by the Board of Selectmen for three (3) year terms so arranged that at least one (1) term shall expire each year.
SECTION 2. Within 30 days of passage of this act, the Board of Selectmen shall appoint two individuals to the Board of Health in accordance with Article 4.4 of the Charter and Section 1 of this act, provided, however, that one (1) member shall have an initial term of two (2) years. After that initial two (2) year term, all terms shall be for three (3) years.
SECTION 3. This act shall take effect immediately upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[]
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An Act relative to protecting municipalities from unfunded mandates
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H2073
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HD255
| 193
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-11T13:07:04.4'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-11T13:07:04.4'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-12T15:22:52.14'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-08T13:56:02.2266667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T13:01:16.15'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:36:40.1'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-25T14:21:40.1433333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T13:20:04.7433333'}]
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T13:07:04.4'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2073/DocumentHistoryActions
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Bill
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By Representatives Kane of Shrewsbury and Arciero of Westford, a petition (accompanied by bill, House, No. 2073) of Hannah Kane, James Arciero and others for legislation to require that fiscal notes be attached to legislation providing unfunded mandates on municipal governments. Municipalities and Regional Government.
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Chapter 3 of the General Laws is hereby amended by inserting after section 38B the following section:-
Section 38B½.(a) For the purposes of this section, an unfunded mandate to a city or town is one that imposes a cost on municipal governments as a result of legislation being considered by the General Court, including, but not limited to the cost for the requisite staff necessary to administer or implement the legislation.
(b) Joint committees of the general court and the committees on ways and means of either branch thereof when referred bills that contain an unfunded mandate to municipalities shall, prior to a favorable report of such bill include a fiscal note or study which clearly explains any cost described in subsection (a).
(c) Notwithstanding any general or special law to the contrary, in the event that there is a cost to any city or town regarding such legislation, the general court shall refrain from enacting the legislation until such time as an appropriation satisfying said cost is provided by the general court.
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[]
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[]
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[]
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An Act amending the charter of the town of Marshfield
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H2074
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HD1488
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T14:21:53.983'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T14:21:53.9833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:35:29.1266667'}]
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:35:29.127'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2074/DocumentHistoryActions
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Bill
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By Representative Kearney of Scituate and Senator O'Connor, a joint petition (accompanied by bill, House, No. 2074) of Patrick Joseph Kearney and Patrick M. O'Connor (by vote of the town) relative to changing the name of the board of selectmen to select board in the town of Marshfield. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The charter of the town of Marshfield, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 2. Said charter is hereby further amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- members of the select board.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act relative to special education reserve funds
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H2075
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HD1419
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-11T12:55:22.837'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-11T12:55:22.8366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:29:57.5433333'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-05-16T13:32:59.5433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-01T09:19:52.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2075/DocumentHistoryActions
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 2075) of Kathleen R. LaNatra, Marcus S. Vaughn and Vanna Howard relative to school district special education reserve funds. Municipalities and Regional Government.
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Section 13E of the Chapter 40 of the General Laws as so appears is hereby amended by deleting “2 percent of the annual net school spending” and by inserting the following words:- “5 percent of the annual net school spending.”
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[]
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[]
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[]
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An Act relative to a regional school assessment reserve fund
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H2076
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HD1420
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-11T12:50:10.243'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-11T12:50:10.2433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-01T09:20:39.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2076/DocumentHistoryActions
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 2076) of Kathleen R. LaNatra and Marcus S. Vaughn relative to authorizing cities and towns to establish regional school assessment reserve funds. Municipalities and Regional Government.
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SECTION 1. Chapter 40 of the General Laws is hereby amended by adding the following section:
Section 13F - Regional School Assessment Reserve Fund for payments towards future Regional Assessments
Any municipality which accepts this section by a majority vote of the municipality’s legislative body may establish and appropriate or transfer money to a reserve fund to be utilized in the upcoming fiscal years, to pay for the Regional Assessment in years when the Regional Assessment increases by more than 3.5% over the previous year’s Regional Assessment. The balance in the reserve fund shall not exceed 10 percent of the annual Regional Assessment for the municipality.
Funds shall only be distributed from the reserve funds after a majority vote of the municipality’s legislative body in years when the Regional Assessment is more than 3.5% in order to bring the Regional Assessment down to no less than 2.5% increase.
The municipal treasurer may invest the monies in the manner authorized in section 54 of chapter 44 and any interest earned thereon shall be credited to and become part of the fund.
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[]
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[]
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[]
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An Act relative to veterans housing advantage
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H2077
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HD1445
| 193
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{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:54:09.393'}
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[{'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-01-18T13:54:09.3933333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T16:40:24.52'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-31T14:51:05.9766667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T14:51:05.9766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T13:17:32.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2077/DocumentHistoryActions
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Bill
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By Representative Lawn of Watertown, a petition (accompanied by bill, House, No. 2077) of John J. Lawn, Jr., and others relative to establishing veterans’ housing preferences. Municipalities and Regional Government.
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SECTION 1. Chapter 40A of the General Laws is hereby amended by inserting after section 9C the following section:-
Section 9D. A city or town that adopts or has adopted an inclusionary zoning ordinance or by-law may also adopt an ordinance or by-law establishing a veterans’ preference in private development. A city or town that adopts a veterans’ preference pursuant to this section may offer up to 10 per cent of the city or town’s low or moderate income housing inventory pursuant to sections 20 through 23, inclusive, of chapter 40B and its implementing regulations to a qualified veteran before the lottery process. This section shall not increase existing amount of such affordable units set by the city or town. A veteran who meets all existing requirements for eligibility for low or moderate income housing shall be eligible for such veterans’ preference; and the city or town may require proof of veteran status as the city or down deems necessary. If no veteran is eligible for such veterans’ preference units, said units shall revert back to the general lottery.
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[]
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[]
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[]
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An Act authorizing local control of waste collection hours of operation
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H2078
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HD2805
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:35:16.453'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:35:16.4533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2078/DocumentHistoryActions
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2078) of Jay D. Livingstone relative to authorizing local control of waste collection hours of operation. Municipalities and Regional Government.
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SECTION 1. Section 31A of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the word “town;” and inserting in place thereof the following words:- town. Said board of health may restrict the hours in which business, residential, or commercial garbage, offal or other offensive substances may be collected in areas zoned for residential or commercial use;. .
SECTION. 2 Section 31A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “business, commercial or”.
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[]
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[]
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[]
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An Act relative to sanctuary cities and towns
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H2079
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HD1386
| 193
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{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:19:22.11'}
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[{'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-01-18T13:19:22.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2079/DocumentHistoryActions
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Bill
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By Representative Lombardo of Billerica, a petition (accompanied by bill, House, No. 2079) of Marc T. Lombardo for legislation to prohibit cities or towns from failing to enforce federal immigration laws by designating themselves as sanctuary cities and to withhold unrestricted general government aid to cities and towns for non-compliance. Municipalities and Regional Government.
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SECTION XX. Chapter 39 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following new section:-
Section 1. As used in this act the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Illegal immigrant”, an individual who is not a United States citizen and who is not lawfully present in the United States.
“Political subdivision”, city, town, or country.
“Satisfactory immigration status”, immigration status under which an individual who is not a United States citizen is lawfully present in this country.
Section 2. (a) A political subdivision may not enact an ordinance, adopt a resolution, or establish a policy that prohibits an employee of that political subdivision from doing any of the following:
1. Inquiring whether an individual who has been lawfully detained or arrested has satisfactory immigration status.
2. With regard to the immigration status of any individual who has been lawfully detained or arrested, sending the information to, or requesting or receiving information from, the federal government. Such information may include information regarding an individual's place of birth, and such information may be maintained by the political subdivision and may be exchanged with another political subdivision, another state, and with the federal government.
3. Assisting or cooperating with a federal immigration officer, including the provision of enforcement assistance.
4. Permitting a federal immigration officer to enter and conduct immigration enforcement activities in any building or facility under the control of the political subdivision.
(b) If a political subdivision has in effect on the effective date of this legislation, an ordinance, resolution, or policy that is inconsistent with par. (a), the ordinance, resolution, or policy does not apply and may not be enforced.
Section 3. (a) If the attorney general, a district attorney, or a police chief believes that a political subdivision is failing to comply with the requirements of sub. (2) (a), the attorney general, or the district attorney or police chief with the appropriate jurisdiction, may file a writ of mandamus with the Superior Court, for the county where the alleged failure to comply with sub. (2) (a) occurred to compel the noncomplying political subdivision to comply with the requirements.
(b) If the court finds that the political subdivision has failed to comply with sub. (2) (a), the court shall notify the Department of Revenue of its finding of noncompliance and the Department of Revenue shall reduce the amount unrestricted government aid payments to the political subdivision in the following year by one of the following amounts for each day after the filing of an action under par. (a) that the political subdivision was noncompliant:
1. If the population of the political subdivision is less than 10,000, $2,000.
2. If the population of the political subdivision is at least 10,000 but less than 100,000, $5,000.
3. If the population of the political subdivision is at least 100,000 but less than 250,000, $10,000.
4. If the population of the political subdivision is 250,000 or more, $15,000.
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