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An Act relative to encouraging the growth of small businesses
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H226
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HD1481
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-12T15:19:41.36'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-12T15:19:41.36'}]
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 226) of James Arciero relative to encouraging the growth of small businesses. Community Development and Small Businesses.
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SECTION 1 The General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after chapter 93K the following new chapter:
Chapter 93L, Bona Fide Business Entities
Section 1. A business entity that provides services under a written contract is not an employee for the purposes of Title IX, Taxation, and Title XXI, Labor and Industries, provided that the business entity is bona fide. A business entity will be deemed to be bona fide if it is shown that:
(a) The business entity is registered as such with the Secretary of the Commonwealth and is in good standing;
(b) The business entity includes the compensation it receives for the services it renders on federal and applicable state tax schedules as income from an independent business or profession;
(c) The business entity reports the compensation paid to its employees, if any, to the Internal Revenue Service and the Massachusetts Department of Revenue; and
(d) The business entity complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its employees.
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An Act promoting radon testing
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H2260
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HD2055
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:50:41.313'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-18T14:50:41.3133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T16:38:43.7566667'}]
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2260) of David M. Rogers and Rebecca L. Rausch that the Department of Public Health be directed to promulgate regulations requiring that certain child care programs undergo routine radon testing. Public Health.
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Notwithstanding any general or special law, rule or regulation to the contrary, the department of public health shall promulgate regulations to require that, subject to appropriation, all child care programs, as licensed or authorized by the department of early education and care, and public schools undergo routine radon testing. Testing schedules, documentation of testing, standards for acceptable radon levels and plans for mitigation of unacceptable levels of radon shall be determined, and made public, by the department of public health within 1 year of the enactment of this bill.
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An Act to prohibit the use of polystyrene foam food containers
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H2261
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HD2432
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T13:02:09.377'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T13:02:09.3766667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:27:38.8666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:15:33.55'}]
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Bill
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By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2261) of David M. Rogers, Lindsay N. Sabadosa and Michelle M. DuBois for legislation to prohibit the use of polystyrene foam food containers. Public Health.
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SECTION 1. Chapter 111 of the General Laws are hereby amended by inserting after Section 5S:
Section 5T.
EXTRUDED OR EXPANDED POLYSTYRENE FOAM FOOD CONTAINERS
Section 1. Definitions. As used in this section, the following terms have the following meanings, unless the context clearly indicates otherwise:
A. "Compostable," with regard to a material, means that the material will undergo degradation by biological processes during composting to yield carbon dioxide, water, inorganic compounds and biomass at a rate consistent with other materials that undergo degradation by biological processes and leave no visible, distinguishable or toxic residue, including no adverse impact on the ability of compost to support plant growth once the compost is placed in soil;
B. "Disposable food container" means a container, bowl, plate, tray, carton, cup, lid or other item designed for one-time use for prepared foods. "Disposable food container" includes foodware for take-out foods and leftovers from partially consumed meals prepared by food vendors;
C. “Polystyrene” means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes clear or solid polystyrene, which is known as “oriented polystyrene”;
D. "Polystyrene foam” means blown polystyrene and expanded and extruded foams using polystyrene;
E. "Recyclable," with regard to a material, means that a material that would otherwise be disposed of or processed as waste can be recovered, separated, collected and reprocessed for the purpose of using the reprocessed material in the manufacture of a new product.
Section 2. Prohibition on polystyrene foam food ware. After January 1, 2024, no person may sell or provide in this State any food ware product composed in whole or in part of extruded or expanded polystyrene foam:
A. No Store or Food Distributor shall serve or sell prepared food or beverage in EPS foam containers and shall not package meat, eggs, bakery products, or other food in EPS foam containers.
B. No Store, Food Distributor, or Food Packager shall package meat, eggs, bakery products, or other food in EPS foam containers.
C. No Store that sells tangible personal property at retail shall sell EPS foam food or beverage containers.
D. The State shall not use EPS foam food or beverage containers at any State facility or State sponsored event.
E. No State department or facility shall purchase or acquire EPS foam food or beverage containers.
F. All parties who contract with the State shall be prohibited from using EPS foam food and beverage containers in State facilities or on State-funded projects within the State.
Section 3. Compliance. Compliance with this section shall be as follows.
A. All distributors engaged in the sale or distribution in the State of products covered under subsection 1 shall certify to the commissioner their compliance with subsection 1.
Section 4. Enforcement.
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An Act enhancing podiatric profession's registration and oversight
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H2262
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HD2456
| 193
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{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T13:17:27.617'}
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[{'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-19T13:17:27.6166667'}]
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Bill
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By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 2262) of John H. Rogers relative to the board of registration in podiatry within the board of registration in medicine. Public Health.
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SECTION 1. Chapter 13 of the General Laws is hereby amended by striking out sections 12A to 12C, inclusive, and inserting in place thereof the following sections:-
Section 12A. There shall be within the board of registration in medicine a board of registration in podiatry, to be appointed by the governor, in this and in the following two sections called the podiatry board, consisting of five members, citizens of the commonwealth, three of whom shall have had at least seven years of practice in podiatry in this commonwealth. The fourth member shall be a registered physician who shall have had at least seven years of practice in medicine in this commonwealth. The fifth member shall be a representative of the public, subject to the provisions of section nine B. No member of the board shall be connected in any way with a school of podiatry or be financially interested in any manufacturing, wholesale or retail business, pertaining to podiatry in any form whatsoever. As the term of a member expires, his successor shall be appointed by the governor, to serve for five years.
Section 12B. The podiatry board shall annually meet in the month of October at such time and place as it shall determine, and shall organize by electing a chairman and secretary, who shall be members of the podiatry board, and who shall hold their respective offices for one year. The podiatry board shall hold at least six additional meetings at such times and places as it shall determine or upon call of the chairman. Three members of the podiatry board shall constitute a quorum for the transaction of business.
Section 12C. The members of the podiatry board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the podiatry board.
SECTION 2. Said chapter 13 is further amended by inserting after section 12C the following section:-
Section 12D. The board of registration in medicine in consultation with the commissioner of public health may review and approve rules and regulations proposed by the podiatry board. Such regulations will be deemed approved unless disapproved within ninety days of submission to the medicine board provided, however, that any such disapproval shall be in writing setting forth the reasons for such disapproval.
SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out section 17A and inserting in place thereof the following section:-
Section 17A. The board shall keep a full record of its proceedings and a registry of all persons registered by it, which shall be public records and open to inspection. Subject to the provisions of section 12D of chapter 13, the board shall make such rules and regulations as may be necessary for the proper conduct of its duties. It shall make an annual report, including a statement of the condition of podiatry in the commonwealth.
The board shall investigate all complaints of the violation of any provision of sections thirteen to twenty-two, inclusive, or of section sixty-five relative to podiatry, and report the same to the proper prosecuting officers.
Said chapter 112 is further amended by inserting after section 17B the following Section:-
Section 17C. The board shall promulgate regulations jointly with the board of registration in medicine, and in consultation with the commissioner of public health, to ensure that podiatrists under the board of registration in podiatry are subject to requirements commensurate to those that physicians are subject to under the board of registration in medicine pursuant to section 5 and sections 5A to 5M, inclusive, as they apply to the creation and public dissemination of individual profiles and licensure restrictions, disciplinary actions and reports, claims or reports of malpractice, communication with professional organizations, physical and mental examinations, investigation of complaints and other aspects of professional conduct and discipline.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act creating an obesity task force
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H2263
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HD82
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:36:20.447'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:36:20.4466667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-08T13:25:10.73'}]
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2263) of Jeffrey N. Roy for legislation to establish a task force (including members of the General Court) to examine the impact of obesity in the Commonwealth. Public Health.
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SECTION 1. There is hereby established a Task Force on the Impacts on Obesity. The task force shall be chaired by the president of the senate or their designee and the speaker of the house of representatives or their designee, and shall consist of the following members: the senate chair of the joint committee on health care finance, the house chair of the joint committee on health care finance, the senate chair of the joint committee on public health, the house chair of the joint committee on public health committee, the Secretary of health and human services or their designee, the commissioner of public health or their designee, the executive director of the group insurance commission or their designee, the executive director of the health policy commission or their designee, a representative of the Massachusetts health and hospitals association, a representative of the American cancer society cancer action network, a representative of the American heart and stroke association, a representative of the Massachusetts health council, a representative of the alliance of YMCA’s, a representative of the Massachusetts medical society, a representative of the Massachusetts nurses association, a representative of the Massachusetts health council, a representative of the Massachusetts public health association, a representative of associated industries of Massachusetts and a representative of the Massachusetts business roundtable.
The commission shall:
1. Examine the impact of obesity in the commonwealth including but not limited to the cost implications for employer and employee premiums and out of pocket expenses, lost productivity, impacts on wellness and health, co-morbidities and on the overall costs to the health care system.
2. Make recommendations for guidelines and protocols relative to:
a) The proper screening and assessment of obesity
b) Education, prevention and wellness programs
c) Proper approved FDA treatment, medications and therapies
d) Eliminating barriers to prevention and wellness programs, education and treatment programs and FDA approved medications
e) Understanding the society and behavioral impacts of addressing obesity in the workplace and other settings
f) Understanding the social, economic, racial and ethnic impacts on diabetes
3. Examine the impacts on the prevalence of co-morbidities such as cancer, cardiovascular and other diseases.
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An Act to create equitable approaches to public health
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H2264
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HD1653
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T16:26:10.5'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-18T16:26:10.5'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-18T16:28:35.5366667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-23T12:10:10.9166667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-10T09:33:33.25'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-08-07T09:27:16.4566667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-02T16:52:14.0966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-02T13:49:16.5333333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T12:32:28.5233333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-05-04T15:02:47.3533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-19T11:53:29.7566667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-28T17:10:23.22'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:36:20.3366667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-08-23T13:17:19.8633333'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-18T16:26:10.5'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2264/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton and Senator Mark, a joint petition (accompanied by bill, House, No. 2264) of Lindsay N. Sabadosa, Paul W. Mark and others that the Executive Office of Health and Human Services establish a grant program to increase the availability of non-law-enforcement, unarmed community-based response options for emergency calls. Public Health.
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SECTION 1. Chapter 6A of the General Laws shall be amended by inserting the following new section:-
Section 16CC. The Executive Office of Health and Human Services shall establish and provide administrative oversight to the Equitable Approaches to Public Health grant program to increase the availability of non-law-enforcement, unarmed community-based response options for emergency calls.
Said grant program shall --
(i) make competitive grants to eligible applicants to develop local systems for protecting the mental and physical well-being of residents, preventing violence, de-escalating volatile situations, ensuring access to human services, and reducing government use of force, in emergency and non-emergency situations that do not necessitate the presence of law enforcement personnel, or, where appropriate, the person requesting help requests a response from an alternative to law enforcement and;
(ii) produce timely evaluation of grant performance to clarify and assess the outcomes and costs of funded programs, and any trends across service models provided through the grant program overall; provided further that outcomes assessed shall include, though need not be limited to, mental, physical, and behavioral health outcomes, impact on reduced demand for law enforcement response to 911 calls, and rate of successfully connecting residents with human services for which they present a need.
Grant making criteria and decisions shall be made by a board of community-based stakeholders, one of whom shall be the executive director of the Massachusetts Chapter of the National Association of Social Workers or a designee, one of whom shall be the secretary of the Department of Mental Health or a designee, one of whom shall be the director of Greater Boston Association of Black Social Workers or a designee, one of whom shall be the director of the Massachusetts Peer Support Network or a designee, one of whom shall be the director of the Western Massachusetts Learning Community or designee, one of whom shall be a consumer of services of the Louis D. Brown Peace Institute, one of whom shall be a consumer of services of the Massachusetts Office of Addiction and Recovery, and one of whom shall be the director of Jane Doe Inc. or a designee.
SECTION 2. To be eligible to receive a grant under this act, an entity shall be a partnership of—
1.(a) a unit of local government, or its contractor or tribal organization, acting through an entity that is independent of any law enforcement agency; and
(b) a covered community-based organization. The term Community-Based Organization shall mean — A nonprofit community-based organization, a consortium of nonprofit community-based organizations, or a national nonprofit organization acting as an intermediary for a community-based organization.
2. if applicable, a nonprofit or public institution of higher education, community mental health center, or behavioral health organization local to the community.
SECTION 3. To be eligible to receive a grant under this Act for a project, a partnership shall submit an application, to the Executive Office of Health and Human Services at such time, in such manner, and containing such information as the Executive Office of Health and Human Services may require, including—
(1) information that specifies in detail—
(A) the covered populations that the partnership will target for services under this Act;
(B) the experience of the members of the partnership in successfully working in the community to be served and partnering with the target populations.
(C) how the grant funds will be used;
(D) the expertise of the partnership, including its staff, in implementing the project to provide the proposed services;
(E) how the partnership will implement or develop evidence-informed best practices in carrying out the project, including references to applicable research; and
(F) the partnership’s plan for gathering regular feedback from service recipients about the quality of the services, including contacts and resources, provided through the project; and
(2) a memorandum of understanding that—
(A) identifies each partner, including each agency of the unit of local government or tribal organization, as applicable, involved, and is signed by a representative of each partner in the partnership carrying out the project; and
(B) outlines—
(i) the partnership’s engagement with the community, including members of the covered population, and the role the engagement played in developing the project;
(ii) the financial and programmatic commitment of each partner, and the specific role of a law enforcement agency, if involved in a backup role;
(iii) the responsibilities of partners, emergency dispatch operators, and dispatchers in the national 911 system, in properly identifying calls in the community to be served necessitating a community-based emergency and non-emergency response and directing those calls to appropriate responders;
(iv) the responsibilities of information and referral systems for essential community services, accessed in most localities by dialing 211, and the National Suicide Prevention Hotline for participating in efficiently routing direct callers to services;
(v) the responsibilities of each partner with respect to data collection and evaluation;
(vi) as of the date of submission of the application, how each partner’s existing vision, theory of change, theory of action, and activities align with those of the grant program set forth in this Act;
(viii) how the eligible partners’ governing boards or advisory boards, and emergency responders, are representative of the community to be served;
(ix) how a structure through which residents of the community and grassroots organizations will have an active role in the eligible partnership’s decision-making;
(x) how the partnership anticipates that the project involved will decrease the presence of local law enforcement in situations not warranting an emergency response;
(xi) any State or local laws that may be an impediment to implementation of the project; and
(xii) any other information the Executive Office of Health and Human Services reasonably determines to be necessary.
SECTION 4. An eligible partnership that receives a grant under this Act for a project may use the grant funds for—
(1) project planning and community engagement;
(2) project implementation;
(3) staffing and recruitment;
(4) facilities;
(5) operational costs, including costs of startup or expansion activities, marketing, language translation and interpretation, and transportation;
(6) engagement with technical assistance providers;
(7) consulting services;
(8) training;
(9) program and project evaluation, including evaluation of program and project efficacy, staff performance, and service delivery;
(10) programming and service interventions that include—
(A) activities that prioritize human service interventions, by entities other than law enforcement; or
(B) activities that include triaging emergencies, through emergency dispatch operators, in a manner that results in referral to entities other than law enforcement; and
(11) activities that include follow-up by human services organizations after contact by law enforcement, such as peer support or community mediation, social services, or behavioral health services;
(12) training for emergency dispatch operators; and
(13) training for community members, or family members of people requiring emergency or non-emergency response, to facilitate comprehensive and clear communication with emergency dispatch operators to ensure that necessary information is conveyed about when an intervention by a nonpolice human services organization is the most appropriate response.
SECTION 5. None of the grant funds shall be provided to State, tribal, or local law enforcement agencies.
SECTION 6. Not later than 4 fiscal quarters after the board begins dispensing grants in accordance with this subsection, the Commonwealth shall enter into a contract with an independent entity or organization – whose governing board or senior staff is comprised all or in part of community members who i) live in communities that experience a disproportionate police presence or that are disproportionately impacted by the criminal justice system or (ii) were formerly incarcerated to conduct an evaluation for the purposes of—
(a) determining the effect of the provision of such services on—
(I) emergency room visits;
(II) use of ambulatory services;
(III) hospitalizations;
(IV) the involvement of law enforcement in mental health or substance use disorder crisis events;
i). Including but not limited to:
a.Data to be made available by the Department of Public Health pertaining to law enforcement-related injury or death
b.Data to be made available by the entity responsible for the identification and dispatching of 911 or emergency services relative to a covered population’s needs
(VI) other relevant outcomes identified by the Executive Office of Health and Human Services
SECTION 7. Each recipient of a grant for a project under this section is required to submit an annual report to the Executive Office of Health and Human Services that details—
(1) the specific uses of the grant funds;
(2) the number of individuals contacted through the project;
(3) the number of individuals connected with ongoing services or resources through the project, disaggregated by race, ethnicity, gender, sexual orientation, gender identity, disability status, religious affiliations, and other characteristics;
(4) any evidence of positive outcomes following the contacts or connections;
(5) any evidence of negative outcomes that may have occurred following the contacts or connections;
(6) the percentage of total emergency calls diverted from law enforcement to the grant recipient;
(7) the percentage of emergency calls diverted to the grant recipient that have been addressed;
(8) the extent to which the grant recipient is hiring or training individuals from within the covered population, and the recruitment, hiring, training, and retention practices for such individuals;
(9) any related reduction in the number of calls to law enforcement over the period of the project;
(10) any changes in the types of calls made to the 911 system, to the extent that it is practicable to report information on such changes;
(11) any increases in the number of calls to the 211 (or equivalent) systems for essential non-emergency community services or calls to the 988 National Suicide Prevention Hotline over the period of the project;
(12) any State or local laws that were an impediment to implementation of the project; and
(13) any evidence of completed in-home, teletherapy, or in-community responses that included counseling, crisis response, family treatment, mediation, or other evidence-based interventions that addressed complex needs not able to be resolved by non-emergency calls alone.
SECTION 8. Not later than October 1, 2028, the Executive Office of Health and Human Services shall—
(1) complete an evaluation detailing the implementation of, outcomes of, and best practices from the grant program carried out under this Act, including program-wide information on the factors described in paragraphs (2) through (13) of section 6; and
(2) submit to the legislature a report containing the evaluation and recommended next steps for the program.
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An Act relative to pregnancy loss awareness
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H2265
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HD127
| 193
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T18:03:56.44'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-09T18:03:56.44'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-06T13:55:26.3466667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T14:07:59.95'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T14:18:18.7666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:17:30.8233333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:55:41.76'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-07T14:35:37.8966667'}]
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Bill
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By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 2265) of Lindsay N. Sabadosa and others for legislation to establish a pregnancy loss awareness program within the Department of Public Health. Public Health.
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Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 244. (a) The commissioner shall develop and disseminate to the public information regarding pregnancy loss, including information on: (i) awareness of pregnancy loss and the incidence and prevalence of pregnancy loss among pregnant people; and (ii) the accessibility of the range of evidence-based treatment options, as medically appropriate, for pregnancy loss, including miscarriage and recurrent miscarriage, including but not limited to comprehensive mental health supports, necessary procedures and medications and culturally responsive supports such as pregnancy-loss doula care.
The commissioner may disseminate information to the public directly or through arrangements with agencies carrying out intra-agency initiatives, nonprofit organizations, consumer groups, community organizations, institutions of higher education or state or local public-private partnerships.
(b) The commissioner shall expand and coordinate programs for conducting and supporting evidence-based research with respect to causes of and current and novel treatment options and procedures for pregnancy loss.
(c) The commissioner shall, in consultation with and in accordance with guidelines from relevant medical societies, develop and disseminate to perinatal health care workers, including midwives, physician assistants, nurse practitioners, clinical nurse specialists and non-clinical perinatal health care workers, information on pregnancy loss for the purpose of ensuring that such perinatal health care workers remain informed about current information regarding pregnancy loss, including miscarriage and recurrent miscarriage, and prioritizing both the physical and mental health care of the patient. For purposes of this subsection, the term “perinatal health care worker” shall include any doula, community health worker, peer supporter, breastfeeding and lactation educator or counselor, nutritionist or dietitian, childbirth educator, social worker, home visitor, language interpreter or navigator.
(d) The commissioner shall, in a manner that protects personal privacy and complies with federal law, collect and assess data regarding pregnancy loss, including information disaggregated by race, ethnicity, health insurance status, disability, income level and geography on the prevalence of, the incidence of and knowledge about pregnancy loss.
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An Act to promote public health through the Prevention and Wellness Trust Fund
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H2266
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HD3708
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:58:42.62'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:58:42.62'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-08-23T16:41:03.8966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T07:42:06.3333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:36:30.3833333'}]
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{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-19T16:42:09.4'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2266/DocumentHistoryActions
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Bill
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By Representatives Santiago of Boston and Nguyen of Andover, a petition (accompanied by bill, House, No. 2266) of Jon Santiago, Tram T. Nguyen and others for legislation to promote public health through the Prevention and Wellness Trust Fund. Public Health.
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SECTION 1. Section 2G of Chapter 111 of the MGL is hereby amended by striking in its entirety and replacing it with the following new section:-
Section 2G. (a) There shall be established and set upon the books of the Commonwealth a separate fund to be known as the Prevention and Wellness Trust Fund to be expended, without further appropriation, by the department of public health. The fund shall consist of revenues collected by the commonwealth including: (1) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (2) any fines and penalties allocated to the fund under the General Laws; (3) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (4) any interest earned on such revenues; and (5) any funds provided from other sources. The commissioner of public health, as trustee, shall administer the fund. The commissioner, in consultation with the Prevention and Wellness Advisory Board established under section 2H, shall make expenditures from the fund consistent with subsections (d) and (e); provided, that not more than 10 per cent of the amounts held in the fund shall be used by the department for the cost of program administration and not more than 10 per cent of amounts held in the fund shall be used for technical assistance to grantees, program evaluation and data analytics.
(b) The department may incur expenses and the comptroller may certify payment of amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.
(c) All expenditures from the Prevention and Wellness Trust Fund shall support 1 or more of the following purposes: (1) increase access to community-based preventive services and strategies which complement and expand the ability of MassHealth to promote coordinated care, integrate community-based services with clinical care, and develop innovative ways of addressing social determinants of health; (2) reduce the largest drivers of poor health, health disparities, reduced quality of life, and high health care costs though community-based strategies; (3) increase access to health promoting conditions and opportunities to improve quality of life and reduce health care costs for populations experiencing health outcome inequities through community-based strategies including policy, systems, and environmental changes or (4) develop a stronger evidence-base of effective primary prevention strategies.
(d) The commissioner shall award not less than 80 per cent of the Prevention and Wellness Trust Fund through a competitive grant process to municipalities, community-based organizations, health care providers, regional-planning agencies, and health plans that apply for the implementation, evaluation and dissemination of evidence-based community preventive health strategies. To be eligible to receive a grant under this subsection, a recipient shall be a partnership that includes at minimum: (1) a municipality or regional planning agency; (2) a community-based health or social service provider; (3) a public health or community action agency with expertise in implementing community-wide health strategies (4) a health care provider or a health plan; (5) where feasible, a Medicaid-certified accountable care organization or a Medicaid-certified Community Partner organization. Expenditures from the fund for such purposes shall supplement and not replace existing local, state, private or federal public health-related funding. All entities awarded funds through this program must demonstrate the ability to utilize best practices in accounting, contract with a fiscal agent who will perform accounting functions on their behalf, or be provided with technical assistance by the Department to ensure best practices are followed.
(e) A grant proposal submitted under subsection (d) shall include, but not be limited to: (1) a plan that defines specific goals for the reduction in preventable health conditions and health care costs over a multi-year period; (2) the evidence-based or evidence-informed programs the applicant shall use to meet the goals; (3) a budget necessary to implement the plan, including a detailed description of the funding or in-kind contributions the applicant or applicants will be providing in support of the proposal; (4) any other private funding or private sector participation the applicant anticipates in support of the proposal; (5) a description of how the proposed strategies have been informed by community residents most at risk for health inequities, including women, racial and ethnic minorities and low income individuals; and (6) the anticipated number of individuals that would be affected by implementation of the plan. Priority may be given to proposals in a geographic region of the state with a higher than average prevalence of preventable health conditions, as determined by the commissioner of public health, in consultation with the Prevention and Wellness Advisory Board. If no proposals were offered in areas of the state with particular need, the department shall ask for a specific request for proposal for that specific region. If the commissioner determines that no suitable proposals have been received, such that the specific needs remain unmet, the department may work directly with municipalities or community-based organizations to develop grant proposals. The department of public health shall, in consultation with the Prevention and Wellness Advisory Board, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented or authorized by the department.
(f) The department of public health shall, annually on or before January 31, report on expenditures from the Prevention and Wellness Trust Fund. The report shall include, but not be limited to: (1) the revenue credited to the fund; (2) the amount of fund expenditures attributable to the administrative costs of the department of public health; (3) an itemized list of the funds expended through the competitive grant process and a description of the grantee activities; and (4) status report of the evaluation of the effectiveness of the activities funded through grants. The report shall be provided to the chairpersons of the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing and shall be posted on the department of public health’s website, and shall be posted on the department’s website.
(g) The department of public health shall, under the advice and guidance of the Prevention and Wellness Advisory Board, report periodically on its strategy for administration and allocation of the fund, including relevant evaluation criteria. The report shall set forth the rationale for such strategy, which may include: (1) a list of the most prevalent preventable health conditions in the commonwealth, including health disparities experienced by populations based on race, ethnicity, gender, disability status, sexual orientation or socio-economic status; (2) a list of the most costly preventable health conditions in the commonwealth; (3) a list of community-level risk factors and precursors to the health conditions identified in (1) and (2); and (4) a list of evidence-based or promising community-based strategies related to the conditions identified in clauses (1) and (2). The report shall recommend specific areas of focus for allocation of funds. If appropriate, the report shall reference goals and best practices established by the National Prevention and Public Health Promotion Council, the Centers for Disease Control and Prevention, and other relevant experts, including but not limited to MassUP, the Hi-5 Initiative, the national prevention strategy, the healthy people report, the guide to community preventive services, and the Robert Wood Johnson culture of health initiative.
(h) The department of public health shall promulgate regulations necessary to carry out this section.
SECTION 2. Section 2H of Chapter 111 of the General Laws is hereby amended by striking in its entirety and replacing it with the following new section:-
Section 2H. (a) There shall be a Prevention and Wellness Advisory Board to make recommendations to the commissioner concerning the administration and allocation of the Prevention and Wellness Trust Fund established in section 2G, establish evaluation criteria and perform any other functions specifically granted to it by law.
(b) The board shall consist of the commissioner of public health or a designee, who shall serve as chairperson; the house and senate chairs of the joint committee on public health or their designees; the house and senate chairs of the joint committee on health care financing or their designees; the secretary of health and human services or a designee; the executive director of the center for health information and analysis or a designee; the executive director of the health policy commission established in section 2 of chapter 6D of the MGL or a designee; and 16 persons to be appointed by the governor, 1 of whom shall be a person with expertise in the field of public health economics; 1 of whom shall be a person with expertise in public health research; 1 of whom shall be a person with expertise in the field of health equity; 1 of whom shall be a person from a local board of health for a city or town with a population greater than 50,000; 1 of whom shall be a person of a board of health for a city or town with a population of fewer than 50,000; 1 of whom shall be representatives of health insurance carriers; 1 of whom shall be a person from a consumer health advocacy organization; 1 of whom shall be a person from a hospital association; 1 of whom shall be a person from a statewide public health organization; 1 of whom shall be a representative of the interest of businesses; 1 of whom shall be a public health nurse or a school nurse; 1 of whom shall be a person from an association representing community health workers; 2 of whom shall represent a statewide association of community-based service providers addressing public health; and 2 of whom shall be a person with expertise in the design and implementation of community-wide public health strategies. In selecting appointees, the governor shall consider diverse representation on the board by race, ethnicity, gender, and geographic region.
(c) The Prevention and Wellness Advisory Board shall evaluate the program authorized in section 2G of said chapter 111 and shall issue an evaluation report at an interval to be determined by the Board, but not less than every 5 years from the beginning of each grant period. The report shall include an analysis of all relevant data to determine the effectiveness of the program including, but not limited to, an analysis of: (i) the extent to which the program impacted the prevalence, severity, or control of preventable health conditions and the extent to which the program is projected to impact such factors in the future; (ii) the extent to which the program reduced health care costs or the growth in health care cost trends and the extent to which the program is projected to reduce such costs in the future; (iii) whether health care or other costs were reduced and who benefited from the reduction; (iv) the extent that health outcomes or health behaviors were positively impacted; (v) the extent that access to evidence-based community strategies was increased; (vi) the extent to which the social determinants of health were addressed by grantees; (vii) the extent that community wide risk factors for poor health were reduced or mitigated; (viii) the extent that grantees increased their ability to collaborate, share data, and align services with other providers and community-based organizations for greater impact; (ix) the extent to which health inequities experienced by populations based on race, ethnicity, gender, disability status, sexual orientation or socio-economic status were reduced across all metrics; and (x) recommendations for whether the program should be discontinued, amended or expanded and a timetable for implementation of the recommendations.
The department of public health shall coordinate with grantees to contract with an outside organization that has expertise in the analysis of public health and health care financing to assist the board in conducting its evaluation. The outside organization shall be provided access to actual health plan data from the all-payer claims database as administered by the center for health information and analysis and data from MassHealth, to the extent permitted by law; provided, however, that the data shall be confidential and shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 of the General Laws.
The board shall report the results of its evaluation and its recommendations, if any, and drafts of legislation necessary to carry out the recommendations to the house and senate committees on ways and means, the joint committee on public health, and the joint committee on health care financing and shall post the board’s report on the website of the department of public health.
SECTION 3. Section 68 of Chapter 118E of the General Laws is hereby amended by inserting after subsection (f) the following subsection:–
(g) (1) In addition to the surcharge assessed under subsection (a), acute hospitals and ambulatory surgical centers shall assess a prevention and wellness surcharge on all payments subject to surcharge as defined in section 64. The prevention and wellness surcharge amount shall equal the product of (i) the prevention wellness surcharge percentage and (ii) amounts paid for these services by a surcharge payor. The office shall calculate the prevention and cost control surcharge percentage by dividing $15,000,000 by the projected annual aggregate payments subject to the surcharge, excluding projected annual aggregate payments based on payments made by managed care organizations. The office shall determine the prevention and wellness surcharge percentage before the start of each fund fiscal year and may redetermine the prevention and wellness surcharge percentage before April 1 of each fund fiscal year if the division projects that the initial prevention and wellness surcharge established the previous October will produce less than $10,000,000 or more than $20,000,000. Before each succeeding October 1, the office shall redetermine the prevention and wellness surcharge percentage incorporating any adjustments from earlier years. In each determination or redetermination of the prevention and wellness surcharge percentage, the office shall use the best data available as determined by the office and may consider the effect on projected prevention and wellness surcharge payments of any modified or waived enforcement under subsection (e). The office shall incorporate all adjustments, including, but not limited to, updates or corrections or final settlement amounts, by prospective adjustment rather than by retrospective payments or assessments.
(2) Prevention and wellness surcharge payments shall be deposited in the Prevention and Wellness Trust Fund, established in section 2G of chapter 111.
(3) All provisions of subsections (a) to (f) and section 64 shall apply to the prevention and wellness surcharge, to the extent not inconsistent with the provisions of this subsection.
SECTION 4. Section 14 of Chapter 94G is hereby amended by striking out subsection
(b), inserted by section 40 of chapter 55 of the acts of 2017, and inserting in place thereof the following subsection:-
(b) Money in the fund shall be subject to appropriation. Money in the fund shall be expended for the implementation, administration and enforcement of this chapter by the commission and by the department of agricultural resources for the implementation, administration and enforcement of sections 116 to 123, inclusive, of chapter 128 and the provision of pesticide control pursuant to chapter 132B; provided, that 10 per cent of the amounts held in the fund in any 1 year shall be transferred annually to the Prevention and Wellness Trust Fund established in section 2G of chapter 111, not later than June 30. Thereafter, money in the fund shall be expended for: (i) public and behavioral health including but not limited to, evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services in a recurring grant for school districts or community coalitions who operate on the strategic prevention framework or similar structure for youth substance use education and prevention; (ii) public safety; (iii) municipal police training; and (iv) programming for restorative justice, jail diversion, workforce development, industry specific technical assistance, and mentoring services for economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses pursuant to chapter 94C.
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An Act regarding racism as a public health crisis in Massachusetts
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H2267
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HD3703
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:57:35.947'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:57:35.9466667'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-08-23T16:10:52.4433333'}]
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{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T15:48:41.367'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2267/DocumentHistoryActions
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Bill
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By Representatives Santiago of Boston and Worrell of Boston, a petition (accompanied by bill, House, No. 2267) of Jon Santiago and Christopher J. Worrell that the commissioner of the Department of Public Health declare racism as a public health crisis and direct the Office of Health Equity to develop policies to dismantle systemic racism impacting health. Public Health.
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SECTION 1. The commissioner of the Department of Public Health shall declare racism as a public health crisis, and shall direct the Office of Health Equity to develop policies to dismantle systemic racism impacting health; including, but not limited to, the implementation of a health equity audit of services provided by the Department of Public Health, increasing health data transparency regarding race/ethnicity, and establishing programs focused on the prevention and treatment of chronic diseases disproportionately impacting communities of color. The Office of Health Equity shall submit an annual report to the Commissioner of the Department of Public Health and the Legislature on the state of systemic racism impacting public health.
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An Act relative to timely physician licensure
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H2268
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HD3685
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:54:53.53'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:54:53.53'}]
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 2268) of Jon Santiago relative to physician licensure. Public Health.
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SECTION 1. Section 2 of chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in the first paragraph by inserting after the second sentence the following sentence:-
The board shall implement administrative procedures to ensure that applications for registration, including registration of qualified physicians who have been licensed or registered upon a written examination in another state pursuant to paragraph 3 of this section, are reviewed and processed within 90 days from the date of submission.
SECTION 2. Said section 2 of chapter 112, as so appearing, is hereby further amended by inserting after the sixth paragraph the following paragraph:-
If the board has not made a determination on a physician’s application for renewal of the certificate of registration within 90 days from the date of submission of a complete renewal application, the board shall issue a temporary registration to the physician so that the physician can complete the internal hospital credentialing and privileging process at the hospital at which the physician is employed or at the hospital at which the physician will be employed.
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An Act to establish a pilot program for specialty pharmacy in urology
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H2269
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HD3712
| 193
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T16:43:46.813'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T16:43:46.8133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-07T07:41:14.47'}]
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 2269) of Jon Santiago and Paul McMurtry for legislation to establish a pilot program for specialty pharmacy in urology. Public Health.
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(a) The department of public health and the board of pharmacy shall jointly develop a pilot program to allow urology providers in private practice to operate specialty practice pharmacies in an effort to expand patient access to medications for urological conditions.
(b) The department of public health, in consultation with the board of pharmacy, shall determine the criteria for participation in the program, including the number of practices that may participate; provided that a practice must accept MassHealth patients to qualify for participation in the program. The department may conduct a listening session or other public process to receive input from interested parties regarding the criteria and other aspects of the program.
(c) Each specialty practice pharmacy program shall be operated by a urology practice and shall be staffed as needed to provide appropriate high-quality care, under protocols for pharmaceutical services, specific medications to be offered, and staffing requirements to be developed by the department of public health and the board of pharmacy.
(d) The department of public health shall issue a request for proposals for qualified urology practices to submit proposals to become a provider of pharmaceutical services under this section; provided, that proposals must be submitted and providers selected within 6 months of the date of enactment of this act. In selecting participants for the program, the department and the board of pharmacy shall consider each applicant’s patient payer mix, patient population demographics, organization structure and size, and region of service, in an effort to promote more direct and equitable access to urological medication in underserved populations. The department and the board should prioritize applicants that can provide high quality pharmaceutical services and that address barriers that contribute to inequities in urological pharmaceutical care, including among gender, race, ethnicity, language, sexual orientation, social stigma and other social determinants of health.
(e) The pilot program shall be conducted for 2 years. Before the completion of 2 years of operation, the department of public health and the board of pharmacy shall evaluate the results of the pilot as they relate to patient access to medication, patient costs, patient adherence to medication, and additional pharmaceutical indicators. The results of the evaluation shall be provided to the joint committee on public health and posted on the website of the department. The department and the board may renew the pilot program for a second 2-year period if they determine, based on the evaluation, that it is in the public interest to continue the program.
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An Act relative to neighborhood stabilization and economic development
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H227
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HD3728
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:16:59.667'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:16:59.6666667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:22:46.27'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:01.65'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T16:05:04.38'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:30:31.05'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T13:32:19.1366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:51:38.4233333'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 227) of Antonio F. D. Cabral and others relative to neighborhood stabilization and economic development. Community Development and Small Businesses.
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SECTION 1. Section 3 of chapter 70B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the colon, in line 21, the following words: “neighborhood stabilization,”.
SECTION 2. Section 1 of chapter 121A, as so appearing, is hereby amended by replacing the definitions of “decadent area”, “sub-standard area”, and “project” with the below definitions of those terms, and inserting the following additional definitions after the definition of “project”-
“Decadent area”, an area, including a spot rehabilitation property, which is detrimental to safety, health, morals, welfare or sound growth of a community because of the existence of a building or buildings which are out of repair, physically deteriorated, unfit for human habitation, or obsolete, or in need of major maintenance or repair, or because much of the real estate in recent years has been sold or taken for non-payment of taxes or upon foreclosure of mortgages, or because a building or buildings have been torn down and not replaced and in which under existing conditions it is improbable that the building or buildings will be replaced, or because of a substantial change in business or economic conditions, or because of inadequate light, air, or open space, or because of excessive land coverage, or because diversity of ownership, irregular lot sizes or obsolete street patterns make it improbable that the area will be redeveloped by the ordinary operations of private enterprise, or by reason of any combination of the foregoing conditions.
“Sub-standard area”, an area, including a spot rehabilitation property, upon which there is a dwelling or wherein dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitation facilities, or any combination of these factors, are detrimental to safety, health, morals, welfare or sound growth of a community.
“Project”, any undertaking consisting of the construction in one or more specified blighted open, decadent or sub-standard areas of decent, safe and sanitary residential, commercial, industrial, institutional, recreational or governmental buildings and such appurtenant or incidental facilities as shall be in the public interest, and the operation and maintenance of such buildings and facilities after construction. A “project” may include as incidental thereto any one or more of the following:— (a) acquisition and assembly of the land (and buildings and structures and other improvements thereon, if any) within a blighted open, decadent or sub-standard area or areas; (b) clearance of the land within a blighted open, decadent or sub-standard area or areas; (c) acquisition, assembly and clearance of land, buildings or structures not in themselves blighted, decadent, or sub-standard if their inclusion is necessary for the clearance, redevelopment, reconstruction or rehabilitation of a blighted open, decadent or sub-standard area or areas; and (d) installation, construction, and reconstruction of public and private ways, public utilities and services, and site improvements essential to the preparation of blighted open, decadent or sub-standard area or areas for beneficial development or redevelopment.
“Spot Blight Project Sponsor”, a community development corporation certified under chapter 40H; a bona-fide non-profit organization, established under chapter 180 that has, in the determination of the housing board, satisfactory and sufficient experience in the construction or rehabilitation of residential or non-residential buildings, the creation or provision of affordable housing, the restoration of abandoned property, the revitalization and improvement of neighborhoods, or a similar purpose; a redevelopment authority established under chapter 121B; or a partnership of two or more of any of the foregoing; that is approved under this chapter to rehabilitate a spot rehabilitation property.
“Spot Rehabilitation Property”, a residential single-family home, a residential building with not more than four separate units, a commercial property under 10,000 square feet with a building or buildings thereon, or any building under 10,000 square feet with a mix of residential and commercial uses that meets the following criteria: (a) the building or buildings on the property have been vacant for the last twelve months, (b) construction has not begun pursuant to a building permit that has been issued to conduct rehabilitation of the building or buildings on the property for the purpose of making the property habitable or useable for commercial purposes, and (c) the municipality has made a determination that the building or buildings are distressed, upon consideration of the following: the building or buildings are out of repair, physically deteriorated, unfit for human habitation, or obsolete, or in need of major maintenance or repair, or because the building has been sold or taken for non-payment of taxes or upon foreclosure of mortgages.
“Spot Rehabilitation Project”, any project, the subject of which consists exclusively of spot rehabilitation properties.
SECTION 3. Chapter 121A of the General Laws, as so appearing, is hereby further amended by deleting section 7A and inserting in its place the following:
Section 7A. A corporation organized under section three or an insurance company or a group of insurance companies or a savings bank or group of savings banks operating under this chapter or a spot blight project sponsor may purchase or lease from a housing authority, redevelopment authority, municipality or other public body real estate acquired by such authority, municipality or public body for land assembly and redevelopment or urban renewal purposes under chapter one hundred and twenty-one B, upon such terms and conditions, consistent with this chapter, as shall be approved by the housing board and may erect and maintain a project upon the land so acquired. Such corporation shall not be required to offer its stock to the owners of the real estate within the location of the project and such owners have no preferential right to subscribe thereto; but in all other respects the provisions of this chapter shall be applicable to corporations acting thereunder and their projects.
SECTION 4. Section 11 of chapter 121A, as so appearing, is hereby further amended by inserting the following paragraph after the third paragraph:
A spot blight project sponsor shall have the power, with the approval of the local municipality, to sell, exchange, give or otherwise transfer in whole or in part the land or interests therein, including air rights, leased or acquired by it under this chapter, with the buildings or other structures thereon, constituting a project or portion hereunder to any entity identified in the foregoing paragraph, or may sell or lease the spot rehabilitation property to any individual or group of individuals intending to use said property for residential use.
SECTION 5. Chapter 121A of the General Laws, as so appearing, is hereby further amended by inserting after section 18D the following section:
Section 18E. A spot blight project sponsor may undertake on land owned or to be acquired by it one or more spot rehabilitation projects under this chapter, or acquire spot rehabilitation projects or any severable portion thereof from corporations, individuals or entities authorized to undertake or acquire spot rehabilitation projects under this chapter, and the provisions of this chapter, specifically including the powers granted by sections six A and eleven and the procedures set forth in section eighteen B shall, to the extent applicable, apply to such spot blight project sponsor and such spot rehabilitation projects, excepting the following:
(a) The term “corporation” as used in section six A, seven A, section ten, section eleven, section twelve, section thirteen, section fourteen, and section fifteen shall be deemed to mean spot blight project sponsor with respect to spot blight projects.
(b) Section three shall not be applicable to such spot blight project sponsor; and provided further, a spot blight project sponsor may undertake more than one spot rehabilitation project.
(c) Section five shall not be applicable to a spot blight project; provided, however, that the spot blight project sponsor shall submit an application for the approval of a spot rehabilitation project, in the form required pursuant to section five to the municipality for its approval.
(d) So much of section six as relates to the agreement of association shall not be applicable to such spot blight project sponsor. The first, eighth, ninth, and tenth paragraphs of section six shall not be applicable to a spot blight project. The municipality where the spot blight project is located shall have full responsibility for approval of the proposed spot blight project as set forth in the second through seventh paragraphs of section six. The municipality shall transmit its final decision to the housing board for record keeping purposes only.
(e) The second paragraph of section six B shall not be applicable to such spot blight project sponsor, except that the planning board at least fourteen days before the day of the hearing shall mail a notice to each owner of land that is within the proposed spot blight project. If service cannot be made, then service shall be made by posting a copy of the notice upon a portion of the property facing a public way, by publication of a copy of the notice in one newspaper of general circulation, and posting on the municipality’s website.
(f) Section seven shall not be applicable to such spot blight project sponsor.
(g) So much of section eight as provides that “Every such corporation shall be deemed to have been organized to serve a public purpose” shall be construed to mean “Every such project shall be deemed to have been undertaken to serve a public purpose”. The term “housing board” as used in section eight shall be deemed to mean “municipality”.
(h) Section nine shall not be applicable to such spot blight project sponsor.
(i) The term “shall” as used in the first and third paragraphs of section ten shall be deemed to mean “may” with respect to a spot blight project sponsor. A spot blight project sponsor that elects to forego the tax exemptions provided under section ten shall not be required to comply with the other provisions of that section, and shall not be required to obtain signatures of a majority of the assessors under section six A.
(j) So much of section fifteen as relates to reducing the indebtedness of a corporation shall apply only to indebtedness incurred in connection with a spot rehabilitation project. The term “operating and maintenance expenses” shall be deemed to include rehabilitation costs, including any principal and interest on loans used for the project, and costs other than direct rehabilitation costs, as well as a developer’s fee to the spot blight project sponsor, which fee shall not exceed 20% of the combined cost of acquisition and rehabilitation of the spot rehabilitation property.
(k) The provisions of sections five, six A, and eleven shall, as modified by this section 18E, apply to a spot rehabilitation project whether said spot rehabilitation project is in Boston, Springfield or another municipality.
SECTION 6. Section 2 of chapter 21E, as so appearing, is hereby amended by striking section (f) within the definition of “Owner,” or “Operator”, and inserting in its place the following:
(f) A redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation, or a spot blight project sponsor pursuant to chapter 121A shall not be deemed an owner or operator if all of the following requirements are met:
(1) the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor has acquired its portion of the site in accordance with the provisions of chapter 40F, chapter 121A, chapter 121B or chapter 121C or any applicable special acts;
(2) no act or failure of duty of the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor or of any employee or agent thereof, caused or contributed to, or exacerbated any release or threat of release of oil or hazardous material at or from the site;
(3) the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor satisfies all of the following conditions:
a) notifies the department in compliance with this chapter and regulations promulgated thereto upon obtaining knowledge of a release or threat of release of oil or hazardous material for which notification is required pursuant to this chapter and regulations promulgated pursuant thereto;
b) provides reasonable access to the site or portion of the site under its control to employees, agents and contractors of the department for all purposes authorized by this chapter, and to other Persons for the purpose of conducting response actions pursuant to this chapter and regulations promulgated thereto;
c) takes reasonable steps (i) to prevent the exposure of people to oil or hazardous material by fencing or otherwise preventing access to the portion of the site under its ownership or possession, and (ii) to contain any further release or threat of release of oil or hazardous material from a structure or container under its ownership or possession;
d) if there is an imminent hazard at or from the portion of the site under its control, controls the potential risk to public health, safety, welfare, or the environment at or from the site by taking immediate response actions at the portion of the site under its ownership or possession, in compliance with this chapter and regulations promulgated thereto;
e) conducts any response action undertaken at the site in compliance with this chapter and regulations promulgated thereto; and
f) acts diligently to sell or otherwise to divest itself of ownership or possession of its portion of the site in accordance with the provisions of chapter 40F, chapter 121A½, chapter 121B or chapter 121C, or any applicable special acts. Whether the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or Project Sponsor is acting or has acted diligently to sell or otherwise to divest itself of ownership or possession of its portion of the site shall be determined by considering the same criteria applicable to secured lenders set forth in subclause (iii) of subparagraph (F) of clause (5) of paragraph (c).
(4) if the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor acquired ownership or possession of a site or portion of a site prior to the effective date of this act, the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor notifies the department of any releases of oil or hazardous material of which it has knowledge in accordance with section 7 and the regulations promulgated thereunder, and shall meet the requirements in clause (3) of this paragraph relative to such releases within six months of being notified by the department of the requirements in this paragraph.
SECTION 7. Chapter 121A of the General Laws, as so appearing, is hereby amended by adding the following section:
Section 20. There shall be a commission to study strategies to improve the quality of the housing stock in weak markets with the goal of making these properties safer, more accessible to residents with disabilities, and more resilient to climate change. The commission’s review shall include, but not be limited to---the use of guidance documents to consistently grant relief from building codes in common circumstances where appropriate; provisions to reduce the time and cost associated with obtaining variances in circumstances that are consistent with these guidance documents; dissemination of creative strategies to use new technologies to address common challenges bringing older structures up to code; the deployment of energy efficiency programs, Home Modifications Grants, elevator and sprinkler funds, and other resources to help building rehab projects in weak markets meet health and safety standards.
The commission shall consist of: 2 members of the Senate, 1 of whom shall represent a Gateway Municipality as defined in section 3A of chapter 23A of the General Laws and shall serve as co-chair; 2 members of the House of Representatives, 1 of whom shall represent a Gateway Municipality and shall serve as co-chair; 2 members appointed by the governor, 1 of whom shall represent the Massachusetts Association of Community Development Corporations; and 1 of whom shall represent the Rural Policy Advisory Commission; and 6 members appointed by the Secretary of Housing and Economic Development: one of the appointive members shall be an architect licensed to practice in the commonwealth; one of the appointive members shall be a licensed building inspector; one of the appointive members shall be a Gateway Municipality housing director; one of the appointive members shall be a fire official from a Gateway Municipality; 2 of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities. The commission shall file a report of its findings and recommendations, including, but not limited to, legislative, regulatory, and procedural changes, with the clerks of the senate and house of representatives, the chairs of the joint committee on housing not later than December 31, 2024.
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An Act relative to the safer treatment
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H2270
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HD3865
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:54:02.287'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:54:02.2866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2270/DocumentHistoryActions
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 2270) of Jon Santiago relative to the practice of “dry needling” or “trigger point acupuncture” by certain health care professionals. Public Health.
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SECTION 1. Section 148 of Chapter 112 of the General Laws is amended by adding the following definition after the definition of “acupuncture intern”:-
“Dry needling” or “Trigger Point Acupuncture”, the practice of intramuscular therapy, means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single use, single insertion, sterile filiform needle (without the use of heat, cold, or any other added modality or medication), that is inserted into the skin or underlying tissues to stimulate trigger points. Dry needling may apply theory based only upon Western medical concepts, requires an examination and diagnosis, and treats specific anatomic entities selected according to physical signs. Trigger point Acupuncture/Dry needling does not include the stimulation of auricular points, utilization of distal points or non-local points, needle retention, application of retained electric stimulation leads, or the teaching or application of other acupuncture theory.
SECTION 2. Chapter 112 of the General Laws shall be amended by adding the following new section after section 152:-
Section 152A. Licensed health care professionals wishing to practice “dry needling” or “trigger point acupuncture” as defined in Section 148 of Chapter 112 of the General Laws shall meet the following criteria:
(a) Practitioners must have completed at least two years of post-graduate, professional experience prior to the addition of trigger point acupuncture/dry needling.
(b) Five hundred didactic hours and 150 clinical hours total shall be required training for the practice of dry needling/trigger point acupuncture.
(c) Proof of education shall be supplied by the practitioner upon request by the department of public health.
(d) Education must be in-person and provided by qualified instructors as determined by IDFPR in consultation with the department of public health.
(e) Practitioners shall demonstrate minimal competency through psychometrically sound, third party examination testing not given by the courses offering training.
(f) A standard set of competencies shall be defined, including the knowledge, skills, and abilities needed for the safe and competent practice of trigger point acupuncture/dry needling by non-Licensed acupuncturists by the department of public health.
(g) Anyone practicing dry needling shall obtain and maintain the advanced orthopedic clinical certification.
(h) Any health care practitioner dry needling shall meet the continuing education required for acupuncture.
(i) The CNT class and exam taught by the CCAOM shall be passed by all practitioners of dry needling/trigger point acupuncture.
(j) Treatment defined as dry needling/trigger point acupuncture shall be charted appropriately in the medical record.
(k) Significant adverse events (requiring follow up medical attention) shall be reported and documented.
(l) Specific and appropriate written consent for treatment must be obtained from the patient, and malpractice insurance policies must specify acupuncture coverage.
SECTION 3. The department of public health shall promulgate rules and regulations necessary to the implementation of this chapter.
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An Act relative to licensure demographics
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H2271
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HD3868
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{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:53:16.983'}
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[{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-17T16:53:16.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2271/DocumentHistoryActions
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Bill
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By Representative Santiago of Boston, a petition (accompanied by bill, House, No. 2271) of Jon Santiago relative to initial licensure and renewal of licensure in professions that provide mental health and substance use disorder treatment. Public Health.
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SECTION 1. Chapter 13 of the General Laws is hereby amended by inserting after section 109 the following section:-
Section 110. (a) The department of public health shall annually collect and report on demographic information of applicants for initial licensure and renewal of licensure in professions that provide mental health and substance use disorder treatment. The department shall collect data from the board of registration in social work; board of registration in the allied mental health and human services professions; and board of registration of psychologists. The report shall include, but not be limited to: (i) race; (ii) ethnicity; (iii) language (primary and secondary); (iv) gender identity; (v) county(ies) where applicant intends to practice or currently practices; (vi) school where master’s degree was conferred; (vii) years of prior experience in the field of behavioral health; (viii) states, territories, or other jurisdictions where currently or previously licensed; (ix) application decision; (x) amount of time from application submission to application decision; and (xi) if the application resulted in denial, reason(s) for denial.
(b) Not later than October 31, 2023, and annually thereafter, the department shall report aggregate findings to the joint committee on mental health, substance use and recovery and make findings publicly accessible. Published findings shall be available in searchable, sortable format to allow for the cross-tabulation of statistical variables.
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An Act relative to physician licensure
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H2272
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HD1958
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{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-19T08:49:34.567'}
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[{'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-19T08:49:34.5666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2272/DocumentHistoryActions
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Bill
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By Representative Saunders of Belchertown, a petition (accompanied by bill, House, No. 2272) of Aaron L. Saunders relative to physician licensure. Public Health.
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SECTION 1 Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a task force on an interstate medical licensure compact and licensure reciprocity. The task force shall consist of: the secretary of the executive office of health and human services or a designee who shall serve as chair; the commissioner of the department of public health or a designee; the commissioner of the department of mental health or a designee; the executive director of the board of registration in medicine or a designee; the Undersecretary of the office of consumer affairs and business regulation or a designee; a representative from the health policy commission; a representative from the Massachusetts Medical Society; a representative from the Massachusetts Health and Hospital Association; and a representative from the Massachusetts League of Community Health Centers.
b) The task force shall conduct an analysis and issue a report evaluating the commonwealth’s options to facilitate appropriate interstate medical practice and the practice of telemedicine including the potential entry into an interstate medical licensure compact or other reciprocity agreement. The analysis and report shall include but not be limited to: (i) an analysis of physician job vacancies in the commonwealth broken down by practice specialization and projected vacancies based on the demographics of the commonwealth’s physician workforce and medical school graduate retention rates; (ii) an analysis of other states’ entry into the interstate medical licensure compact and any impact on quality of care resulting from entry; (iii) an analysis of the ability of physicians to provide follow-up care across state lines, including via telehealth; (iv) an analysis of registration models for providers who may provide care for patients via telehealth with the provider located in one state and the patient located in another state, provided that said analysis would include delineation of provider responsibilities for registration and reporting to state professional licensure boards; (v) an analysis of impacts to health care quality, cost and access resulting from other states’ entry into a medical licensure compact, as well as anticipated impacts to health care quality, cost and access associated with entry into an interstate medical licensure compact; (vi) evaluations of barriers and solutions regarding prescribing across state lines; (vii) evaluations of the feasibility of a regional reciprocity agreement allowing telemedicine across state lines both for existing patient provider relationships and/or the establishment of new relationships; (viii) evaluations of the feasibility of the establishment of interstate proxy credentialing; and (ix) recommendations regarding the commonwealth’s entry into an interstate physician licensure compact or other licensure reciprocity agreements.
(c) The task force shall submit its recommendations to the governor and the clerks of the house of representatives and the senate not later than October 1, 2023
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An Act modernizing birth certificates
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H2273
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HD3743
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{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-20T14:19:16.87'}
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[{'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-01-20T14:19:16.87'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T14:21:32.5666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-21T13:45:38.3066667'}]
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T14:20:49.197'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2273/DocumentHistoryActions
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Bill
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By Representative Shand of Newburyport and Senator Rausch, a joint petition (accompanied by bill, House, No. 2273) of Dawne Shand, Rebecca L. Rausch and Lindsay N. Sabadosa relative to modernizing birth certificates. Public Health.
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Section 1 of chapter 46 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence of the second paragraph and inserting in place thereof the following sentence:- In the record of births, date of birth, place of birth, name and s ex of the child; names, places of birth, and dates of birth of the parent or parents; and residence and birth surname of the person who gave birth to the child.
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An Act relative to well water disclosures
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H2274
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HD2182
| 193
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{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:43:35.047'}
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[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:43:35.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2274/DocumentHistoryActions
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Bill
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By Representative Smola of Warren, a petition (accompanied by bill, House, No. 2274) of Todd M. Smola relative to disclosures of certain hazards in well water. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 197E the following section:–
Section 197F. Prospective purchasers of residential premises shall be notified about the hazards of the presence of 1,4 Dioxane in well water serving the premises and the requirements for their abatement or containment as follows:-
(a) The commissioner shall prepare a standard notification form and such other materials as may be necessary to inform prospective purchasers about the possible presence of 1,4 Dioxane in the well water of such premises. Such forms and materials shall be revised from time to time as appropriate.
(b) All persons selling premises shall, prior to the signing of a purchase and sale agreement, provide a copy of the form and other materials prepared pursuant to subsection (a) to the prospective purchaser.
All persons leasing premises with an option to purchase such premises shall, prior to the signing of the lease with an option to purchase, provide a copy of the form and other materials prepared pursuant to subsection (a) to the lessee-prospective purchaser. In addition to and at the time of providing said notification, the lessor-prospective seller and any real estate agent involved in the sale shall disclose to the prospective purchaser any information known to the seller or real estate agent about the presence 1,4 Dioxane in a well water serving the premises.
(c) The lessee-prospective purchaser shall also be informed by the lessor-prospective seller and any such real estate agent about the availability of testing for the presence of 1,4 Dioxane. If, after receiving said notice, the lessee-prospective purchaser chooses to have an analysis of drinking water done, the lessor-prospective seller shall afford the lessee-prospective purchaser a period of 10 days or such longer time as the parties may agree to have such analysis performed, through a presence of 1,4 Dioxane contingency provision in the purchase and sale agreement, or otherwise.
(d) If any real estate agent involved in the sale has provided the lessee-prospective purchaser with the required information and materials, the real estate agent shall verbally inform the lessee-prospective purchaser of the possible presence of dangerous levels of 1,4 Dioxane. At that time or at any time prior to signing of the purchase and sale agreement, any such real estate agent shall obtain the lessee-prospective purchaser’s certification that he or she has been notified.
(e) Nothing in this section or this chapter shall be construed to require the commissioner, local boards of health or code enforcement agencies to conduct testing for the presence of 1,4 Dioxane, the sole purpose of which is to inform sellers or prospective purchasers of premises about the presence of dangerous levels of 1,4 Dioxan in the well water of said premises.
(f) As set forth in this section, the commissioner shall, by July 1, 2020, prepare a standard notification brochure and such other materials as may be necessary to inform such tenants and property owners about the hazards associated with dangerous levels of 1,4 Dioxane in drinking water.
(g) Any owner who fails to comply with the provisions of this section shall be liable for all damages caused by the failure to comply and, in addition, shall be subject to assessment of a penalty not to exceed $1,000. A violation of this section by a person engaged in trade or commerce shall be an unfair and deceptive act or practice as defined in section 2 of chapter 93A.
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An Act requiring hospital to maintain services
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H2275
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HD3898
| 193
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{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T15:12:35.177'}
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[{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T15:12:35.1766667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:53:34.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2275/DocumentHistoryActions
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Bill
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By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 2275) of Priscila S. Sousa for legislation to increase the accountability of hospitals that interrupt or divert required services. Public Health.
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Section 51 of chapter 111 is hereby amended by adding at the end of the first paragraph, the following new sentence:-
“If any licensed facility is unable to provide the services required by said license, requiring the diversion or temporary pause in service of patients on three or more occasions in an calendar year, the Department shall immediately convene a public hearing in the community served by said facility and shall, at the Department’s sole discretion, consider corrective actions, including but not limited to revocation of said facility’s license.”
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An Act relative to food labeling
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H2276
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HD718
| 193
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{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:23:28.037'}
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[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-17T11:23:28.0366667'}]
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Bill
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By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 2276) of Thomas M. Stanley relative to the labeling information for commercially caught fish. Public Health.
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And Provided further that notwithstanding any special or general law to the contrary the Department of Public Health shall implement a food labeling program for commercially caught, landed and sold saltwater fish including but not limited to tuna, mackerel, swordfish, grouper, striped bass and bluefish. The label shall provide the consumer with information concerning the safety and the risk factors of consumption of the fish based on toxin levels in the fish and their hazards to human health, in particular the health of young children, women of child-bearing age and pregnant women.
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An Act related to unborn victims of Down Syndrome
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H2277
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HD1427
| 193
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{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T13:45:33.013'}
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[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T13:45:33.0133333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:42:36.4333333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T17:50:03.0033333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:35:29.9166667'}]
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Bill
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By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 2277) of Alyson M. Sullivan-Almeida and others relative to unborn victims of Down Syndrome. Public Health.
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The General Laws are hereby amended by inserting after chapter 112, the following Chapter 112A:
CHAPTER 112A
UNBORN VICTIMS OF DOWN SYNDROME ACT
Section 1. This chapter shall be known and may be cited as the “Unborn Victims of Down Syndrome Act.”
Section 2. As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Abortion” means the purposeful termination of a human pregnancy by any person with an intention other than to produce a live birth or to remove a dead unborn child or embryo.
“Down syndrome” means a chromosome disorder associated with either an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.
“Unborn child” means the developing human child in utero from conception to birth.
Section 3. (a) No person shall purposefully perform or induce or attempt to induce an abortion on a pregnant woman, if the person has knowledge that the pregnant woman is seeking the abortion, in whole or in part, because of any of the following: a test result indicating Down syndrome in an unborn child; a prenatal diagnosis of Down syndrome in an unborn child; or any other reason to believe that an unborn child has Down syndrome.
(b) Any physician, physician assistant, certified nurse practitioner, certified nurse midwife, or other individual whether or not licensed by the Board of Registration in Medicine, the Board of Registration in Nursing, the Board of Registration of Physician Assistants, or otherwise authorized by law to practice medicine within the Commonwealth of Massachusetts, who violates section 3(a), is guilty of performing or attempting to perform an abortion that was being sought because of Down syndrome, a crime punishable by imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than fifteen thousand dollars, or by both such fine and imprisonment.
(c) The Board of Registration in Medicine, the Board of Registration in Nursing, and the Board of Registration of Physician Assistants shall revoke the medical license to practice medicine or nursing in this commonwealth of the physician, physician assistant, certified nurse practitioner, certified nurse midwife, or other medically licensed individual who violates section 3(a).
(d) Any physician, physician assistant, certified nurse practitioner, certified nurse midwife, or other individual who violates section 3(a) is liable in a civil action for compensatory and exemplary damages and reasonable attorney’s fees to any person, or the representative of the estate of any person, who sustains injury, death, or loss to person or property as the result of the performance or inducement or the attempted performance or inducement of the abortion. In any action under this section, the court may also award any injunctive or other equitable relief that the court considers appropriate.
(e) A pregnant woman on whom an abortion is performed or induced or attempted to be performed or induced in violation of section 3(a) is not guilty of violating section 3(a) or of attempting to commit, conspiring to commit, or complicity in committing a violation of section 3(a).
(f) If any provision in this chapter is held to be invalid, or if the application of any provision in this chapter to any person or circumstance is held to be invalid, the invalidity of that provision does not affect any other provisions or the application of this chapter.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act relative to culturally competent and effective health care
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H2278
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HD3951
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:38:04.603'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T15:38:04.6033333'}]
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 2278) of Chynah Tyler relative to the collection and publishing of physician workforce data concerning race, ethnicity, gender identity and sexual identity. Public Health.
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SECTION 1. Chapter 111 of the Massachusetts General Laws shall be amended by adding at the end thereof, the following section:
Section ##: Notwithstanding any special or general law to the contrary, the Board of Registration in Medicine and the Center for Health Information and Analysis shall collect and make publicly available physician workforce date concerning race, ethnicity, gender identity and sexual identity for the purposes of assessing the impact of physician workforce diversity and health outcomes in the Commonwealth of Massachusetts
Health care facilities licensed under Section 51 of Chapter 111 of the Massachusetts General Laws shall provide to both the Board of Registration in Medicine and the Center for Health Information and Analysis, the following data on a quarterly basis for physicians, medical fellows, interns, and residents:
I. Race / Ethnicity
II. Gender
III. Identity
IV. Duration of practice in Massachusetts
V. Duration of practice at current facility
Vi. Highest Professional Level / Leadership Appointment
VII. Highest Academic Appointment
VIII. Highest Educational Debt
IX. Employment status: Part-time / full-time / per diem
This data shall be aggregated and made publicly available on the Board of Registration in Medicine website no more than 30 days after the end of each fiscal quarter.
SECTION 2. The Center for Health Information and Analysis shall report on the data collected under this section to the House and Senate Clerk and the Department of Public Health no later than January 30th of each calendar year.
SECTION 3. This act shall become effective 90 days after enactment.
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An Act relative to public health volunteer responders
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H2279
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HD1794
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T09:32:15.427'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-18T09:32:15.4266667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T17:14:07.2766667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T12:03:45.5566667'}]
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-18T09:32:15.427'}
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Bill
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By Representatives Vargas of Haverhill and Driscoll of Milton, a petition (accompanied by bill, House, No. 2279) of Andres X. Vargas, William J. Driscoll, Jr., and Colleen M. Garry that the Department of Public Health establish a registry of volunteer personnel to provide health, medical and other services. Public Health.
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SECTION 1. Chapter 111 of the general laws, as appearing in the 2021 Official Edition, is hereby amended by inserting after section 242 the following section:-
Section 243. (a) The department shall establish a registry of volunteer personnel (“the volunteer registry”) who are available to provide services, including but not limited to health and medical services. The department may establish requirements for membership in the volunteer registry including but not limited to verification of licensure and completion of training.
(b) The department shall establish a process to identify and credential personnel in the volunteer registry, which may include a requirement for photographic identification and/or Criminal Offender Record Information as defined by section 167 of chapter 6.
(c) The commissioner or his or her designee may activate some or all of the volunteers in the volunteer registry:
(1) during an emergency detrimental to the public health declared by the governor under section 2A of chapter 17;
(2) during a state of emergency declared by the governor under chapter 639 of the acts of 1950, as amended;
(3) during a public health incident that the commissioner determines demands an urgent response;
(4) pursuant to a request from a local public health authority, healthcare facility, when local or regional resources have been or are expected to be exhausted, or
(5) to conduct training and or exercises approved by the commissioner or his/her designee related to the volunteers’ ability to respond to potential activation under this subsection.
For the purposes of this subsection, “local public health authority” shall mean any body politic or political subdivision of the commonwealth that acts as a board of health, public health commission, or health department for a city or town and shall include any board of health as defined in section 1 of chapter 111 and any regional board of health or regional health district as defined in section 27B of chapter 111.
(d) In the absence of any other similar protections provided by law, whenever activated for duty by the commissioner or his or her designee in accordance with this section, members of the volunteer registry shall be construed to be employees of the commonwealth for the purposes of chapter 258 of the general laws.
(e) In the absence of any other similar benefits provided by law, any member of the volunteer registry activated for duty by of the commissioner or his or her designee in accordance with this section who dies or who sustains disability or injury while so activated shall be construed to be an employee of the commonwealth and shall be compensated in like manner as state employees are compensated under the provisions of sections 69 through 75 of chapter 152 of the general laws.
(f) The department is authorized to promulgate rules and regulations to implement this section.
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An Act to promote downtown vitality
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H228
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HD3803
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:33:05.803'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:33:05.8166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:23:15.39'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:06.37'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:59:21.2766667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:30:10.88'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:51:18.7533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-25T12:05:23.9666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-15T15:52:16.05'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 228) of Antonio F. D. Cabral and others for legislation to promote downtown vitality. Community Development and Small Businesses.
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SECTION 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 35PPP, the following new section:
Section 35QQQ. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
“Agency”, the Executive Office of Housing and Economic Development.
“Commercial areas”, meaning central business districts, town centers, commercial corridors (“Main Streets”), neighborhood-serving commercial districts, and other walkable, mixed-use areas.
“District management entities”, which may include business improvement districts as defined in section 1 of chapter 40o of the general laws, parking benefit districts as defined in section 22A1/2 of chapter 40 of the general laws, cultural districts as defined in section 58A of chapter 10 of the general laws, or other district management strategies approved by the agency.
“Secretary”, the Secretary of Housing and Economic Development.
''Fund'', the Downtown Vitality Fund, established under subsection (b) of section 35QQQ of chapter 10 of the general laws.
''Dedicated remote retailers sales tax revenue amount'', all moneys received by the commonwealth equal to 5 per cent of the receipts from sales from remote retailers, which include both remote marketplace sellers and remote marketplace facilitators as defined by 830 CMR 64H.1.9.
(b) There is hereby established on the books of the commonwealth a separate fund to be known as the Downtown Vitality Fund. There shall be credited to the fund the dedicated remote retailers sales tax revenue amount. Annual receipts into the fund on account of any fiscal year shall be considered to meet the full obligation of the commonwealth to the fund for said fiscal year.
(c) Amounts in the fund shall be held by the Executive Office of Economic Development, exclusively for the purposes of the fund, and the agency shall disburse amounts in the fund, without further appropriation, upon the request from time to time of its Secretary. All amounts in the fund, including investment earnings, shall be available for expenditure by the agency for any lawful purpose.
(d) The agency shall report annually on grants dispersed by the fund to the clerks of the house and senate and to the house and senate committees on ways and means.
(e) The agency shall make expenditures from the fund for the following purposes and subject to the following guidelines:
(1) To provide grants to establish district management entities in commercial areas.
(2) To provide operating grants to help strengthen and sustain existing district management entities approved by the agency. sustain.
(3) To provide technical assistance grants for local district management entities to conduct studies or launch new programs, and which might be paid to a third-party entity.
(4) The agency will establish guidelines for awarding grants, which will incorporate the following priorities: support small business districts in Gateway Cities and other low-income areas; expand entrepreneurship opportunities among underrepresented communities; strengthen cultural identity and prevent cultural displacement; provide multi-year operating funding where appropriate; and encourage a local match set at a level commensurate with the strength of the local market economy.
(f) Not later than September 1 of each year, the secretary shall file a report in writing with the joint committee on community development and small businesses and the house and senate committees on ways and means concerning the grants made in the fiscal year ending on the preceding June 30.
(g) The secretary shall adopt regulations to carry out this section, including providing an application and selection process.
(h) There shall be established a board to be known as the Downtown Vitality Advisory Board. Said board shall consist of 15 members, who shall be citizens of the commonwealth, and appointed by the secretary. The members of the board shall include at least one representative of the Massachusetts Development Finance Agency (MassDevelopment); at least one representative of the Massachusetts Cultural Council; at least two business improvement districts; at least two cultural districts; at least one Gateway City mayor, manager, or economic development director; at least one non-Gateway City municipal representative; and at least three members from small businesses or groups serving underrepresented communities, including immigrants and people of color. Of the members originally appointed, 3 shall serve a term of 1 year, 3 shall serve a term of 2 years, and 3 shall serve a term of 3 years in a manner determined by the director. Thereafter, as the terms of said members expire, the director shall appoint members for terms of 2 years. Vacancies shall be filled by appointment by the director for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. Members shall serve without compensation. The board shall advise the director on the activities and uses of the fund including, but not limited to: reviewing and making recommendations on grant requirements and selection criteria, and reviewing grant applications and making recommendations relative to grant awards. The advisory board shall, from time to time, submit recommendations to the legislature on any legislative changes it deems necessary for the successful operation of the fund.
(i) The secretary may contract with a private organization to carry out some or all of the agency’s duties provided in this section.
SECTION 2. Section 22A of chapter 40, as so appearing, is hereby amended by inserting, in paragraph 1, line 28, after the phrase “improvements to the public realm” the following words: “including district management activities and operations”
SECTION 3. Section 22C of said chapter 40, as so appearing, is hereby amended by inserting, in line 11, after the phrase, “public transportation station accessibility improvements” the following words: “district management activities and operations,”
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An Act modernizing childhood lead poisoning prevention
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H2280
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HD927
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T15:42:37.543'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T15:42:37.5433333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:46:42.6033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T12:15:21.2433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T16:47:59.0133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-09T15:01:20.0766667'}]
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Bill
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By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 2280) of Andres X. Vargas and others relative to childhood lead poisoning prevention. Public Health.
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SECTION 1. Section 189A of chapter 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Advisory committee” the following definition:-
“Blood lead level of concern”, a concentration of lead in whole venous blood in a child under 6 years of age that is less than the concentration of lead in whole venous blood that meets the amount defined as lead poisoning in regulation by the department.
SECTION 2. Said section 189A of said chapter 111, as so appearing, is hereby amended by inserting after the definition of “Director” the following definition:-
“Lead poisoning”, a medical condition present in a child under 6 years of age in which the child has a concentration of lead in whole venous blood at a concentration level defined by the department through regulation; provided, however, that the concentration of lead in whole venous blood shall not be greater than 5 micrograms per deciliter.
SECTION 3. Section 191 of said chapter 111, as so appearing, is hereby amended by striking out, in line 9, the words “the terms ‘lead poisoning’ and ‘previously reported’” and inserting in place thereof the following words:- the term “previously reported”.
SECTION 4. Said section 191 of said chapter 111, as so appearing, is hereby further amended by adding the following paragraph:-
The department shall perform public health surveillance and outreach to identify children with a blood lead level of concern. A child reported to have a blood lead level of concern shall be offered appropriate case management services in accordance with standards set forth by the American Academy of Pediatrics, or another qualified standard as determined by the department.
SECTION 5. Section 193 of said chapter 111, as so appearing, is amended by striking out, in lines 44 and 45, the words “, as defined by regulation by the director,”.
SECTION 6. Section 197C of said chapter 111, as so appearing, is hereby amended by striking out, in lines 3 to 5, inclusive, the words “in excess of the level considered dangerous to the child’s immediate health as determined by the department” and inserting in place thereof the following words:- that constitutes lead poisoning.
SECTION 7. Said section 197C of said chapter 111, as so appearing, is hereby further amended by striking out, in lines 22 to 24, inclusive, the words “in excess of the level considered dangerous to the child’s immediate health as determined by the department” and inserting in place thereof the following words:- that constitutes lead poisoning.
SECTION 8. Section 199 of said chapter 111, as so appearing, is hereby amended by striking out, in line 5, the words “at which the department defines” and inserting in place thereof the following words:- that constitutes.
SECTION 9. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in line 75, the words “one thousand five hundred dollars” and inserting in place thereof the following figure: - $3,000.
SECTION 10. Said section 6 of said chapter 62, as so appearing, is hereby amended by striking out, in line 86, the words “five hundred dollars” and inserting in place thereof the following figure: - $1,000.
SECTION 11. Section 5 of chapter 151B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 214, the figure “$10,000” and inserting in place thereof the following dollar figure: - $20,000
SECTION 12. Said section 5 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 216, the figure “$25,000” and inserting in place thereof the following figure: - $35,000
SECTION 13. Said section 5 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 220, the figure “$50,000” and inserting in place thereof the following figure: - $60,000
SECTION 14. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “as follows: a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 15. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “salesmen; a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 16. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “services; a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 17. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “lead inspections; a” the words “one hundred” and inserting in place thereof the following figure:- “125”.
SECTION 18. Section 22 of chapter 482 of the Acts of 1993, is hereby amended by striking out, in the second sentence of the first paragraph, after the words “banks; and a” the words “twenty-five” and inserting in place thereof the following figure:- “35”.
SECTION 19. Sections 1 to 13, inclusive, shall take effect on January 1, 2022.
SECTION 20. Sections 14 to 18 to shall take effect on July 1, 2022.
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An Act relative to student heart health
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H2281
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HD1955
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-10T10:44:08.347'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-10T10:44:08.3466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:15:07.24'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-06-14T16:46:04.5166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T11:33:07.23'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T09:14:57.09'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:21:46.3833333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T08:49:13.6866667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:45:34.22'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-06T10:24:40.7133333'}]
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Bill
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By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 2281) of Andres X. Vargas and others relative to the development and posting of guidelines and other relevant materials to inform and educate students about the symptoms and warning signs of heart disease. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 222 the following section:-
Section 222A. An Act Relative to Student Heart Health
(a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:
“Athletic activity”, all of the following:
(1) Interscholastic athletics.
(2) An athletic contest or competition, other than interscholastic athletics, sponsored by or associated with a school entity, including cheerleading, club-sponsored sports activities and sports activities sponsored by the school or school-affiliated organizations.
(3) Noncompetitive cheerleading that is sponsored by or associated with a school entity.
(4) Practices, interschool practices and scrimmages for all of the activities listed under paragraphs (1), (2) and (3).
“School entity”, all public schools and any school subject to the Massachusetts Interscholastic Athletic Association rules.
(b) Education
(1) The department shall work with the Department of Education to develop and post on its publicly accessible Internet websites guidelines and other relevant materials to inform and educate students about the symptoms and warning signs of heart disease, anatomical and electrical abnormalities of the heart, cardiac distress, and sudden cardiac arrest, including the risks associated with continuing to participate in an athletic activity after experiencing the following symptoms: fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, extreme fatigue, and any other symptom deemed appropriate by the department of Public Health.
(i) providing students, the following information annually: a summary of department rules and regulations relative to safety regulations for student's participation in extracurricular athletic activities, including the medical protocol for participation in an extracurricular athletic activity following cardiac symptoms and sudden cardiac arrest; written information related to the recognition of symptoms of heart disease and cardiac abnormalities, as well as sudden cardiac arrest; and
(3) A student participating in or desiring to participate in an athletic activity and the student’s parent or guardian shall, each school year and prior to participation by the student in an athletic activity, sign and return to the student’s school an acknowledgment of receipt and review of the symptoms and warning sign information sheet developed under this subsection prior to participation.
The forms required under this subsection may be in conjunction with any forms required under M.G.L. Ch 111 Section 222, provided that all requirements under both sections are met.
(4) A school entity may hold an informational meeting prior to the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of heart disease, cardiac abnormalities, and sudden cardiac arrest. In addition to students, parents, guardians, coaches and other school officials, informational meetings may include physicians, pediatric cardiologists and athletic trainers.
(c) Removal from play –
(1) In accordance with M.G.L., Chapter 111, Section 222(c), A student who loses consciousness while participating in, or immediately following, an athletic activity, must be removed from participation at that time by the athletic director, coach or athletic trainer.
(2) A student who, as determined by a game official, coach from the student’s team, certified athletic trainer, licensed physician or other official designated by the student’s school, exhibits signs or symptoms set forth in this section during an athletic activity, may be removed from participation by said game official, coach from the student’s team, certified athletic trainer, licensed physician or other official designated by the student’s school, if he reasonably believes that said symptoms are cardiac-related. In the absence of one of the persons listed in this subsection, coaches who observe any of the other symptoms set forth in this section, should notify the parent(s) of the student so that the parent(s) can determine what treatment, if any, the student should seek.
(3) A student who is removed from play under this provision shall not be permitted return to participation in an athletic activity until the student is evaluated and cleared for return to participation in writing by an appropriate medical professional.
(d) The sponsors of youth athletic activities are encouraged to follow the guidance stated in this section.
(e) The superintendent of the school district or the director of a school shall maintain complete and accurate records of the district's or school's compliance with the requirements of this section. A school that fails to comply with this section, as determined by the department, shall be subject to penalties as determined by the department.
(f) Nothing in this section shall be construed to waive liability or immunity of a school district or its officers or employees. This section shall not create any liability for a course of legal action against a school district, its officers or employees.
(g) A person who volunteers to assist with an extracurricular athletic activity shall not be liable for civil damages arising out of any act or omission relating to the requirements of this section, unless such person is willfully or wantonly negligent in his act or omission.
(h) The division shall adopt regulations to carry out this section.
SECTION 2
The second paragraph of section 1L of chapter 69 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding, in after the word “resuscitation” the following− and the use of automatic external defibrillators. Instruction in hands only cardiopulmonary resuscitation and the use of automatic external defibrillators must be the most current national evidence−based Emergency Cardiovascular Care guidelines and incorporate psychomotor skills development into the instruction as part of a graduation requirement. “Psychomotor skills” is defined as the use of hands-on practicing and skills testing to support cognitive learning. A licensed teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation, to facilitate, provide or oversee such instruction for non-certification. Courses which result in a certification being earned are required to be taught by an authorized CPR/AED instructor.
SECTION 3. Notwithstanding any general or special law to the contrary, the department of elementary and secondary education, based on available appropriations, will set up a CPR in Schools Fund to provide financial incentives for school districts who require psychomotor skill-based CPR and AED training prior to graduation.
(1) Psychomotor Skill-Based hands only CPR Training shall be based on national Guidelines for CPR and ECC which incorporates the use of hands-on practicing.
(2) These incentives can be in the form of mini-grants or subsidies to support equipment, professional development for psychomotor skills-based CPR training for students to provide hands only CPR training and use of an automated external defibrillator. There shall be a priority for school districts that are considered high needs as defined as where at least 50% of children are eligible to receive free and reduced priced meals or the school participates in the Community Eligibility Provision or Universal Free Meals or high-need schools may also be defined by Title 1 status.
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An Act relative to requiring trauma kits in public buildings
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H2282
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HD1153
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:11:40.123'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-18T11:11:40.1233333'}]
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 2282) of Marcus S. Vaughn for legislation to authorize trauma kits, so-called, and trained designees in certain public buildings. Public Health.
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SECTION 1. This act shall be known and may be cited as “The Massachusetts Trauma Response Preparedness Act”.
SECTION 2. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following new section:-
"Section 237. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
“Public Building”, (1) Any state or local government building that is used for a public purpose, including but not limited to, public schools, town or city halls, libraries, transportation facilities, and senior centers; or (2) any building that is regularly used by the general public - or funded by public sources - with a listed maximum occupancy of at least 300 persons, including but not limited to private and parochial schools, places of worship, meeting halls, recreational facilities, entertainment venues, and sporting venues
“Trauma Kit”, a kit designed to contain materials to help a general bystander provide first aid to another citizen suffering from a serious, life threatening bleed. At minimum kits must include an adequate tourniquet, gauze, gloves, and a proper training booklet as defined by the American College of Surgeons or an equivalent organization
“Trauma Kit Designee”, a person trained and certified by a representative of the American College of Surgeons or an equivalent organization in the area of bleeding control
(b) All public buildings as defined by subsection (a) as well as any buildings required to house an AED pursuant to section 78A of chapter 93 and section 54C of chapter 71 shall be required to have clearly visible, centrally located, and easily accessible trauma kits as defined by subsection (a) ready for use at all times. The number of trauma kits required per building shall be determined by a formula, which shall take into account the maximum capacity of said building, to be promulgated by the Secretary of Health and Human Services. Said formula shall be informed by the research of the American College of Surgeons.
(c) Any building falling under the purview of subsection (b) shall be required to have on staff an appropriately qualified trauma kit designee as defined by subsection (a) at all times
(d) For the purposes of organizational efficiency, buildings falling under the purview of subsections (b) and (c) as well as section 78A of chapter 93 or section 54C of chapter 71 may share the same storage space for the AED device and the trauma kit as well as designate the same person both an AED provider and Trauma Kit Designee
(e) Any person who, in good faith, attempts to render emergency care including, but not limited to, bleeding control, 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."
SECTION 3. Section 8A of Chapter 69 of the General Laws is hereby amended by inserting at the end thereof the following:-
“8) The availability and location of trauma kits and those personnel designated as trauma kit designee”
SECTION 4. Section 5 of chapter 44B of the General Laws is hereby amended by inserting at the end thereof the following:-
“A city or town may appropriate money in any year from the Community Preservation Fund for the procurement of trauma kits and a trauma kit designee in a town or city owned building or a public school facility pursuant to section 237 of chapter 111."
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An Act related to amending birth certificates
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H2283
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HD2382
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T12:41:16.68'}
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[{'Id': None, 'Name': 'Jenna Orlando', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:41:16.68'}]
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Bill
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By Representative Vieira of Falmouth (by request), a petition (accompanied by bill, House, No. 2283) of Jenna Orlando for legislation to regulate changes to previously issued birth certificates. Public Health.
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Moves to amend MGL Chapter 46, Section 13 by adding the following section:
(l) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of such person or such person’s parents, guardian, or legal representative, the commissioner or the registrar of vital statistics of the town in which the vital event occurred shall amend the birth certificate to show the new name by a method prescribed by the department.
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An Act respecting autonomy in name choice for newly married partners
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H2284
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HD2915
| 193
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T17:27:07.453'}
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[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T17:27:07.4533333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-31T13:13:42.3166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:06:04.88'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-25T11:11:40.3733333'}]
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Bill
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By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 2284) of Tommy Vitolo and others relative to the adoption of names upon marriage. Public Health.
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Chapter 46 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 1D and inserting in place thereof the following section:-
Section 1D . Each party to a marriage may adopt any surname, for example the present or birth-given surname of either party, a previously-used birth-given surname, or any hyphenated combination. Each party to a marriage may also adopt any first name, middle name or any other name.
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An Act relative to public safety in hoisting regulations
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H2285
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HD727
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:44:51.667'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:44:51.6666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2285/DocumentHistoryActions
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2285) of James Arciero relative to public safety in hoisting regulations. Public Safety and Homeland Security.
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Section 53 of Chapter 146 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after subsection (g) the following subsection:-
(h) Subsection (e) shall not apply to a public utility company or other company during the course of an employee strike or lockout except during the period of a declared emergency by the governor.
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An Act relative to emergency hazard health duty
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H2286
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HD1793
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:36:53.16'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:36:53.16'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:37:01.25'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2286/DocumentHistoryActions
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2286) of James Arciero and Priscila S. Sousa relative to creating a presumption of job relatedness for certain public safety personnel and first responders suffering from incapacitation or inability to perform their duties as a result of the Coronavirus (COVID-19) infection or exposure. Public Safety and Homeland Security.
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Notwithstanding any general or special law, rule or regulation to the contrary, any public safety official, which shall include any individuals employed as police, fire personnel, correction officers, dispatchers, emergency medical technicians, paramedics, nursing professionals, and all individuals employed and considered as 1st responders, who contract, have symptoms of, or otherwise becomes affected by the Coronavirus (COVID-19), that results in a period of hospitalization, quarantine, or require self-quarantined measures as a result of being infected or coming into contact with someone who is infected with this virus, shall have their medical condition or incapacity to work presumed to be work-related. The amount of time said public safety official is incapacitated or unable to perform their duties as a result of the Coronavirus (COVID-19) infection or exposure and the required time of hospitalization, time of quarantine or time of self-quarantine shall be considered as on duty time, and said public safety official shall not be required to use sick time, vacation time, personal time or any other contractual time-off to cover said period of incapacitation or inability to perform regular duty work. This time of incapacitation or inability to perform their duties shall be considered as "emergency hazard health duty," or, in the case of employees to which it applies, be covered under G.L. c. 41, Section 111F.
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An Act relative to jet ski safety
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H2287
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HD1102
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:59:49.233'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:59:49.2333333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-16T00:21:41.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2287/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2287) of Bruce J. Ayers for legislation to require safety training for operators of jet skis, surf jets or wetbikes. Public Safety and Homeland Security.
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Section 9B of Chapter 90B of the General Laws is hereby amended by striking out the second sentence in line 4 and inserting in place thereof the following sentence:-
All persons who operate a jet ski, surf jet or wetbikes shall be required to participate in a regulated mandatory training program before operating such watercraft; provided, however, that the director of said division shall establish the program criteria and content and shall determine the minimum safety skills necessary for said persons to operate such watercraft.
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An Act to protect the civil rights and safety of all Massachusetts residents
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H2288
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HD2459
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T13:10:14.803'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T13:10:14.8033333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-19T13:17:48.39'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-24T15:40:36.9733333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:38:46.07'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T09:35:59.9966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T10:47:30.8833333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-27T10:47:30.8833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T10:47:30.8833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T16:39:24.1033333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T16:39:24.1033333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T09:36:05.92'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T09:36:05.92'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:36:05.92'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T09:36:05.92'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-02T10:26:04.9366667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-03T11:34:32.3366667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-03T11:34:32.3366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T12:55:47.7333333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T16:17:15.05'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T16:17:15.05'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T13:24:09.83'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-10T09:30:51.6433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T09:30:51.6433333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-14T11:23:18.05'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-14T11:23:18.05'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-14T11:23:18.05'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-15T12:40:16.3133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T13:09:00.07'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T13:09:00.07'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-21T13:09:00.07'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-21T13:09:00.07'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:46:19.1733333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-09T14:08:55.3466667'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T11:18:36.58'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T16:10:20.4533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-30T14:54:21.0333333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-31T11:37:09.2233333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-04-24T15:37:30.4966667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-05-07T23:15:42.7'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-05-17T15:34:07.8433333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-22T17:14:47.2533333'}]
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{'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-19T13:10:14.803'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2288/DocumentHistoryActions
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Bill
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By Representatives Balser of Newton and Cruz of Salem, a petition (accompanied by bill, House, No. 2288) of Ruth B. Balser, Manny Cruz and others for legislation to prohibit local and state involvement in federal immigration enforcement, unless required by law. Public Safety and Homeland Security.
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SECTION 1. This act shall be known and may be cited as the “Safe Communities Act”
SECTION 2. Chapter 147 of the General Laws is hereby amended by inserting after section 62 the following section:-
Section 63. Updates to Law Enforcement Procedures
(a) Definitions
As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Law enforcement agency”, any state, municipal, college or university police department, sheriff’s department, correctional facility, prosecutorial office, court, probation office, or program of one or more of the foregoing entities, or any other non-federal entity in the commonwealth charged with the enforcement of laws or the custody of detained persons.
“Immigration enforcement”, any and all efforts to investigate, enforce, or assist in investigating or enforcing any federal immigration law. Such purposes do not include verification of an applicant’s eligibility for state or federal programs or services.
“United States Department of Homeland Security” or “DHS”, the United States Department of Homeland Security and its component agencies, including Immigration and Customs Enforcement, the former Immigration and Naturalization Service, Customs and Border Protection, and any other federal agency charged with enforcing immigration laws.
(b) Community relations with law enforcement agencies
Notwithstanding any general or special law to the contrary, no officer or employee of a law enforcement agency, while acting under color of law, shall question persons, including victims and witnesses of crimes, about their immigration status unless state or federal law requires the inquiry, provided that judges and magistrates may make such inquiries as are necessary to adjudicate matters within their jurisdictions.
(c) Due process protections
Notwithstanding any general or special law to the contrary, an interview, including any informal questioning, between an agent of the United States Department of Homeland Security or an officer or employee of a law enforcement agency and a person in the custody of a law enforcement agency conducted for immigration enforcement purposes shall take place only if the person in custody gives informed consent by signing a written consent form provided by the law enforcement agency. The consent form shall explain that: (i) the interview is for immigration enforcement or deportation purposes; (ii) any information provided at the interview can be used against the person; (iii) the person may decline to sign any documents that are presented during the interview; and (iv) the person may choose to decline the interview or to be interviewed only with an attorney present, at the person’s own expense. The consent form shall provide a checkbox or other means to indicate if an interview has taken place, and if so, if an attorney was present. The consent form shall be available in English and other languages commonly spoken in Massachusetts. The law enforcement agency shall make best efforts to provide a consent form that is in a language that the person understands, and to provide oral interpretation if needed, in order to obtain the person’s informed consent for the interview. The office of the attorney general shall prepare the consent form and make it available to law enforcement agencies, and may work with interested not-for-profit organizations to prepare translations of the form.
Any and all records relating to the granting of these interviews or questioning shall be public records as defined in paragraph 26 of section 7 of chapter 4, provided that names, addresses, phone numbers and other personal identifying information shall not be a public record. These records include the signed consent forms obtained before the interviews, and information about whether the interview or questioning was conducted in the presence of an attorney.
(d) The preceding subsections (b) and (c) shall not apply to interviews or questioning of persons who are held in Massachusetts correctional facilities under an Inter-Governmental Service Agreement with the United States Department of Homeland Security, provided, however, that persons who are booked into a correctional facility under such an agreement shall be advised at the booking that the person (i) has the right to seek legal counsel from an immigration attorney at their own expense; (ii) may choose to decline to speak with a DHS agent or to speak with the DHS agent only with an attorney present; and (iii) may decline to sign any documents presented by a DHS agent.
(e) Guidelines for reporting release information
Notwithstanding any general or special law to the contrary, no officer or employee of a law enforcement agency shall initiate communication with the United States Department of Homeland Security about the pending or imminent release, from state, local or county custody, of a person who is being released for any reason other than the end of a sentence of incarceration for a criminal conviction; provided, however, that nothing in this section shall prohibit or restrain any state or local agency from sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status.
If a law enforcement agency receives a request for notification from the United States Department of Homeland Security regarding a person in its custody, including a request for notification under to federal form I-247A or I-247N, the law enforcement agency shall inform the person of the request and shall provide the person with a copy of the request and copies of any other documentation pertaining to the person’s case that is presented to the law enforcement agency by the United States Department of Homeland Security.
(f) Implementation and training
Notwithstanding any general or special law to the contrary, all law enforcement agencies in the commonwealth shall, within 12 months of passage of this act, incorporate information and guidance regarding this section into their regular introductory and in-service training programs. An individual may file a complaint for a violation of this section with the corresponding department or agency, which shall investigate the complaint. At the conclusion of the investigation, the agency head shall provide the executive office of public safety and security with a written summary of the investigation’s findings. If the agency head substantiates the allegations, the written summary shall provide details of the specific actions taken to correct the violation as well as details of the sanctions imposed on the subjects of the investigation, if any. Findings made under this subsection shall be public records as defined in paragraph 26 of section 7 of chapter 4, provided that personal identifying information shall not be a public record.
SECTION 3. Chapter 126 of the General Laws is hereby amended by inserting after section 39 the following section:-
Section 40. Notwithstanding any general or special law to the contrary, no officer or employee of the department of corrections, the state police, any sheriff’s department, or any city or town police department shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or informal. Any agreements in existence at the time of the passage of the law that are inconsistent with this section are null and void. Any entity of the commonwealth or any political subdivision thereof that is a party to such an agreement on the date of the passage of this act shall, within 90 days, inform the other party or parties that the contract is null and void under Massachusetts law. Nothing in this section shall prohibit the department of correction or a house of correction from entering into an Inter-Governmental Service Agreement with the United States Department of Homeland Security in which persons in Immigration and Customs Enforcement custody are housed at the house of correction and the United States Department of Homeland Security pays a daily fee for each person detained there.
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An Act relative to enhanced fire protection in new one- and two-family dwellings
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H2289
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HD1257
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:17:16.537'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:17:16.5366667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-18T12:17:23.32'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T16:13:21.4466667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-24T09:34:38.3733333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-24T09:34:38.3733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T11:08:23.8433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-27T10:48:03.21'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-27T10:48:03.21'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-30T11:17:52.7'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-27T16:38:54.44'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-02T10:26:49.71'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-02-13T12:23:03.6966667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-14T11:46:34.2966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T11:29:46.4333333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T10:43:23.9733333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-02T11:31:01.1166667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-03-29T16:09:48.23'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-23T11:50:32.8633333'}]
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-18T12:17:16.537'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2289/DocumentHistoryActions
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Bill
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By Representatives Balser of Newton and Donato of Medford, a petition (accompanied by bill, House, No. 2289) of Ruth B. Balser, Paul J. Donato and others relative to the installation of automatic sprinkler systems in certain new family dwellings. Public Safety and Homeland Security.
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SECTION 1. Chapter 148 of the General laws, as appearing in the 2012 “Official Edition”, is hereby amended by adding the following new section: -
Section 26J. In any city or town which accepts the provisions of this section, every newly constructed building, designed or used for residential occupancy and containing not more than two dwelling units, shall be protected throughout with an adequate system of automatic sprinklers installed in accordance with the provisions of the state building code. The provisions of this section shall apply to any such newly constructed building for which a building permit is issued on or after one year from the acceptance of this act by a city or town. Nothing in this section shall require any existing building designed or used for residential occupancy, to be required to retrofit said property with an automatic sprinkler system.
The head of the fire department shall enforce the provisions of this section.
Whoever is aggrieved by the head of the fire department’s interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction, or failure to act, to the board of appeals as provided in section 201 of chapter six.
SECTION 2. Section 27A of chapter 148, as so appearing, is amended by inserting, after the word “service”, in lines 17 and 18, the following new sentence: - This section shall not apply to the seasonal shut-off of automatic sprinklers installed in accordance with the provisions of section 26J of chapter 148, when such shut off has been conducted in accordance with the procedures established by the Board of Fire Prevention Regulations. For purposes of this section, the Board shall determine what constitutes a seasonal shutoff of automatic sprinklers.
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An Act establishing the MassMade Program
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H229
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HD57
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-05T15:49:21.14'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-05T15:49:21.14'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-05T15:49:22.14'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T19:42:41.4466667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-06T10:11:33.0766667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-06T08:39:59.7933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:28:46.61'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-03T13:28:14.51'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:56:51.1166667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:30:32.76'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-06T13:27:05.1766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-16T14:13:59.09'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-05-10T23:29:33.9266667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T11:26:15.98'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T18:42:27.08'}]
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-05T15:49:21.14'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H229/DocumentHistoryActions
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Bill
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By Representatives Cutler of Pembroke and LaNatra of Kingston, a petition (accompanied by bill, House, No. 229) of Josh S. Cutler, Kathleen R. LaNatra and others that the Office of Business Development establish a MassMade program to identify, connect and support businesses that produce consumer goods in the Commonwealth. Community Development and Small Businesses.
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SECTION 1. Chapter 23A of the General Laws is hereby amended by inserting after section 10A the following section:-
Section 10A½. (a) The Massachusetts office of business development shall establish a MassMade program. The program shall identify, connect and support businesses that: (i) produce consumer goods in the commonwealth; (ii) identify obstacles to conducting business in the commonwealth; and (iii) act as a resource for consumers seeking consumer goods made in the commonwealth. The Massachusetts office of business development may consult with and seek input from interested stakeholders and shall work with entities, including MassMade businesses, regional economic development organizations, small business associations, chambers of commerce, the supplier diversity office, the Massachusetts marketing partnership and the office of consumer affairs and business regulation to collect and provide business and product information related to MassMade businesses. All MassMade program information shall be readily accessible and free to the public.
(b) For purposes of this section, “MassMade businesses” shall mean any entity that: (i) produces a consumer good including, but not limited to, food and beverage products in the commonwealth; (ii) is headquartered in the commonwealth or has a principal place of business in the commonwealth; (iii) possesses a certificate of good standing from the department of revenue; and (iv) seeks to join the MassMade program.
(c) The Massachusetts office of business development may expend such funds as may be necessary for the MassMade program and as may be appropriated for the program. The Massachusetts office of business development may accept federal funds or private gifts and grants to assist in carrying out this section.
(d) The Massachusetts office of business development shall promulgate the regulations necessary for the administration of this section.
SECTION 2. Not later than December 1, 2021, the division of capital asset management and maintenance shall submit a report to the clerks of the senate and house of representatives detailing methods to promote and provide support to businesses that are headquartered or have a principal place of business in the commonwealth and are engaged in the division’s bidding process. The report shall, at a minimum, examine the factors considered in selecting bidders for projects and provide recommendations on effective strategies to elicit the participation of businesses that are headquartered or have a principal place of business in the commonwealth.
SECTION 3. Notwithstanding any general or special law to the contrary, the Massachusetts office of business development shall conduct a feasibility study on developing and maintaining an internet-based system to facilitate the exchange of information for the MassMade program that shall include, but shall not be limited to, procurement requests by and from entities involving products made in the commonwealth.
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An Act relative to fire protection
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H2290
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HD1267
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:21:55.493'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:21:55.4933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-23T11:50:25.8333333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-10-02T10:38:57.63'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2290/DocumentHistoryActions
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2290) of Ruth B. Balser relative to clarifying the standards for requiring the installation of automatic sprinkler systems in rehabilitated buildings. Public Safety and Homeland Security.
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SECTION 1. Chapter 148 of the General Laws is hereby amended by striking out in its entirety section 26I and inserting in its place the following new section:
Section 26I. In a city, town or district which accepts the provisions of this section, any building hereafter constructed or which undergoes a major alteration or modification and is occupied in whole or in part for residential purposes and containing not less than four dwelling units including, but not limited to, lodging houses, boarding houses, fraternity houses, dormitories, apartments, townhouses, condominiums, hotels, motels and group residences, shall be equipped with an approved system of automatic sprinklers in accordance with the provisions of the State Building Code. In the event that adequate water supply is not available, the head of the fire department shall permit the installation of an alternative or modified fire suppression system as prescribed by the State Building Code in lieu of automatic sprinklers. Owners of buildings with approved and properly maintained installations may be eligible for a reduction on fire insurance. The head of the fire department shall enforce the provisions of this section.
Whoever is aggrieved by the fire department’s interpretation, order, requirement, direction or failure to act under the provisions of this section, may within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. The board may grant a reasonable waiver from the provisions of this section, or may allow the installation of a reasonable alternative, modified or partial system of automatic sprinklers based upon the characteristics of the building or for those buildings that have architectural or historical significance.
SECTION 2.Nothing in this act shall be construed as limiting the State Building Code from requiring more stringent requirements for installation of automatic sprinklers in residential buildings.
SECTION 3. The provisions of section one shall not apply to construction projects approved by permit within one year prior to the effective date of this act.
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An Act expanding the availability of adaptable housing for people with disabilities and seniors
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H2291
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HD1567
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:38:49.85'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:38:49.85'}, {'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-18T15:39:29.5833333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:34:14.3366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-15T07:47:30.3433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T10:48:34.3533333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T17:40:41.1266667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:36:17.0066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:27:25.8433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T13:04:46.22'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:21:48.0233333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-10T11:52:42.92'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:39:06.52'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T11:31:07.8166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:54:18.9566667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-10-03T12:10:37.0966667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-17T16:56:58.3733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T11:47:35.4033333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T10:38:49.4566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:26:18.72'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-31T16:27:59.5566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T10:56:21.7233333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:01:40.6533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:52:00.09'}]
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-18T15:38:49.85'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2291/DocumentHistoryActions
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Bill
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By Representatives Barber of Somerville and Moran of Boston, a petition (accompanied by bill, House, No. 2291) of Christine P. Barber, Michael J. Moran and others relative to the availability of adaptable housing for consumers with disabilities, mobility impairments and seniors. Public Safety and Homeland Security.
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SECTION 1. The first paragraph of section 13A of chapter 22 of the General Laws, as amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- Two of the appointive members shall be architects licensed to practice in the commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities.
SECTION 2. Said section 13A of said chapter 22, as so amended, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following 4 paragraphs:- The board shall make and from time to time alter, amend and repeal, in accordance with the provisions of chapter 30A, rules and regulations designed to make multiple dwellings and public buildings and facilities, including, but not limited to, areas that are not generally in public use, accessible to, functional for and safe for use by persons with disabilities. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the ADA Standards for Accessible Design. The parking spaces reserved for vehicles of such persons with a disability shall be clearly marked as such. The rules and regulations of the board shall establish standards and procedures designed to make adaptable for persons with physical disabilities for any building, regardless of the date of construction: (i) all dwelling units in multiple dwellings equipped with an elevator; (ii) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (iii) all public use and common use portions of such multiple dwellings; provided, however, that in any building constructed before March 13, 1991, such standards and procedures for dwelling units shall apply only to such units within: (i) any non-residential building undergoing a gut rehabilitation as part of a change in use into a multiple dwelling facility; or (ii) any residential building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board shall establish standards and procedures designed to make accessible to, functional for and safe for use by persons with physical disabilities residential buildings whenever constructed and without the restrictions in the above paragraph. Unless otherwise specified, 5 per cent of the units in lodging or residential facilities for hire, rent or lease, containing 20 or more units, shall meet this requirement; provided, however, that accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said 5 percent, the board may require that, in said areas a percentage of units less than 5 per cent or not greater than 10 per cent be accessible and safe for persons with disabilities; provided, however, that said accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis, using data from the central registry of the Massachusetts rehabilitation commission, established in section 74 of chapter 6, and other sources, to establish with a reasonable degree of certainty the present and future needs for said accessible units in certain areas of the commonwealth. A percentage of less than 5 per cent shall not be established unless such accessible units, which are not needed by persons with disabilities cannot be readily hired, rented or leased to other persons. The rules and regulations of the board shall include, but not be limited to, detailed architectural standards further defining adaptable and accessible dwelling units and such other provisions necessary to provide rights and remedies substantially equivalent to or greater than the rights and remedies provided by the federal Fair Housing Act, the ADA Standards for Accessible Design and regulations thereunder as pertaining to such multiple dwellings.
SECTION 3. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “buildings”, in lines 67, as appearing in the 2020 Official Edition, the following words:- and facilities.
SECTION 4. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “section”, in line 75, as so appearing, the following words:- and facilities.
SECTION 5. Said section 13A of said chapter is hereby further amended by striking out, in lines 80 and 81, as so appearing, the words “handicapped persons,” and inserting in place thereof the following words:- persons with a disability.
SECTION 6. Said section 13A of said chapter 22 is hereby further amended by striking out, in lines 88 and 89, as so appearing, the word “newspaper” and inserting in place thereof the following words:- forms of.
SECTION 7. Said section 13A of said chapter 22, is hereby further amended by inserting after the word “building”, in line 93, as so appearing, the following words:- or facility, including areas not generally in public use,.
SECTION 8. Said section 13A of said chapter 22 is hereby further amended by striking out the words “building be changed to a”, in line 94, as so appearing, and inserting in place thereof the following words:- building or facility be changed to a residential use or a.
SECTION 9. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “building”, in lines 95 and 96, as so appearing, in each instance, the following words:- or facility.
SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, as so appearing, the words “physically handicapped persons” and inserting in place thereof the following words:- persons with a disability.
SECTION 11. Said section 13A of said chapter 22, as amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking out the eighth paragraph.
SECTION 12. Said section 13A of said chapter 22 is hereby further amended by striking out, in lines 131 and 132, as appearing in the 2020 Official Edition, the word “person” and inserting in place thereof the following words:- building or facility, or portion thereof,.
SECTION 13. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “building”, in line 150, as so appearing, the second time it appears, the following words:- or facility.
SECTION 14. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “building”, in line 166, as so appearing, the following word:- , facility.
SECTION 15. Said section 13A of said chapter 22 is hereby further amended by striking out, in lines 177, 179 and 187, as so appearing, the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability.
SECTION 16. The fourteenth paragraph of said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Alteration”, the following definition:- “Areas that are not generally in public use”, areas not intended for use by the public, as designated in the 1991 and 2010 ADA Standards for Accessible Design, and employee work areas.
SECTION 17. The fourteenth paragraph of said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following 3 definitions:- “Employee work area”, all or any portion of a space used only by employees and used only for work, including, but not limited to, corridors, toilet rooms, kitchenettes and break rooms if said areas constitute the path of travel to or are essential to the use of employees for work; provided, that all employee work areas shall be made accessible in new construction or where renovation work being performed is otherwise subject to the jurisdiction of the board. Corridors, toilet rooms, kitchenettes and break rooms shall not otherwise be considered employee work areas; provided however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of employees for work, they shall be, when possible, adaptable. “Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located. “Gut rehabilitation”, the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls.
SECTION 18. Said section 13A of said chapter 22 is hereby further amended by striking out, in line 200, as so appearing, the words “Physically handicapped person” and inserting in place thereof the following words:- Person with a disability.
SECTION 19. Said section 13A of said chapter 22 is hereby further amended by striking out, in line 204, as so appearing, the words “Physically handicapped persons” and inserting in place thereof the following words:- A person with a disability.
SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building”, in lines 209 through 226, inclusive, and inserting in place thereof the following definition:- “Public building”, (i) a building constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, a building constructed by a public housing authority, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority or a building authority of any public educational institution, or their successors; or (ii) a privately financed building that is open to and used by the public, including, but not limited to, places of public accommodation listed in section 92A of chapter 272, and 42 U.S.C. section 12181(7).
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An Act requiring carbon monoxide alarms in all residential, governmental and commercial structures
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H2292
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HD379
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:18:52.113'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:18:52.1133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:57:35.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2292/DocumentHistoryActions
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2292) of Christine P. Barber and Lindsay N. Sabadosa for legislation requiring carbon monoxide alarms in all residential, governmental and commercial structures. Public Safety and Homeland Security.
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SECTION 1. Section 26F ½ of chapter 148 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words “occupied in whole or in part for residential purposes.”
SECTION 2. Section 26F ½ of chapter 148 of the General Laws is hereby amended by striking out, in lines 22 and 23, the words “occupied in whole or in part for residential purposes.”
SECTION 3. Section 26F ½ of chapter 148 of the General Laws is hereby amended by striking out, in lines 29 and 30, the words “occupied in whole or in part for residential purposes.”
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An Act to establish a prepaid wireless E911 surcharge
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H2293
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HD1202
| 193
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{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:19:35.73'}
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[{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:19:35.73'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-18T11:35:26.0533333'}]
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{'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-17T13:00:59.013'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2293/DocumentHistoryActions
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Bill
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By Representatives Barrows of Mansfield and Ferguson of Holden, a petition (accompanied by bill, House, No. 2293) of F. Jay Barrows and Kimberly N. Ferguson for legislation to establish a prepaid wireless E911 surcharge. Public Safety and Homeland Security.
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SECTION 1. Subsection (a) of section 18H of chapter 6A of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 25 to 27 the following sentence:-“For prepaid wireless service, the department shall promulgate regulations establishing an equitable and reasonable method for the remittance and collection of the surcharge or surcharge amounts for such service.” and inserting in place thereof the following two sentences: “For prepaid wireless service, the seller of such service directly to an end user shall collect the surcharge from the end user at the point of sale on each retail sale within the Commonwealth, as defined in section 1 of Chapter 64H, and remit it to the department of revenue. The department of revenue shall promulgate regulations within 60 days of the effective date of the act for the reporting and remittance of the amounts so collected, as well as enforcement of such obligations. The amount of the prepaid wireless E911 charge that is collected by a seller from a consumer shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the commonwealth or any intergovernmental agency.”
SECTION 2. Regulations promulgated under section 1 shall take effect on July 1, 2023.
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An Act relative to special state police officers
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H2294
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HD3176
| 193
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{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:27:08.503'}
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[{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:27:08.5033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2294/DocumentHistoryActions
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Bill
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By Representative Biele of Boston, a petition (accompanied by bill, House, No. 2294) of David Biele relative to the appointment of special state police officers by the Colonel of the State Police. Public Safety and Homeland Security.
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Chapter 22C of the General Laws is hereby amended by inserting after section 51 the following section:-
Section 51A. The colonel may appoint as special state police officers retired uniformed members who, as the colonel deems necessary, may perform police details or any police duties arising therefrom during the course of police detail work, whether or not related to the detail work.
Retired uniformed members appointed under this section shall:
(i) have retired by reason of superannuation not more than 3 years prior to the date of the appointment as a special state police officer;
(ii) have a state police discharge status of honorable;
(iii) be deemed necessary, suitable, qualified and fit to perform the same essential functions and duties as uniformed members of the department;
(iv) be certified by the police officer standards and training commission pursuant to section 4 of chapter 6E;
(v) be subject to or exempt from department rules as determined by the colonel;
(vi) be equipped, trained and deployed as determined by the colonel; and
(vii) not have reached the age of 68 as of the date of appointment.
Retired uniformed members appointed shall, in accordance with sections 91 and 91A of chapter 32, be at-will employees subject to appointment and removal by the colonel in a manner consistent with sections 52 and 53 of this chapter and shall be appointed for a term of 1 year subject to renewal in the colonel's sole discretion. Such retired uniformed members shall not be subject to the civil service law or rules, shall not be entitled to any benefits of such law or rules, but shall, in the performance of assigned duties and for the purposes of section 9A of chapter 258, be deemed a member of the state police.
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An Act to require seat belts on school buses
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H2295
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HD1920
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T22:52:15.16'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T22:52:15.16'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:20:55.9733333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:19.5766667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-03T09:20:40.59'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:57:29.1433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:31:52.34'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:46:23.21'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:43:02.6833333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:44:26.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2295/DocumentHistoryActions
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2295) of Antonio F. D. Cabral and others for legislation to require seat belts on school buses. Public Safety and Homeland Security.
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SECTION 1. Section 7B of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following clauses:
(19) as of September 1, 2025, every school bus transporting students to or from a public, charter or vocational school shall be equipped with a lap-shoulder belt for each permanent seating accommodation designed and installed in compliance with United States motor vehicle D.O.T. safety standards, which seat belt shall be always fastened about each passenger during vehicle operation.
(20) as of September 1, 2025, every school bus transporting students to or from a private or parochial school shall be equipped with a lap-shoulder belt for each permanent seating accommodation designed and installed in compliance with United States motor vehicle D.O.T. safety standards, which seat belt shall be fastened about each passenger at all times during vehicle operation.
SECTION 2. Section 7B of said chapter 90, as so appearing, is hereby further amended by inserting after the word “practices”, in line 120, the following words:
“, which shall include instruction in the use of lap-shoulder belts,”
SECTION 3. Section 7L of said chapter 90, as so appearing, is hereby amended by inserting after the word “seated”, in line 6, the following words: -
“And, if traveling in a bus required by this chapter to have lap-shoulder belts, wearing a lap-shoulder belt which is properly adjusted and fastened according to the manufacturer’s instructions”.
SECTION 4. Section 7AA of said chapter 90, as so appearing, is hereby amended by inserting after the word “bus”, in line 12, the following words: -
“, prior to September 1, 2025, unless such school bus is equipped with a lap-shoulder belt system”.
SECTION 5. Section 4 of chapter 175E, as so appearing, is hereby amended, by adding the following subsection:
(f) For motor vehicle insurance rates for school buses, the commissioner shall develop and promulgate a schedule of appropriate reductions in premium charges to account for the decreased risk of injury associated with the installation of a lap-shoulder belt system approved by the National Highway Transportation Safety Administration in any such bus so equipped. The schedule shall be promulgated prior to September 1, 2025, provided that an owner of any school bus so equipped prior to the promulgation of said schedule may apply to the commissioner and receive an appropriate reduction in the premium charge.
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An Act relative to enforcing federal law
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H2296
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HD3647
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:07:36.143'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:07:36.1433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T12:21:22.3833333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:22:31.3933333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:59.12'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T08:33:13.2166667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:33:52.6833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:42:21.0466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:15:32.3833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2296/DocumentHistoryActions
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2296) of Antonio F. D. Cabral and others relative to enforcement of certain federal law by sheriffs and employees of correctional institutions. Public Safety and Homeland Security.
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SECTION 1. Chapter 37 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:
Section 27. Agreements to Enforce Federal Law
(a) Sheriffs and their employees may only perform functions pursuant to an agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee compensation, are borne solely by the Federal government and there is a state statute explicitly authorizing such agreements.
(b) The Sheriff shall keep books, records and accounts of all activities under this section, which shall be open to inspection and shall be annually reported to the house and senate committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. Said book shall be a public record, as defined in clause 27 of section 7 of chapter 4 of the General Laws.
SECTION 2. Chapter 124 of the General Laws, as so appearing, is hereby amended by adding the following section:
Section 11. Agreements to Enforce Federal Law.
(a) Any employee of the department of corrections, jail, houses of corrections, or other correctional institutions of the Commonwealth may only perform functions pursuant to an agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee compensation, are borne solely by the Federal government and there is a state statute explicitly authorizing such agreements.
(b) The commissioner of correction shall keep books, records and accounts of all activities under this section, which shall be open to inspection and shall be annually reported to the house and senate committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. Said book shall be a public record, as defined in clause 27 of section 7 of chapter 4 of the General Laws.
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An Act relative to violence prevention trust fund
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H2297
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HD3041
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:27:37.013'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:27:37.0133333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-24T12:55:12.1966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-03T13:27:38.7066667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-03T13:27:38.7066667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-05T14:57:00.2033333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-07T14:30:15.4233333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-12T12:48:12.6533333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-14T12:59:58.41'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-14T15:56:34.9833333'}]
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 2297) of Daniel Cahill for legislation to establish a violence prevention trust fund. Public Safety and Homeland Security.
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Section XXXX: Violence Prevention Federal Reinvestment Trust Fund
Section XXXX. To enhance violence prevention services and decrease the disproportionate impact of violence in historically marginalized populations, there shall be established and set up on the books of the Commonwealth a separate fund to be known as the Violence Prevention Federal Reinvestment Trust Fund, in this section called the fund. There shall be credited to the fund revenues equal to the amount of federal financial participation received by the Commonwealth's General Fund for expenditures for evidence-based and/or evidence-informed violence prevention services and any other federal reimbursements, grants, premiums, gifts, interest or other contributions from any source received that are specifically designated to be credited to the fund. The secretary of health and human services shall be the trustee of the fund.
The secretary may expend, without further appropriation: not more than $25 million per year from the fund to expand and support evidence-based and/or evidence-informed violence prevention programming. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the fund may incur expenses, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
The secretary shall report annually, on or before XXX DATE, to the house and senate committees on ways and means and the house and senate chairs of the joint committee on public safety and homeland security, the joint committee on public health and the joint committee on education on the revenue and expenditure activity within the trust fund.
A
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An Act requiring public safety vehicles to be equipped with emergency thermal blankets
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H2298
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HD1258
| 193
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{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:18:00.003'}
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[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:18:00.0033333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-03-01T14:57:38.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2298/DocumentHistoryActions
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Bill
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By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 2298) of Gerard J. Cassidy and Michelle M. DuBois for legislation to require public safety vehicles to be equipped with emergency thermal blankets. Public Safety and Homeland Security.
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Chapter 6A of the General Laws is hereby amended by inserting after section 18Z the following section:-
Section 18AA. Notwithstanding any general or special law to the contrary, all emergency response vehicles shall be equipped with an emergency thermal blanket. For the purposes of this section the term emergency response vehicle shall include, but not be limited to, a fire apparatus, police vehicle, ambulance or disaster vehicle.
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An Act relative to local law enforcement continuity between the city of Boston and the town of Dedham
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H2299
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HD1264
| 193
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{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T16:05:08.07'}
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[{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T16:05:08.07'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T12:19:41.06'}]
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-17T16:05:08.07'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2299/DocumentHistoryActions
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Bill
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By Representatives Consalvo of Boston and McMurtry of Dedham, a petition (accompanied by bill, House, No. 2299) of Rob Consalvo and Paul McMurtry relative to the authority of police officers of the city of Boston and the town of Dedham. Public Safety and Homeland Security.
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SECTION 1. A duly sworn officer of the Town of Dedham, who is authorized to exercise police powers within said town, may exercise all such police powers within 500 yards into the corporate limits of the City of Boston, as if such officer were a duly sworn officer of said city.
SECTION 2. A duly sworn officer of the City of Boston, who is authorized to exercise police powers within said city, may exercise all such police powers within 500 yards into the corporate limits of the Town of Dedham, as if such officer were a duly sworn officer of said town.
SECTION 3. This act shall take effect upon its acceptance by the City of Boston, in the manner provided by law and upon its acceptance in the Town of Dedham by a majority vote of the board of selectmen.
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An Act relative to the definition of wages for retirement calculations
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H23
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HD23
| 193
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{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:44:14.68'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H23/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 the definition of wages for retirement calculations. Public Service.
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SECTION 1. Section 1 of Chapter 32 is hereby amended by adding at the end of the definition of “wages” the following paragraph:
Notwithstanding the foregoing, wages shall also include payments made by an employer to an employee in supplementation of weekly incapacity payments under the provisions of sections sixty-nine to seventy-five inclusive of chapter one hundred fifty-two, or of sections thirty-four, thirty-four A, thirty-four B, thirty-five A, thirty-five F, thirty-six, until a retirement allowance becomes effective for him under the provisions of sections one to twenty-eight inclusive of this chapter. The extent to which these supplemental payments are considered wages shall be limited, when combined with such incapacity payments, to the amount that in the determination of the retirement board the member would have received during the applicable time period, had they not been so incapacitated.
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An Act relative to encouraging the growth of small businesses
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H230
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HD3408
| 193
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{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-20T12:15:33.083'}
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[{'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-01-20T12:15:33.0833333'}]
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Bill
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By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 230) of Richard M. Haggerty relative to bona fide business entities. Community Development and Small Businesses.
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Section 1. The Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Chapter 93K the following new chapter:
Chapter 93L, Bona Fide Business Entities
Section 1. A business entity that provides services under a written contract is not an employee for the purposes of Title IX, Taxation, and Title XXI, Labor and Industries, provided that the business entity is bona fide. A business entity will be deemed to be bona fide if it is shown that:
(a) The business entity is registered as such with the Secretary of the Commonwealth and is in good standing;
(b) The business entity includes the compensation it receives for the services it renders on federal and applicable state tax schedules as income from an independent business or profession;
(c) The business entity reports the compensation paid to its employees, if any, to the Internal Revenue Service and the Massachusetts Department of Revenue; and
(d) The business entity complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its employees.
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An Act relative to fire safety of state-owned buildings, structures and property
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H2300
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HD2600
| 193
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{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-19T14:55:13.05'}
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[{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-19T14:55:13.05'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T13:57:38.56'}]
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Bill
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By Representative Consalvo of Boston, a petition (accompanied by bill, House, No. 2300) of Rob Consalvo and Vanna Howard relative to fire safety of state-owned buildings, structures and property. Public Safety and Homeland Security.
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SECTION 1. Chapter 148 is hereby amended by inserting after section 4 the following new section:
Section 4A. Applicability of the fire laws and fire code in state-owned buildings:-
“The provisions of the state fire code under said chapter 148 of the General Laws, and the rules and regulations promulgated therefrom by the board of fire prevention regulations, shall apply to all buildings, structures and property owned, operated or controlled by the Commonwealth, other than the State House. The Head of the Fire Department, as defined in section 1 of chapter 148, shall enforce the provisions of this chapter and section with respect to all buildings, structures and property owned, operated or controlled by the Commonwealth located within such city, town or district.”
SECTION 2. This Act shall take effect upon its passage.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to promote the safety of the public, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
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[]
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[]
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An Act relative to critical incident intervention by emergency service providers
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H2301
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HD264
| 193
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{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-11T14:22:39.003'}
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[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-11T14:22:39.0033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2301/DocumentHistoryActions
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Bill
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By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 2301) of Edward F. Coppinger relative to providing critical incident intervention services for emergency service providers. Public Safety and Homeland Security.
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Section 1: Chapter 233, Section 20N(a) of the General Laws, as so appearing, is hereby amended by striking out the definition “Emergency Service Provider” and inserting in place thereof the following definition:- “Emergency service provider”, an active or retired law enforcement officer, police officer, state police trooper, sheriff or deputy sheriff, firefighter, state or municipal police criminalist, crime scene personnel, police dispatcher or 911 operator, or emergency medical personnel.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith critical incident intervention services for emergency service providers, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to the discharge of spent fuel pool water
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H2302
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HD256
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T14:35:10.023'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T14:35:10.0233333'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T14:48:52.01'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-02T09:14:03.55'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:38:56.9933333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:38:55.1566667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-08T12:41:14.9433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:03:04.6566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:25:29.5666667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-22T12:33:05.0266667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-24T14:36:19.46'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T15:44:36.8833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T17:03:33.72'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-04-12T16:17:59.05'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-30T09:58:23.1466667'}]
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{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-10T15:22:52.4'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2302/DocumentHistoryActions
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Bill
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By Representatives Cutler of Pembroke and Peake of Provincetown, a petition (accompanied by bill, House, No. 2302) of Josh S. Cutler, Sarah K. Peake and others for an investigation by a special commission (including members of the General Court) to examine the potential negative environmental and economic impacts caused by the discharge of spent fuel pool water created as a waste product of nuclear energy. Public Safety and Homeland Security.
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SECTION 1. (a) Notwithstanding any special or general law to the contrary, there shall be a special commission to examine the potential negative environmental and economic impacts caused by the discharge of spent fuel pool water, any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity, including, but not limited to, tritium or boron, associated with the decommissioning of any nuclear power plant, into the waters of the commonwealth. Waters of the commonwealth shall include all waters under the jurisdiction of the division of marine fisheries, including, but not limited to, bays, coastal waters, canals, rivers and streams.
(b) The commission shall consist of the following 13 members: the attorney general or a designee, who shall serve as co-chair; the governor or a designee; the secretary of the executive office of energy and environmental affairs or a designee, who shall serve as co-chair; the senate president or a designee; the speaker of the house of representatives or a designee; the senate minority leader or a designee; the house of representatives minority leader or a designee; the chairs of the joint committee on the environment, natural resources and agriculture or their designees; the commissioner of the department of environmental protection or a designee; the commissioner of the department of public health or a designee; the executive director of the office of travel and tourism or a designee; and the director of the division of marine fisheries or a designee.
(c) The commission shall: (i) examine and investigate the potential environmental and economic impacts, including impacts to consumer perception of the discharge spent fuel wastewater on the fishing, aquaculture, tourism, restaurant industries and other sectors deemed appropriate by the commission; and (ii) make recommendations on measures to mitigate or avoid potential negative impacts on such industries.
(d) The commission shall hold not less than 4 listening sessions, with not less than 1 listening session in the following counties: Dukes, Plymouth, Bristol and Barnstable; provided, however, that upon the completion of its report under this section, the commission shall provide a public presentation in said counties. Not later than November 1, 2024 the commission shall file a report on the results of its study with the clerks of the house of representatives and the senate, the joint committee on environment, natural resources and agriculture, the joint committee on public health, the joint committee on tourism, arts and cultural development, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means.
(e) There shall be no discharge of spent fuel pool water, any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity, including, but not limited to, tritium or boron into the waters of the commonwealth until 90 days after the issuance of the commission’s report.
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An Act concerning the Massachusetts probation service
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H2303
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HD3862
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:00:08.54'}
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[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:00:08.54'}]
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Bill
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By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 2303) of Michael S. Day for legislation to change the name of the Department of Probation to the Massachusetts probation service. Public Safety and Homeland Security.
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In order to promote uniformity and effectiveness statewide, be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 168A of chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 21, the words “departments of probation” and inserting in place thereof the following words:- Massachusetts Probation Service, the departments of.
SECTION 2. Section 172 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 236-237, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 3. Section 175 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 12-13, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 4. Section 175 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 14, the words “such commissioner” and inserting in place thereof the following words:- the Massachusetts Probation Service.
SECTION 5. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 118, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 6. Section 178K of said chapter 6, as so appearing, is hereby further amended by striking out, in line 277, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 7. Section 178K of said chapter 6, as so appearing, is hereby further amended by striking out, in line 288, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 8. Section 18N of chapter 6A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 29-30, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 9. Section 21 of chapter 22 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 3, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 10. Section 21 of said chapter 22, as so appearing, is hereby further amended by striking out, in line 18, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 11. Section 5 of chapter 27 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 31, the words “board of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 12. Section 45 of chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 12, the words “commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 13. Section 45 of said chapter 30, as so appearing, is hereby further amended by striking out, in lines 163-164, the words “commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 14. Section 45 of said chapter 30, as so appearing, is hereby further amended by striking out, in lines 213-214, the words “commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 15. Section 76 of chapter 32 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 9, the words “office of” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 16. Section 76A of said chapter 32, as so appearing, is hereby amended by striking out, in line 6, the words “office of” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 17. Section 24 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 234-235, the words “probation department” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 18. Section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 468, the words “the department”.
SECTION 19. Section 61 of said chapter 90, as so appearing, is hereby amended by striking out, in line 53, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 20. Section 34 of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 45, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 21. Section 34 of said chapter 94C, as so appearing, is hereby further amended by striking out, in line 49, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 22. Section 129B of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 155-156, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 23. Section 5B of chapter 119A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 41-42, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 24. Section 131 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 288-289, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 25. Section 131 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 304-305, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 26. Section 34D of chapter 208 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 18-19, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 27. Section 32 of chapter 209 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 36, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 28. Section 5A of chapter 209A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 14, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 29. Section 7 of said chapter 209A, as so appearing, is hereby amended by striking out, in line 137, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 30. Section 7 of said chapter 209A, as so appearing, is hereby further amended by striking out, in lines 118-119, the words “department of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 31. Section 15 of chapter 209C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 36, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 32. Section 2A of chapter 211D of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 36, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 33. Section 2 of chapter 211F of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 2, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 34. Section 35A of chapter 218 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 18, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 35. Section 9 of chapter 258E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 22-23, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 36. Section 13B ¾ of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 27, the words “of the department”.
SECTION 37. Section 22C of said chapter 265, as so appearing, is hereby amended by striking out, in line 29, the words “of the department”.
SECTION 38. Section 23B of said chapter 265, as so appearing, is hereby amended by striking out, in line 26, the words “of the department”.
SECTION 39. Section 52 of said chapter 265, as so appearing, is hereby amended by striking out, in line 16, the words “of the department”.
SECTION 40. The title of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out “Board of Probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 41. Section 42 of said chapter 276, as so appearing, is hereby amended by striking out, in line 25, the words “board of”.
SECTION 42. Section 57 of said chapter 276, as so appearing, is hereby amended by striking out, in line 45, the words “board of”.
SECTION 43. Section 58 of said chapter 276, as so appearing, is hereby amended by striking out, in line 67, the words “board of”.
SECTION 44. Section 83 of said chapter 276, as so appearing, is hereby amended by striking out, in line 2, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 45. Section 83 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 14, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 46. Section 83 of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 59-60, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 47. Section 83 of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 70-71, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 48. Section 98 of said chapter 276, as so appearing, is hereby amended by striking out, in the section heading, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 49. Section 98 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 1, the words “an office of probation” and inserting in place thereof the following words:- the Massachusetts Probation Service.
SECTION 50. Section 98 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 11, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 51. Section 98 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 12, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 52. Section 98A of said chapter 276, as so appearing, is hereby amended by striking out, in line 3, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 53. Section 98A of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 27-28, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 54. Section 99 of said chapter 276, as so appearing, is hereby amended by striking out, in line 2, the words “probation service” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 55. Section 99F of said chapter 276, as so appearing, is hereby amended by striking out, in the section heading, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 56. Section 99F of said chapter 276, as so appearing, is hereby further amended by striking out, in line 2, the words “office of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 57. Section 100A of said chapter 276, as so appearing, is hereby amended by striking out, in lines 2-3, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 58. Section 100B of said chapter 276, as so appearing, is hereby amended by striking out, in lines 2-3, the words “office of the commissioner of probation” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 59. Section 8 of chapter 276A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 1, the words “office of the commissioner” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 60. Section 8 of said chapter 276A, as so appearing, is hereby further amended by striking out, in lines 5-6, the words “office of the commissioner” and inserting in place thereof the following words:- Massachusetts Probation Service.
SECTION 61. Section 9 of said chapter 276A, as so appearing, is hereby amended by striking out, in lines 1-2, the words “office of the commissioner” and inserting in place thereof the following words:- Massachusetts Probation Service.
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An Act to improve public safety and security
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H2304
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HD4033
| 193
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{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:16:38.017'}
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[{'Id': None, 'Name': 'Vincent L. Dixon ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T16:16:38.03'}]
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Bill
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By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No. 2304) of Vincent L. Dixon relative to the establishment of a state immigration processing and waiver office to improve public safety and security. Public Safety and Homeland Security.
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SECTION I. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
State Immigration Processing & Waiver Act
An Act to Improve Public Safety and Security
SECTION II. – PURPOSE
The complex variety of problems relating to immigration, processing of new immigrants, and various clearances relating to residence, employment, and a variety of legal issues, has grown in recent years. – Federal Policy of The United States Government, has become increasingly confusing, and frustrating to state policy, employers, and local communities, further confusing, and complicating state, and local community services, and communities.
Thus, this legislation authorizes exploration by the Executive Office of Public Safety and Security (EOPSS), of establishing a:
Commonwealth of Massachusetts – State Immigration Processing & Waiver Office
SECTION III. – PURPOSES OF STATE IMMIGRATION PROCESSING & WAIVER OFFICE
A Pilot Program, is authorized to be established by the EOPSS, to develop a database of legal visitors, and residents; and to explore relevant Status Guidelines for all non-citizen entrants to The Commonwealth of Massachusetts.
This Pilot Program, shall explore the creation of Employer Sponsorship Agreements (ESAs), by which Massachusetts based employers, needing appropriately credentialed, or standard capable employees, may offer such positions, through the State Immigration Processing Services (SIPS).
As this Pilot Program, develops, it shall explore, with Federal authorities, how Commonwealth of Massachusetts Law Enforcement, might assume state jurisdiction of immigrant screening; of some number of employable non-citizen individuals; with possible Federal reimbursement.
In setting forth these standards, it is hoped that a pathway, for stabilization of immigrant lives, and families, and our state economy, might be accomplished for some number of individuals in Massachusetts.
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An Act relative to firearms in certain public buildings
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H2305
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HD491
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:30:06.653'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:30:06.6533333'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2305) of Marjorie C. Decker relative to firearms in certain public buildings. Public Safety and Homeland Security.
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Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraphs:
(p) For the purposes of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.
Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded in any building or on the grounds of the state house shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.
(q) For the purposes of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.
Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded on the grounds of or in any portion of a building that is designated a polling place or a place to be used for the counting ballots shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.
Said chapter, as so appearing, is hereby further amended by inserting after section 12F the following section:-
Section 12G. Firearms—Carrying Firearms at Demonstrations
(1) For the purposes of this section, the following words shall have the following meanings.--
"Demonstration", one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
"Firearm", any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.
''Public building'', a building, including its grounds or curtilage, owned by the commonwealth or any political subdivision thereof, or a portion of a building, including its grounds and curtilage or other public grounds where employees of a state agency or department of the commonwealth are regularly present for the purpose of performing their official duties.
(2) Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, knowingly carries on the person a firearm, loaded or unloaded at a demonstration in a public building shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.
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An Act requiring licensed gun owners to submit a yearly affidavit
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H2306
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HD496
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:34:46.62'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:34:46.62'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-15T19:59:24.6'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2306) of Marjorie C. Decker and Mindy Domb for legislation to require licensed gun owners to submit yearly affidavits. Public Safety and Homeland Security.
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SECTION 1. Section 129B of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in paragraph 8 by inserting after the word “information”, in line 259, the following words: – or who fails to annually notify the licensing authority pursuant to paragraph (11A).
SECTION 2. Said section 129B, as so appearing, is hereby further amended by inserting after paragraph 10 the following paragraph:–
(11A) Notwithstanding the provisions of paragraph (9), a cardholder shall annually verify by written notice, in the form of a sworn affidavit or declaration to the licensing authority that issued such card, that the cardholder has not lost a firearm or had a firearm stolen from the cardholder's possession since the date of the cardholder's last renewal or issuance.
SECTION 3. Section 131 of said chapter 140, as so appearing, is hereby amended in subsection (h) by inserting after the word “information”, in line 272, the following words:– or who fails to annually notify the licensing authority pursuant to subsection (l).
SECTION 4. Said section 131, as so appearing, is hereby further amended in subsection (l) by adding the following sentence:– The holder of each such license to carry a firearm shall annually verify by written notice, in the form of a sworn affidavit or declaration to the licensing authority that issued such license, that the license holder has not lost a firearm or had a firearm stolen from the license holder's possession since the date of the license holder's last renewal or issuance.
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An Act relative to crime gun data reporting and analysis
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H2307
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HD499
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:37:39.257'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:37:39.2566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-10T10:25:11.9833333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-10T13:28:56.35'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-06T11:52:07.0966667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-23T14:11:05.35'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-14T11:46:51.7366667'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-02-01T11:00:14.47'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-23T12:55:18.67'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-09T10:01:01.7433333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-06-14T16:17:42.8433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:36:52.93'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2307) of Marjorie C. Decker and others relative to crime gun data reporting and analysis. Public Safety and Homeland Security.
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SECTION 1. Section 18 ¾ of Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking paragraph (10) and inserting in place thereof the following paragraph:-
(10) to develop or solicit proposals for a university or nonprofit to develop a biennial report analyzing the firearms trace data collected under section 131Q of chapter 140 of the General Laws and non-identifying gun sales transaction data held by the firearms records bureau. Such report shall be sent to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the house and senate chairs of the joint committee on public safety and homeland security not later than March 1 of every even-numbered year. The report shall contain, but not be limited to, the following information: (i) statistics related to firearms crimes; (ii) arrests and prosecutions of firearms-related offenses, to serve as an examination of the effectiveness of the commonwealth’s firearms-related regulations; (iii) aggregate data on the source of firearms that have been confiscated and identified as being used in a crime or in an attempted or completed suicide during the report period, including aggregate information on the manufacturer, state of origin and last known point of sale, transfer, loss or theft of such firearms; (iv) an explanation of substantial changes in state and federal firearms-related laws and firearms-related statistics in the commonwealth; (v) the effectiveness of section 128B of chapter 140; (vi) the effectiveness of current reporting mechanisms for lost and stolen guns, including identifying the number of guns traced to crime that were determined to have been lost or stolen and, of these, how many were reported lost or stolen prior to their use in the commission of a crime; and (vii) firearm purchase and sales patterns as they relate to firearms traced to crime, including an analysis of the number of guns traced to a crime that were originally purchased from each licensed gun dealer in the commonwealth or purchased through a secondary private seller; and (viii) an analysis of whether the license number used for the purchase or transfer of any firearm used in a crime was associated with the purchase or transfer of any other firearms, in this or any other jurisdiction, within a 12 month period prior or subsequent to the sale of the recovered firearm and the total number of such firearms purchased or transferred by that license holder and whether any of such firearms were also used in crime. Provided, further that, all data referenced herein or relied upon in compiling the report shall accompany the report in an aggregate and non-identifying format. "
SECTION 2. The initial report required by this act shall include an analysis and compilation of all relevant data as of August 11, 2023.
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An Act making firearm owners civilly liable for damage caused by lost or stolen firearms
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H2308
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HD503
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:50:49.627'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:50:49.6266667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T13:57:48.0666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:31:47.1433333'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2308) of Marjorie C. Decker, Mindy Domb and Vanna Howard relative to making firearm owners civilly liable for damage caused by lost or stolen firearms. Public Safety and Homeland Security.
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SECTION 1. Section 129C of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph:-
Whoever fails to report the loss or theft of a firearm, rifle, shotgun or machine gun that is later used in the commission of a crime shall be civilly liable for any damages resulting from that crime. The liability imposed under this paragraph shall not apply if the owner reports the loss or theft of such firearm, rifle, shotgun or machine gun to the commissioner of the department of criminal justice information services and the licensing authority in the city or town where the owner resides within 24 hours of the owner’s knowledge of such loss or theft.
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An Act relative to the reckless discharge of firearms
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H2309
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HD521
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T10:14:30.247'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T10:14:30.2466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2309/DocumentHistoryActions
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2309) of Marjorie C. Decker relative to the reckless discharge of firearms. Public Safety and Homeland Security.
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SECTION 1. Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:
Section 15G. Whoever without regard for the risk of serious bodily injury to another intentionally or recklessly discharges a firearm, large capacity weapon, rifle, shotgun, sawed-off shotgun, or machine gun and thereby causes a substantial risk of serious bodily injury to another shall be punished by imprisonment in the state prison for not more than 5 years or by imprisonment in the house of correction for not more than 2 ½ years.
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An Act relative to industrial development finance authorities
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H231
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HD1889
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T18:46:53.403'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T18:46:53.4033333'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 231) of Daniel J. Hunt relative to industrial development finance authorities. Community Development and Small Businesses.
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SECTION 1. Clause (l) of section 1of chapter 40D of the General Laws, as so appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 72-73, the words “In any city or in a town subject to the provisions of clause (k) of subdivision (2) of section twelve,”.
SECTION 2. Clause (1) of section 1 of chapter 40D, as so appearing, is hereby further amended by striking out the sixth sentence and inserting in place thereof the following sentence: - “Bonds may be issued under this chapter to finance the costs of such facilities, including such costs paid prior to the authorization of such bonds as the board of directors shall approve.”
SECTION 3. Clause (l) of section 1 of chapter 40D, as so appearing, is hereby further amended by striking out the seventh sentence and inserting in place thereof the following sentence: -“Rental housing, including low and/or moderate income housing as defined in section 20 of chapter 40B, or facilities rented primarily to transient guests shall be deemed an industrial enterprise within the meaning of this chapter.”
SECTION 4. Section 2 of chapter 40D, as so appearing, is hereby amended by adding to the end of the sixth paragraph the following sentence: “For the purpose of carrying out any project authorized by this chapter, a municipality acting by and through an industrial development financing authority or two or more contiguous municipalities acting by and through a consolidated industrial development financing authority shall have sole bond issuing authority for any project undertaken within the such municipality or consolidated municipalities".
SECTION 5. Section 9 of chapter 40D, as so appearing, is hereby amended by striking out, in lines 5-6, the words “Any bonds issued under the provisions of this chapter shall be secured by”, and inserting in place thereof the following words:- “The authority shall determine if the bonds issued under the provisions of this chapter require the appointment of a corporate trustee, if the authority so finds, it shall then authorize the execution of”.
SECTION 6. Section 10 of chapter 40D, as so appearing, is hereby amended by striking out, in lines 74-76, the words “including a receipt of a certificate of convenience and necessity from the Massachusetts office of business development”.
SECTION 7. Subsection (2) of section 12of chapter 40D, as so appearing, is hereby amended by striking out the first paragraph.
SECTION 8. Subsection (2) of section 12 of chapter 40D, as so appearing, is hereby further amended by striking out, in lines 18, 20, 22, the word “MIFA”.
SECTION 9. Subsection (2)(b) of section 12 of chapter 40D, as so appearing,is hereby amended by striking out, in line 31, the word “MIFA”.
SECTION 10. Section 12of chapter 40D, as so appearing, is hereby amended by striking out subsection (2)(k)..
SECTION 11. Section 12of chapter 40D, as so appearing, is hereby further amended by striking out subsection (2)(l).
SECTION 12. Section 13 of chapter 40D, as so appearing, is hereby amended by inserting after the word “deposited”, in lines 1-2, the following words: - “as approved and directed by the authority”.
SECTION 13. Section 15 of chapter 40D, as so appearing, is hereby amended by striking out, in lines 5, 6, 9, the word “trust” and inserting in place thereof the word “financing”.
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An Act enhancing the safety of high-rise buildings
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H2310
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HD530
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:55:26.9'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T15:55:26.9'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-10-02T12:39:50.59'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2310) of Marjorie C. Decker relative to automatic sprinklers in certain older high rise buildings. Public Safety and Homeland Security.
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SECTION 1. Section 26A ½ of Chapter 148 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in the first paragraph by striking out the following words: “provided, further, that sprinklers shall not be required to be installed in buildings where construction has commenced prior to January first, nineteen hundred and seventy-five and which have been submitted to the provisions of chapter one hundred and eighty-three A;” and inserting in place thereof the following words:-
any building where construction has commenced prior to January 1, 1975 and which have been submitted to the provisions of chapter 183A shall comply with the following schedule for the installation of automatic sprinklers: - one-third of the gross square footage of the building or structure shall be equipped with automatic sprinklers by March 30, 2026; two-thirds of the gross square footage of the building or structure shall be equipped with automatic sprinklers by March 30, 2029; and the entire gross square footage of the building or structure shall be equipped with automatic sprinklers by March 30, 2033; provided, however, that the owner of said building or structure may apply to the board of appeals of the fire safety commission for an extension or a waiver of the provisions of this section as provided for in section 201 of chapter 6. Any building or structure subject to the provisions of this section shall have the option of complying with the following schedule: the entire gross square footage of the building or structure shall be equipped with automatic sprinklers by March 30, 2029; provided, however, that under said option the owner of said building or structure shall be deemed to have waived his right to any such extension of time.
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An Act authorizing the voluntary disavowal of eligibility to purchase a firearm
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H2311
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HD534
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T14:49:11.1'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T14:49:11.1'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-21T14:13:03.3766667'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2311) of Marjorie C. Decker that the commissioner of Criminal Justice Services be authorized to establish a list of persons who disavow eligibility to purchase firearms. Public Safety and Homeland Security.
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SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(j) The commissioner, in consultation with the executive office of public safety, the attorney general and the colonel of the state police, shall establish a list of persons who disavow eligibility to purchase a firearm, rifle, shotgun or machine gun, hereinafter referred to as a firearm. A person may request such person’s name to be placed on the list of disavowal of eligibility by filing a form with the commissioner acknowledging the person has a psychiatric disability and is a danger to themselves and by agreeing that the person shall not purchase a firearm.
The department shall develop a standard form, accessible on the department’s webpage, providing for a voluntary disavowal of eligibility to purchase a firearm. The department may revoke, limit, condition, suspend or fine any licensee, as provided for in section 122 of chapter 140, eligibility to sell, rent or lease firearms, if the licensee sells a firearm to any person on such list or provides unauthorized access to any name on such list. The list shall be shared with a licensee by the department.
The department shall distribute the form to acute-care hospitals and satellite emergency facilities as defined in section 244 of chapter 111.
The department shall adopt regulations for the maintenance and distribution of the list of persons who disavow eligibility. The list shall not be a public record and shall not be open to public inspection.
SECTION 2. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 244. A person voluntarily presenting in an acute-care hospital or a satellite emergency facility who is reasonably believed by the treating clinician to be suffering from a diagnosis of depression, using standardized definition of such diagnosis as set forth in the Diagnostic and Statistical Manual of Mental Disorders as published by the American Psychiatric Association, shall be presented with the form provided for in section 167A of chapter 6. For the purposes of this section the term “acute-care hospital”, means any hospital licensed under section 51 that contains a majority of medical-surgical, pediatric, obstetric, and maternity beds, as defined by the department and the teaching hospital of the University of Massachusetts Medical School and the term “satellite emergency facility”, means a health care facility that operates on a 7-day per week, 24-hour per day basis that is located off the premises of a hospital, but is listed on the license of a hospital, and is authorized to accept patients transported to the facility by ambulance.
SECTION 3. Subsection (b) of section 36C of Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after the final sentence, the following sentence:-
In addition to the relief provided for in this subsection, the court may grant relief, upon petition, that the person’s name be removed from the list of persons who disavow eligibility to purchase a firearm provided in section 167A of chapter 6.
SECTION 4. Clause (ix) of subsection (d) of section 131 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 258, the word “or”.
SECTION 5. Clause (x) of subsection (d) of section 131 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 260, “.” and inserting in place thereof the following:- ;or.
SECTION 6. Subsection (d) of section 131 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended after clause (x) by adding the following clause:-
(y) a person who has voluntarily disavowed eligibility to purchase a firearm as listed on the list kept by the department of criminal justice information service pursuant to section 167A of chapter 6.
SECTION 7. Notwithstanding any general or special law to the contrary, any suicide hotline maintained or operated by any entity funded in whole or part by the commonwealth shall refer callers to the form provided for in section 1 of this act.
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An Act relative to ghost guns
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H2312
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HD2143
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:28:09.003'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:28:09.0033333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-06T11:52:01.4066667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-14T11:46:39.22'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T13:48:25.9933333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-02T13:36:41.2133333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-06-14T16:18:16.9566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:01:25.93'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2312) of Marjorie C. Decker and others relative to prohibiting ghost guns, so-called, that allow gun pieces to be legally purchased or made to create firearms that lack serial numbers. Public Safety and Homeland Security.
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Chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 11E the following section:-
Section 11F. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
"Assembly" means the fitting together of the component parts of a firearm to construct a firearm; but shall not apply to restoration of antique firearms, nor the replacement of existing parts of a completed firearm.
“Department” means the department of criminal justice information services.
"Firearm" means a firearm as defined in section 121 of chapter 140, and shall include any sawed-off shotgun, machine gun, rifle or shotgun as defined therein, whether loaded or unloaded from which a shot may be discharged, and any unfinished frame or lower receiver as herein defined.
"Frame or lower receiver" means the part of a firearm that provides the action or housing for the hammer, bolt or breechblock and firing mechanism, and includes a frame or lower receiver blank, casting or machined body that requires further machining or molding to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm.
“Licensing authority” shall have the same definition as provided in section 121 of chapter 140.
"Manufacture" means to newly fabricate or construct a firearm.
"Person" means a human being, and, where appropriate, a public or private corporation, a limited liability company, an unincorporated association, a partnership, a government or a governmental instrumentality, but shall not include a licensed firearm manufacturer or dealer.
"Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.
(b) No person shall complete the manufacture or assembly of a firearm without: (1) obtaining a unique serial number or other mark of identification from the department of criminal justice information services pursuant to subsection (i); and (2) engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. section 923(i), as amended from time to time, and any regulation adopted thereunder.
(c) No person shall complete the manufacture or assembly of any firearm from polymer plastic, unless such plastic is embedded with at least 3.7 ounces of material type 17-4 PH stainless steel and such firearm is engraved or otherwise marked with a unique serial number or other mark of identification obtained by said person from the department pursuant to subsection (i).
(d) Not later than 30 days after a person completes manufacturing or assembling a firearm pursuant to this section, such person shall notify the department and provide any identifying information to said department concerning the firearm and the owner of such firearm, in a manner provided by the commissioner of criminal justice information services .
(e) No person shall transfer to another person any firearm manufactured or assembled in accordance with this section, except as provided in clause (2) of subsection (f).
(f) This section shall not apply to: (1) manufacture or assembly of firearms by a federally licensed firearm manufacturer; or (2) delivery or transfer of a firearm to a law enforcement agency. Any firearm delivered or transferred to a law enforcement agency pursuant to this subsection shall be destroyed by the law enforcement agency.
(g) No person shall knowingly facilitate, aid or abet the manufacture or assembly of a firearm pursuant to this section by a person or for a person who is otherwise prohibited by law from owning or possessing a firearm.
(h) Any person who violates any provision of this section shall be guilty of a felony and punished by not less than 2 years imprisonment in the state prison, and a fine of not less than $5,000, unless the court states on the record its reasons for remitting or reducing such fine; and any firearm found in the possession of any such person in violation shall be forfeited.
(i) The department of criminal justice information services shall develop and maintain a system to distribute a unique serial number or other mark of identification to any individual requesting such serial number or mark pursuant to this section, in accordance with applicable federal law and regulations. Upon an application made by a person for a serial number or mark for a firearm pursuant to this section, which shall include any information required by the department, the department shall confirm with the appropriate licensing authority that the applicant is authorized to possess such firearm and possesses a valid license or firearm identification card as required under chapter 140. Upon issuance of a serial number or mark, the department shall maintain identifying information of the person requesting the number or mark and of the firearm for which each such number or mark is requested.
(j) The department of criminal justice information services shall promulgate regulations to carry out this section.
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An Act relative to fire safety education in schools and colleges
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H2313
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HD2265
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:52:24.66'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T20:52:24.66'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-09T13:34:37.5033333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:20:41.2533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:35:36.79'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:30:49.7266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-15T11:39:48.9933333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T16:10:41.89'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T14:38:10.27'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-07T09:59:55.5733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T11:05:44.2966667'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2313) of Marjorie C. Decker and others relative to fire safety education in schools and colleges. Public Safety and Homeland Security.
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SECTION 1. Chapter 15A of the General Laws is hereby amended by adding the following section:- “Section 46. Establishment of a fire safety curriculum. (a) For the purposes of this section, the following term shall, unless the context clearly requires otherwise, have the following meaning:- “Institute of higher education”, all postsecondary institutions including: (i) the system of public institutions of higher education, established in section 5; (ii) private occupational schools, as defined in section 263 of chapter 112; and (iii) private colleges, universities and other institutions of higher learning.
(b) All institutes of higher education shall require students to complete a comprehensive fire safety curriculum from an expert source. The curriculum shall include instruction on fire safety in a variety of scenarios, such as: fire prevention, fires in homes, in professional settings, in vehicles, wild and brush fires, fires while cooking, while camping, electrical fires, heating fires, smoking fires, solid, liquid and gas fires, smoldering fires, fast-burning fires, smoke inhalation, carbon monoxide poisoning, and leaving a fire scene, and any other matter the institution deems essential to the curriculum. Students shall complete an examination to test student proficiency.
SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following section:- “Section 98. Establishment of a fire safety curriculum. (a) For the purposes of this section, the following term shall, unless the context clearly requires otherwise, have the following meaning:- “School”, every public or private elementary and secondary school in the commonwealth; provided, however, that the term school shall not include colleges and universities.
(b) All schools shall require students to complete a comprehensive fire safety curriculum by the end of the 10th grade from an expert source. The curriculum shall include instruction on fire safety in a variety of scenarios, such as: fire prevention, fires in homes, in professional settings, in vehicles, wild and brush fires, fires while cooking, while camping, electrical fires, heating fires, smoking fires, solid, liquid and gas fires, smoldering fires, fast-burning fires, smoke inhalation, carbon monoxide poisoning, and leaving a fire scene, and any other matter the institution deems essential to the curriculum. Students shall complete an examination to test student proficiency.
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An Act to strengthen family and community connection with incarcerated people
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H2314
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HD3056
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T19:44:45.783'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T19:44:45.7833333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-13T16:25:21.75'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-30T15:00:25.3533333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-06-30T15:00:25.3533333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-06-30T15:00:25.3533333'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2314) of Marjorie C. Decker relative to unreasonable limits on in-person visitation of inmates. Public Safety and Homeland Security.
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Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 36C and inserting in place thereof the following:-
Section 36C.
(1) A correctional institution, jail or house of correction shall not: (i) prohibit, eliminate or unreasonably limit in-person visitation of incarcerated people; or (ii) coerce, compel or otherwise pressure an incarcerated person to forego or limit in-person visitation. For the purposes of this section, to unreasonably limit in-person visitation of incarcerated people shall include, but not be limited to:
(a) providing an incarcerated person fewer than 5 4-hour visiting periods per week;
(b) providing an incarcerated person fewer than 2 visiting periods per day;
(c) providing an incarcerated person with visitation less than 8am through 4pm on Saturdays or Sundays or providing less than one 4-hour visiting period on every holiday;
(d) placing limitations on the number of unique individuals who may be eligible to visit the incarcerated person;
(e) prohibiting an individual from visiting more than one incarcerated person in the custody of the department of correction, or more than one incarcerated person in the same facility, absent an individual determination that such visitation would pose a threat to security or orderly running of the facility;
(f) requiring eligible visitors to submit more private and personal information to be pre-approved to visit than is strictly necessary for the safety and security of the institution and/or without complying with all applicable statutes, regulations, and orders governing the protection of sensitive and/or private personal information;
(g) requiring a visitor to resubmit a pre-approval application because their personal or private information has changed or because they were removed from the visitation list by an incarcerated person or by the institution;
(h) requiring first time visitors traveling from 75 miles or more to be pre-approved, so long as they can pass an on the spot criminal background history and victim notification registry check;
(i) limiting incarcerated people to receiving visitors from a pre-approved list without permitting them to update their list upon request, or limiting incarcerated people to receiving visitors from a pre-approved list without providing a reasonable process for them to request an exception allowing for approval of visitors where visitation could not have been reasonably foreseen. Such requests shall be approved within 10 calendar days absent an individual determination that such visitation would pose a threat to security or orderly running of the facility;
(j) refusing to permit a visitor or visitors who previously visited an incarcerated person without incident or who was on an incarcerated person’s previously approved visitor list to visit that incarcerated person upon his or her admission or transfer to a new facility, absent a specific determination that such visitor(s) would pose a threat to security or orderly running of the facility; or requiring a new pre-approved list of authorized visitors upon an incarcerated person’s admission or transfer to a new facility without permitting at least 2 adult visitors and any of the incarcerated person’s minor children to visit the incarcerated person pending authorization of the person’s visitor applicants;
(k) excluding a visitor from eligibility solely on the basis of their criminal history or status as formerly incarcerated;
(l) excluding a visitor from eligibility solely on the basis of their role, past or present, as a volunteer in a state or federal prison, jail or house of correction;
(m) excluding a visitor from eligibility solely because of their participation in community functions, events, or meetings;
(n) excluding a visitor from eligibility unless there is a reasonable individualized suspicion that their visitation poses a threat to institutional security; the reasonable individualized suspicion shall be articulated in writing to the excluded person and to the incarcerated person they visited or attempted to visit within 5 days of the determination to exclude them, including an expiration date for the exclusion as soon as is reasonable to address the articulated threat and further providing the excluded person the right to appeal their exclusion as well as to have their exclusion re-evaluated after no more than 1 month has passed;
(o) prohibiting an incarcerated person from holding their minor children, failing to provide a designated visiting area for visitors with minor children, or prohibiting incarcerated people or visitors from playing with or instructing their children;
(p) prohibiting incarcerated people and visitors from sitting side by side or from engaging in reasonable physical contact, including but not limited to a brief handshake, touching/holding hands, hug, and closed-mouth kiss during the visit;
(q) prohibiting contact visitation wherever such visitation is feasible;
(r) removing contact visitation as a disciplinary measure for more than 15 days;
(s) implementing a dress code that is unreasonable and/or fails to respect a visitor’s religion, race, class, culture, gender identity, and sexual orientation; “unreasonable” includes but is not limited to restricting religious practices common to the public such as double layer clothing for religious purposes, requiring children ages 12 and under to follow the adult dress code, barring coats with hoods in facilities where visitors have to walk outside to enter the visitation area during inclement weather, barring any clothing or accessory that does not pose a threat to security or the orderly running of the facility or preventing a visitor whose dress was deemed unacceptable from returning during a designated visiting period on the same day with alternate clothing;
(t) turning away a visitor on the basis of a dress code violation without consulting the superintendent, shift commander, or designee, provided, however, that if a visitor is turned away for a dress code violation that the specific reason must be in writing and provided to the visitor upon request;
(u) prohibiting incarcerated people in restrictive housing or any other unit separated or segregated from the general population from having access to the same visitation as people in general population, provided, however, that visits may be restricted for up to 15 days for a disciplinary offense;
(v) failing to provide a separate confidential room for legal visits in each correctional facility;
(w) prohibiting daily access to visitation during all facility or hospital visiting hours should an incarcerated person be transferred to an outside facility or hospital and be in critical condition or in imminent danger of death;
(x) providing any less than one confidential 4-hour visiting period to an incarcerated person who experiences the death, or imminent danger of death, of an immediate family member;
(y) failing to establish a policy that visitation be maximized and as free and unencumbered as possible, provided it is not inconsistent with a facility’s operational and security needs;
(z) failing to allow incarcerated people and visitors to use the restroom during regular visitation hours without being prohibited from resuming the visit after using the restroom;
(aa) using a drug-detection dog to screen minor children who are otherwise conducting a lawful visit, when other drug-detection screening options are available at the facility;
(bb) failing to post and notify organization providing legal representation to prisoners of visitation schedules, including holidays and other foreseeable changes, in the visitor lobby of the facility and online at least 3 weeks in advance;
(cc) prohibiting or otherwise preventing visitation due to routine drills or other routine operations.
(2) All correctional institutions, jails, and houses of correction that require advanced scheduling for in-person visits or video communication shall allow visitors to schedule these online.
(3) A correctional institution, jail or house of correction may use video or other types of electronic devices for communication with visitors; provided, that such communications shall be in addition to and shall not replace in-person visitation, as prescribed in this section.
Video or other such electronic communication with visitors shall not be unreasonably limited, as defined in parts (1)(a)-(cc) of this Section. Any visitor that has been pre-approved for an in-person visit shall be considered automatically pre-approved for video or electronic communication. If such individuals are pre-approved, they may participate in the video visit simultaneously. Video or electronic communication shall be no less than 30 minutes per video or electronic communication session. Minor children shall always be allowed to be on screen with adults during video or other electronic communication, notwithstanding any other rules or procedures to the contrary. Incarcerated people shall not be strip searched prior or subsequently to video or electronic communication with visitors unless there is an individualized and particularized suspicion that justifies such search. There shall be no cost associated with any video or electronic communication with visitors.
Nothing in this section shall prohibit the temporary suspension of visitation privileges for good cause including, but not limited to, misbehavior or during a bonafide emergency.
(4) Every corrections officer, staff, administrator and employee of a correctional institution, jail or house of correction shall be required to attend a bi-annual training session and receive educational information on: (1) the importance of ongoing visitation to individuals who are incarcerated as related to reducing recidivism, violence and increasing successful re-entry, and (2) the importance of civility and respectful conduct toward family members and other members of the public who visit individuals who are incarcerated so as to encourage visitation on a regular basis while maintaining security and (3) awareness and sensitivity to racial, cultural, gender, gender identity, sexuality, disability, and religious needs and differences. Training session materials and educational information shall be developed in consultation with representatives of the Massachusetts Bar Association, the Women’s Bar Association, Prisoners’ Legal Services, formerly incarcerated persons, community-based organizations, and community-based re-entry programs, and prior to implementation shall be submitted to the joint committee on the judiciary and the joint committee on public safety and homeland security.
(5) Any corrections officer, staff, administrator, or employee of a correctional institution, jail, or house of correction who refuses training under subsection (4) or otherwise found in violation of any provision of this section shall be prohibited from overseeing or working in visiting areas or visitor processing.
No institution shall restrict and/or limit visiting area capacity
No institution shall enforce department of public health Covid-19 recommendations in a way that restricts and/or limits visiting area capacity; or enforce department of public health recommendations on incarcerated persons and visitors that have not tested positive for Covid-19 in a way that restricts and/or limits visiting privileges and/or times.
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An Act further defining a hate crime
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H2315
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HD2554
| 193
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{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T14:32:07.56'}
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[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T14:32:07.56'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-19T14:44:50.1866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:29:46.4033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2315/DocumentHistoryActions
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Bill
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By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 2315) of David F. DeCoste, Colleen M. Garry and Michael J. Soter for legislation to further define hate crimes. Public Safety and Homeland Security.
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SECTION 1:- Section 32 of Chapter 22C is hereby amended by inserting after the words “or intimidation” the following:-
“, or an attack on a police officer which results in serious injury or death”
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[]
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An Act relative to elevator inspection fee waiver for non-profits
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H2316
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HD2624
| 193
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{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T15:06:40.063'}
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[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T15:06:40.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2316/DocumentHistoryActions
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Bill
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By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 2316) of David F. DeCoste for legislation to authorize non-profit or charitable organizations to apply for waivers to the state elevator inspection fee. Public Safety and Homeland Security.
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Chapter 143, section 64 of the Massachusetts General Law is hereby amended by inserting at the end thereof the following: "A non-profit or charitable organization may apply for a waiver to the state elevator inspection fee."
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An Act relative to the establishment of the PFAS research and development public safety fund
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H2317
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HD2239
| 193
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{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-19T11:44:18.973'}
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[{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-19T11:44:18.9733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-29T14:28:55.8466667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-29T14:28:55.8466667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-29T14:28:55.8466667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-29T14:28:55.8466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-29T14:28:55.8466667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-29T14:26:32.7366667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T12:10:26.2233333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-30T12:09:23.6933333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T14:58:46.7166667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-31T15:04:20.8533333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-02T13:09:10.93'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-02T13:08:22.85'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T13:08:02.68'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-09T12:13:49.3933333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-09T12:14:10.6266667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:56:41.1266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-19T13:23:08.38'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-07T15:23:01.52'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T15:19:38.5266667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T11:04:49.7166667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-22T10:51:50.83'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-18T14:17:00.32'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T10:37:17.57'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-09-27T11:30:39.69'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-09-27T11:30:30.6433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-10-16T14:46:50.1766667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-10-16T14:46:39.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2317/DocumentHistoryActions
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Bill
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By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 2317) of Carol A. Doherty and others relative to the establishment of the PFAS research and development public safety fund to be administered by the Secretary of Public Safety and Security. Public Safety and Homeland Security.
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SECTION 1. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2Q following new section:-
“Section 2R. There shall be established and set up on the books of the Commonwealth a PFAS Research and Development Public Safety Fund. The secretary of public safety and security shall administer the fund. The fund shall consist of amounts credited to the fund from: (i) any appropriations, grants, gifts or other money authorized by the general court or other parties and specifically designated to be credited to the fund; and (ii) any income derived from the investment of amounts credited to the fund. Any unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. Amounts credited to the fund may be expended, without further appropriation, by the secretary on related programs, grants and costs. Such fund shall be used to support the development, testing and purchasing of a PFAS-free Firefighter Turnout Gear moisture barrier material and design that meet or exceed current NFPA standards without compromising protection or performance and the development and testing of other new materials and designs for turnout gear that reduce the inherent dangers firefighters face, including but not limited to: enhanced protection against primary and secondary exposure to particulates and byproducts of combustion, and reduced maintenance that includes contamination resistance and greater ease of cleaning for any new technical fabrics or designs.”
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An Act to enhance child passenger safety
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H2318
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HD2916
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T12:42:49.65'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T12:42:49.65'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:16:42.1266667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:11:59.4833333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-14T10:50:53.8166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-09T17:25:51.75'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2318/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 2318) of Mindy Domb and others relative to further regulating child passenger restraints in motor vehicles. Public Safety and Homeland Security.
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Section 7AA of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph;-
The child passenger restraint shall be approved by the US Department of Transportation's Federal Motor Vehicle Safety Standards 213, and must be properly fastened and secured according to the manufacturer's instructions. All infants and toddlers under the age of 2 years or weighing less than 30 lbs. shall be restrained in a rear-facing car seat. All children 2 years or older, or who have outgrown their rear-facing car seat by height and weight, should use a forward facing car seat with a harness up to the maximum height and weight allowed by the child restraint manufacturer.
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[]
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[]
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An Act to ensure access to medical parole
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H2319
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HD3779
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:28:59.19'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:28:59.19'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T16:55:05.0166667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:45:41.9333333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:11:58.1733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:54:14.25'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-03-23T10:25:39.1866667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-01T10:27:34.38'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:50:45.8066667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-07-20T11:48:29.2566667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T20:25:47.1833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T12:58:50.89'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:39:28.1933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:03:28.4833333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T15:19:33.71'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-24T16:01:57.3833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:55:56.11'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T15:17:00.98'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2319/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 2319) of Mindy Domb and others relative to access to medical parole. Public Safety and Homeland Security.
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SECTION 1. Section 119A of Chapter 127 of the General Laws, as so appearing, is hereby amended by striking out the definitions of “Permanent incapacitation” and “Terminal illness” in subsection (a) and replacing with the following:
''Permanent incapacitation'', a medical determination of a physical or cognitive incapacitation that appears irreversible, as determined by a licensed physician.
''Terminal illness'', a medical determination of a condition that appears incurable, as determined by a licensed physician that will likely cause the death of the prisoner in not more than 18 months.
SECTION 2. Section 119A is further amended by adding the following definition after “Secretary”:
“Surrogate decision-maker”, a person chosen by an incarcerated person to advocate on their behalf. Such a surrogate may include next-of-kin, close family member, attorney, health care proxy, or an individual with power of attorney for the incarcerated person.
SECTION 3. Section 119A is further amended by striking subsection (c) and inserting the following subsections:
(c)(1) The superintendent of a correctional facility shall consider a prisoner for medical parole upon a written petition by the prisoner, the prisoner's attorney, the prisoner's next of kin, a medical provider of the correctional facility or a member of the department's staff. The superintendent shall review the petition and develop a recommendation as to the release of the prisoner. Whether or not the superintendent recommends in favor of medical parole, the superintendent shall, not more than 21 days after the Department’s receipt of the petition, transmit the petition and the recommendation to the commissioner. The superintendent shall transmit with the recommendation: (i) a proposed medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the current risk for violence that the prisoner poses to society. The risk assessment shall be based on consideration of the prisoner’s current cognitive and physical ability to violently recidivate, considering the probability that violence will actually occur, in light of the person’s documented current medical condition. Where the person's disability-related behaviors contribute to current risk, the Department must also consider whether reasonable accommodations such as individualized treatment and programming in a community setting could mitigate risk. Such assessment shall be supported, if requested by the petitioner, by routine video surveillance of the prisoner from the prison, demonstrating the prisoner’s level of incapacity.
(c)(2) The Department shall submit written petitions on behalf of permanently cognitively incapacitated prisoners. The Department must first contact the prisoner’s next of kin, surrogate decision-maker, attorney or Prisoners’ Legal Services, and notify them of the opportunity to file a petition in lieu of the Department. The Department’s obligation to submit written petitions on behalf of cognitively incapacitated prisoners does not preclude other appropriate parties from filing petitions on behalf of incarcerated persons with cognitive incapacitation. The Department shall accept release of information forms signed by the prisoner if no guardian has already been appointed.
(c)(3) The Department shall identify prisoners who are cognitively incapacitated through at least annual administration of a standardized cognitive assessment tool to all prisoners aged 55 and older. The Department shall identify all prisoners screening positive for cognitive impairment or who are terminally ill or physically incapacitated in a quarterly report to an appropriate prisoners’ rights legal organization, which will include the prisoner’s name, the prisoner’s next-of-kin or surrogate decision-maker, information about the prisoner’s sentence, and the relevant condition or description of the incapacitation. In addition to the regular assessments by medical personnel at the prison, the prisoner, or the prisoner’s family or attorney may request at any time that the prisoner’s primary care physician in the prison assess cognitive capacity.
(c)(4) Upon the commissioner’s receipt of the petition and recommendation pursuant to paragraph (1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable under chapter 258B, the victim or the victim's family that the prisoner is being considered for medical parole. The parties who receive the notice shall have an opportunity to provide written statements; provided, however, that if the prisoner was convicted and is serving a sentence under section 1 of chapter 265, the district attorney or victim's family may request a hearing.
Where the prisoner meets the medical criteria for medical parole, the Department must submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35 days after the Department’s receipt of the petition. Where a parole plan to a private home appropriate to the person’s care is available, that home shall be the proposed plan unless the Department produces documentation of specific reasons the home placement would cause a risk to public safety.
SECTION 4. Section 119A is further amended by striking subsection (d) and replacing with the following subsections:
(d)(1) A sheriff shall consider a prisoner for medical parole upon a written petition filed by the prisoner, the prisoner's attorney, the prisoner's next of kin, a medical provider of the house of correction or jail or a member of the sheriff's staff. The sheriff shall review the request and develop a recommendation as to the release of the prisoner. Whether or not the sheriff recommends in favor of medical parole, the sheriff shall, not more than 21 days after the Department’s receipt of the petition, transmit the petition and the recommendation to the commissioner. The sheriff shall transmit with the petition: (i) a proposed medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the current risk for violence that the prisoner poses to society. The risk assessment shall be based on consideration of the prisoner’s current cognitive and physical ability to violently recidivate, and the probability that violence will actually occur, in light of the person’s documented current medical condition. When the person's disability-related behaviors contribute to current risk, the Department must also consider whether reasonable accommodations such as individualized treatment and programming in a community setting could mitigate risk. Such assessment shall be supported, if requested by the petitioner, by routine video surveillance of the prisoner from the jail, demonstrating the prisoner’s level of incapacity.
(d)(2) The sheriff shall submit written petitions on behalf of permanently cognitively incapacitated prisoners. The sheriff must contact the prisoner’s next of kin, surrogate decision-maker, attorney or Prisoners’ Legal Services, and notify them of the opportunity to file a petition in lieu of the sheriff. The Sheriff’s obligation to submit written petitions on behalf of cognitively incapacitated prisoners does not preclude other appropriate parties from filing written petitions on behalf of incarcerated persons with cognitive incapacitation. The sheriff shall accept release of information forms signed by the prisoner if no guardian has already been appointed.
(d)(3) The sheriff shall identify prisoners who are cognitively incapacitated through at least annual administration of a standardized cognitive assessment tool to all prisoners aged 55 and older. The sheriff shall identify all prisoners screening positive for cognitive impairment or who are terminally ill or physically incapacitated in a quarterly report to an appropriate prisoners’ rights legal organization, which will include the prisoner’s name, the prisoner’s next-of-kin or surrogate decision-maker, information about the prisoner’s sentence, and the relevant condition or description of the incapacitation. In addition to the regular assessments by medical personnel at the prison, the prisoner, or the prisoner’s family or attorney may request at any time that the prisoner’s primary care physician in the prison assess cognitive capacity.
(d)(4) Upon the commissioner's receipt of the petition and recommendation pursuant to paragraph (1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable under chapter 258B, the victim or the victim's family that the prisoner is being considered for medical parole. The parties who receive the notice shall have an opportunity to submit written statements.
Where the prisoner meets the medical criteria for medical parole, the Department shall submit a medical parole plan meeting the prisoner’s needs to the Parole Board no later than 35 days after the sheriff’s receipt of the petition. Where a medical parole plan to a private home appropriate to the individual’s care is available, that home shall be the proposed plan unless the Department produces documentation of specific reasons the home placement would cause a risk to public safety.
SECTION 5. Section 119A is further amended by striking subsection (e) and replacing with the following:
(e) The commissioner shall issue a written decision not later than 45 days after the Department’s receipt of a petition, which shall be accompanied by a statement of reasons for the commissioner's decision. The Department shall also establish a policy implementing a further expedited process for decision and release of a person on medical parole whose death by terminal illness is found to be likely in less than 6 months. Medical parole shall be granted to a terminally ill or permanently incapacitated prisoner unless the Commissioner determines by clear and convincing evidence that, if the prisoner is released with appropriate conditions, community supervision, and reasonable accommodations, the prisoner will not live and remain at liberty without violently recidivating. The assessment of terminal illness or permanent incapacitation by a medical provider shall be separate from the public safety risk assessment. Any denial of medical parole shall explain how the petitioner’s release would be incompatible with the welfare of society given the petitioner’s current medical condition. No petition shall be denied on medical grounds without a current, in-person evaluation of the prisoner by the licensed physician opining that the person is not medically eligible. Petitioners shall have a right to funds for experts pursuant to chapter 261. The parole board shall impose terms and conditions for medical parole that shall apply through the date upon which the prisoner's sentence would have expired and which shall be no more restrictive than the individual’s current medical condition necessitates.
All decisions to grant or deny medical parole, and the creation of a medical parole plan shall be made without bias pertaining to a person’s race, ethnicity, disability, religion, sexual orientation, or gender identity.
Release after a grant of medical parole shall occur within 7 days of the grant, absent documented extraordinary circumstances preventing such timely release. A prisoner for whom the Department cannot identify appropriate post-release placement shall be referred to the Department of Public Health (“DPH”) for placement in an appropriate DPH facility pursuant to section 151 of chapter 127. Not less than 24 hours before the date of a prisoner's release on medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the department of state police, the police department in the city or town in which the prisoner shall reside and, if applicable under chapter 258B, the victim or the victim's family of the prisoner's release and the terms and conditions of the release.
SECTION 6. Section 119A is further amended by striking subsection (f) and replacing with the following:
(f) For all purposes, including revocation, a prisoner granted release under this section shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions of a medical parole at any time.
If a parole officer receives credible information that the individual’s terminal illness or permanent incapacitation has improved to the extent that the individual would no longer be eligible for medical parole under this section, the board shall obtain a medical assessment by a licensed physician of the prisoner’s current medical condition. If the medical assessment concludes that the individual no longer qualifies for medical parole, the parole officer shall bring the individual on medical parole before the board for a parole revocation hearing. The individual shall remain at liberty during the pendency of the revocation proceedings, barring a substantial and immediate risk to public safety. If the board establishes at the revocation hearing that the terminal illness or permanent incapacitation has improved to the extent that the individual is no longer eligible for medical parole pursuant to this section, the board shall order the return of the individual to incarceration, or, subject to appropriate terms and conditions set by the board, order release to parole supervision under another form of parole permitted by law.
If a parole officer receives credible information that an individual on medical parole has failed to comply with a condition of medical parole, the parole officer may initiate parole revocation proceedings. If the board established at the revocation hearing that the individual has violated a condition of medical parole, it may revoke parole and order return of the individual to incarceration, or order that the individual be reparoled to the community on medical parole subject to appropriate terms and conditions set by the board. In determining whether to order the individual’s return to custody, the board shall consider the medical hardship of incarceration and whether provision of reasonable accommodations would enable the individual to comply with the conditions of medical parole.
If the board orders revocation and reincarceration pursuant to this subsection, the prisoner shall return to custody in accordance with the terms of their original sentence with credit given only for the duration of the medical parole that was served in compliance with all conditions of their medical parole pursuant to subsection (e). Revocation of a prisoner’s medical parole for any reason shall not preclude a prisoner’s eligibility for medical parole in the future or for another form of release permitted by law.
SECTION 7. Section 119A is further amended by striking subsection (g) and replacing with the following:
(g) A prisoner, sheriff or superintendent aggrieved by a decision denying or granting medical parole made under this section may petition for relief pursuant to section 4 of chapter 249.
A reviewing court may affirm or reverse the commissioner's decision and order grant or denial of the prisoner’s release. Petitions for certiorari shall be handled by the judiciary with due haste considering the urgent nature of medical parole. A decision by the court affirming or reversing the commissioner's grant or denial of medical parole shall not affect a prisoner's eligibility for any other form of release permitted by law. A decision by the court pursuant to this subsection shall not preclude a prisoner's eligibility for medical parole in the future.
SECTION 8. Section 119A is further amended by striking subsection (i) and replacing with the following:
(i) The commissioner and the secretary shall file an annual report not later than March 1 with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary detailing, for the prior year: (i) the number of prisoners in the custody of the department or of the sheriffs who applied for medical parole under this section and the race, ethnicity, and age of each applicant at the time of the petition; (ii) the number of prisoners who have been granted medical parole and the race and ethnicity, age of each prisoner at the time of the petition; (iii) the nature of the illness of the applicants for medical parole; (iv) the counties to which the prisoners have been released; (v) the number of prisoners who have been denied medical parole, the reason for the denial and the race, ethnicity and age of each prisoner at the time of the petition; (vi) the number of prisoners who have petitioned for medical parole more than once; (vii) the number of prisoners released who have been returned to the custody of the department or the sheriff and the reason for each prisoner's return; and (viii) the number of petitions for relief sought pursuant to subsection (g). Nothing in this report shall include personally identifiable information of the prisoners.
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An Act relative to housing production plans
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H232
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HD2000
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:04:53.193'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:04:53.1933333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:18:19.99'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:56:28.38'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:47:02.5466667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:03:35.54'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:58:33.98'}]
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 232) of Bradley H. Jones, Jr., and others relative to housing production plans. Community Development and Small Businesses.
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SECTION 1. Section 8 of Chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after line 14, the following paragraph:-
Upon the approval of a comprehensive housing production plan by the department, a city or town shall have the right to deny any housing application that is inconsistent with the goals of said housing production plan for a period of not more than two years following the plan’s initial approval.
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An Act relative to notice of activation of the Massachusetts National Guard within the Commonwealth
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H2320
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HD3857
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:57:05.32'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:57:05.32'}]
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 2320) of Mindy Domb that the National Guard provide written notice of activations to certain members of the General Court. Public Safety and Homeland Security.
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Chapter 33 of the General Laws is hereby amended by inserting after section 43 the following section:-
Section 43A. (a) The Adjunct General of the Massachusetts National Guard, or their designee, shall provide written notice to members of the house of representatives and the senate of an order activating the organized militia (Massachusetts National Guard), when such militia is deployed in any such member’s district pursuant to this chapter.
(b) The notice provided for in subsection (a) shall be in advance of such deployment and include specific reasons for activating the organized militia including, but not limited to: (i) whether said order was in response to a request for support by a municipal or county official or any other person; (ii) the municipality or municipalities wherein the organized militia shall be deployed; (iii) what event or occurrence has prompted said order; and (iv) any other information necessary to determine the scope and purpose of said activation.
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An Act relative to safe building materials
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H2321
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HD2996
| 193
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{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T20:11:21.337'}
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[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T20:11:21.3366667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-28T12:07:39.8266667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-28T12:07:39.8266667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T12:07:39.8266667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-28T12:07:39.8266667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-28T12:07:39.8266667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-28T12:07:39.8266667'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-03-09T09:58:10.3933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-30T09:38:01'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-30T09:38:01'}]
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By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 2321) of Daniel M. Donahue and others relative to the use of safe building materials in residential construction. Public Safety and Homeland Security.
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SECTION 1. Section 96 of chapter 143 of the General Laws, as appearing in the 2016 2 Official Edition, is hereby amended by inserting after the word code, in line 8, the following 3 words: –, light frame construction code under section 26J of chapter 148.
SECTION 2. Chapter 148 of the General Laws, as so appearing, is hereby amended by 5 inserting after section 26I the following section: –
Section 26J. Light Frame Construction Code.
(a) As used in this section the following terms shall, unless the context clearly requires 8 otherwise, have the following meanings: –
“Dwelling unit”, a single unit providing complete, independent living facilities for one or more persons living as a single housekeeping unit, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Fire barrier”, a fire-resistance rated wall assembly of materials designed to restrict the spread of fire in which continuity is maintained.
“Fire partition”, a vertical assembly of materials designed to restrict the spread of fire in which openings are protected.
“Fire wall”, a fire-resistance rated wall having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof, with sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall.
“Fire watch warden”, an individual hired to monitor new residential use structure construction projects that utilize light frame construction.
“Horizontal assembly”, a fire-resistance rated floor or roof assembly of materials designed to restrict the spread of fire in which continuity is maintained.
“Horizontal separation”, a floor assembly separating dwelling units in the same structure, a floor assembly separating sleeping units in the same structure, and a floor assembly separating dwelling or sleeping units from other occupancies contiguous to them in the same structure.
“Light frame construction”, a type or construction the vertical and horizontal structural elements of which are primarily formed by a system of repetitive wood framing members or that utilizes metal-plate-connected wood trusses, metal-plate-connected metal-web wood trusses, pin end connected steel-web wood trusses, wooden I-joists, solid-sawn wood joists, composite wood joists as floor or roof system structural elements, or load bearing elements made of combustible materials.
“Planned real estate development” or “development”, any real property, whether contiguous or not, which consists of or will consist of, separately owned areas, irrespective of form, be it lots, parcels, units, or interest, and which are offered or disposed of pursuant to a common promotional plan and providing for common or shared elements or interests in real property. This definition shall not apply to any form of timesharing, but it shall include; condominiums, any form of homeowners' association, any housing cooperative or any community trust or other trust device.
“Residential use structure”, a hotel, motel, resort, boarding house or inn as those terms 41 are defined in section 12A of chapter 140; a multiple dwelling, as that term is defined in section 13A of chapter 22; or rooming house, as that term is defined in section 199B of chapter 111.
“Sleeping unit”, a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both, but does not include such a room or space that is also part of a dwelling unit.
(b) A new residential use structure containing more than two dwelling or sleeping units under the R Occupancy in the International Building Code (IBC) may only be constructed utilizing light frame construction if the following requirements are satisfied:
(1) Notwithstanding any other provision in this chapter, an automatic sprinkler system shall be installed throughout the structure in accordance with the requirements of National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems.
(2) The number of stories permitted in the structure shall be measured from grade plane and includes any pedestal or podium.
(3) Each fire partition shall:
(i) be constructed of noncombustible materials or fire-retardant treated wood as per the current edition of NFPA 703;
(ii) be constructed with a fire-resistance rating of at least one hour; and
(iii) comply with all other requirements for fire partitions under the IBC.
(4) Each horizontal assembly installed between floors separating dwelling or sleeping units shall:
(i) be constructed of noncombustible materials or fire-retardant treated wood as per the current edition of NFPA 703;
(ii) be constructed as a horizontal assembly with a fire-resistance rating of at least one hour; and
(iii) comply with all other requirements for horizontal assemblies under the code.
(5) Each fire wall shall:
(i) be constructed of noncombustible materials ;
(ii) not be adversely affected by moisture;
(iii) shall be a minimum of a 2-hour rated assembly (per the IBC).
(6) (i) If any light framing of the structure is unprotected, the structure shall not have more than three stories and shall not exceed 60 feet above grade plane.
(ii) If all light framing of the structure is protected, the structure shall not have more than four stories and shall not exceed 70 feet above grade plane.
(7) If the structure has five or more dwelling or sleeping units, a horizontal assembly shall not be considered to create separate and distinct structures for the purposes of determining area imitations, continuity of fire walls, limitation of number of stories, and type of construction a provided under this subsection and the code.
(c) The contractor, or subcontractor for a construction project proposed in accordance with this section shall be registered with the board of building regulations.
(d) The construction of a new residential use structure containing more than two dwelling or sleeping units utilizing light frame construction shall not commence unless a fire watch warden who meets the requirements of paragraph (1) of this subsection is present 24 hours a day to monitor the construction and alert firefighters, medical, rescue, or law enforcement personnel if a fire or other emergency occurs.
(1) A person shall be eligible to be a fire watch warden shall be eligible to be a fire watch warden if the person is qualified pursuant to regulations issued by the marshal and is an active or retired firefighter, a retired or active building trades council member, retired or active police officer or first responder or registered/certified security guard, retired or current building or zoning code official, or is a current or retired fire inspector or fire marshal (or individual deemed to comply) who is certified pursuant to regulations issued by the marshal.
(2) A developer or owner of a construction project subject to the provisions of this subsection shall be responsible for hiring, training, and compensating the fire watch wardens, and any expense to ensure that they are on site, including inspection by the department or the local enforcing agency.
(3) A fire watch warden shall make regular inspections and patrols of the area assigned to the fire watch warden for supervision by the developer or owner. A fire watch warden shall not be assigned any other responsibilities that would interfere with or prevent the fire watch warden from carrying out the fire watch warden’s responsibilities under this subsection.
(4) A fire watch warden shall maintain a record of activities performed in connection with the construction project that constitute a potential threat to fire safety. The records shall be submitted to the department on a weekly basis and the division may, in its discretion, take any action appropriate to abate any fire safety issues, including, but not limited to, requesting that the local enforcing agency revoke the construction permit for the project.
(5) A fire watch warden shall be present after 4pm Monday through Friday, 24-hours a day on weekends, and all legal holidays where construction is not taking place throughout the construction project and shall continue to monitor the construction project until the final sprinkler inspection is completed and a certificate of occupancy is issued.
(6) The department may assess a developer or owner of a construction project, utilizing a fire watch warden pursuant to this subsection, reasonable administrative fees incurred by the division in performing its duties as set forth in this subsection.
(7) The provisions of this subsection shall not apply to a townhouse or other single-family dwelling. For purposes of this section, “townhouse” means a single-family dwelling unit constructed in a group of 3 or more attached units in which each unit extends from the foundation to roof and with open space on a least 2 sides.
(e) The marshal shall, adopt regulations to require that placards identifying the primary structural system of a structure are affixed adjacent to the fire alarm control panel and to an exterior wall within 10 feet of the main entrance to the structure.
(f) The placards shall be 8 inches vertically by 11 inches horizontally and shall have a white background, black letters, and a black border. The letters shall be in at least 72-point boldface type. The letters and border shall be visible and readable from at 10 feet.
(g) One of the following descriptions shall be printed on a placard, as appropriate:
(1) “Load-bearing concrete walls”;
(2) “Load-bearing masonry walls”;
(3) “Load-bearing steel stud walls”;
(4) “Load-bearing light-framed combustible walls”;
(5) “Structural concrete frame”;
(6) “Structural steel frame”;
(7)“Timber or cross-laminated timber”; or
(8) if the primary structural system of the structure is not one of the foregoing, a
description approved by the enforcing agency shall be printed instead.
(h) The following language shall be printed on each placard following the description of 154 the structural system: “serves as the primary structural system of this structure”.
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An Act establishing a commission to study post-traumatic stress disorder in law enforcement officers
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H2322
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HD2362
| 193
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{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T15:28:19.383'}
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[{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-17T15:28:19.3833333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T15:42:50.3333333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:39:36.1633333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-19T06:36:03.9966667'}]
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By Representative Durant of Spencer, a petition (accompanied by bill, House, No. 2322) of Peter J. Durant, Joseph D. McKenna and Alyson M. Sullivan-Almeida for an investigation by a special commission (including members of the General Court) relative to post-traumatic stress disorder in law enforcement officers. Public Safety and Homeland Security.
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There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study and investigate post traumatic stress disorder in law enforcement officers. The commission shall consist of 2 members of the house of representatives, 1 of whom shall be nominated by the minority leader, 2 members of the senate, 1 of whom shall be nominated by the minority leader, the commissioner of public safety or a designee, the colonel of the state police or a designee, the secretary of health and human services or a designee, the commissioner of mental health and 3 members to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Chiefs of Police Association Incorporated. The members of the commission may elect a member to serve as chair. As part of its study and investigation, the commission shall review causes of post traumatic stress disorder among police officers in the commonwealth, and identify the estimated prevalence of post traumatic stress disorder among police officers in the commonwealth. The commission shall identify and analyze methods, practices and programs, including those in other states, to prevent and treat post traumatic stress disorder in police officers. The commission shall make recommendations for which methods, practices and programs, including existing programs in the commonwealth, are most effective in preventing and treating post traumatic stress disorder in police officers.
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An Act permitting the manufacture and sale of sling shots
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H2323
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HD2475
| 193
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{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-19T13:34:11.323'}
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[{'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-01-19T13:34:11.3233333'}]
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Bill
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By Representative Durant of Spencer, a petition (accompanied by bill, House, No. 2323) of Peter J. Durant relative to permitting the manufacture and sale of sling shots. Public Safety and Homeland Security.
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Section 12 of Chapter 269 of the MGL is hereby amended by striking in line 6 the words “sling shot”; and by striking the clause “provided, however, that sling shots may be manufactured and sold to clubs or associations conducting sporting events where such sling shots are used.”
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An Act relative to emergency planning
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H2324
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HD1604
| 193
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{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:12:15.887'}
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[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:12:15.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2324/DocumentHistoryActions
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Bill
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By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 2324) of Ann-Margaret Ferrante for legislation to direct the Massachusetts Emergency Management Agency to assess and report on the preparedness plans for a radiological accident at the Pilgrim Nuclear Power Station and the Seabrook Nuclear Power Plant. Public Safety and Homeland Security.
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SECTION 1. In order to assess the present preparedness in Barnstable and Essex Counties and to determine the need for, and appropriateness of, any additional specific steps for a radiological accident at Pilgrim Nuclear Power Station and Seabrook Nuclear Power Plant, Massachusetts Emergency Management Agency shall report to the Governor and the Legislature by January first, two thousand twenty, its findings, recommendations and proposed legislation and assessments where appropriate concerning:
1. The need for and appropriateness of additional specific state and local activities or programs beyond those required by the accepted radiological emergency preparedness plans or provided for under existing law, including but not limited to:
a) Plume transport and dose assessment models;
b) Radiological and meteorological monitoring equipment;
c) Emergency Notification, Methods and Procedures;
d) Emergency Communications;
e) Public Information and Education;
f) Emergency Facilities and Equipment;
g) Accident Assessment;
h) Protective Response, Sheltering: Assessment of Shelters in Barnstable County suitable in a radiological emergency;
i) Protective Response, Evacuation: Evacuation Routes, Evacuation Time Estimates, Traffic Control, Impediment Removal, Security Patrols, Reception Centers, monitoring and decontamination capability, Mass Care Shelters, Ingestion Exposure pathway Protective Measures;
j) Transportation for transportation dependent;
k) Medical and Public Health Support;
l) Relocation, Re-Entry, and Return Planning and Post Accident Operations;
m) Exercises and Drills;
n) Radiological Emergency Response Training;
o) Responsibility for Planning Effort: development, Periodic review and Distribution of Emergency Plans; and
p) Maps with prevailing wind speeds around the compass rose.
SECTION 2. Any such recommendations shall be developed in consultation with all concerned public and private parties and shall:
(a) Take into account proven safety effectiveness;
(b) Outline any proposed costs and the means for meeting such costs;
(c) Consider related activities of the United States Nuclear Regulatory Commission or others; and
(d) When appropriate, discuss alternatives and various implementation stages.
SECTION 3. If at any time following the development, review or approval of state and local radiological plans, the Governor determines that said plans are no longer adequate to protect the public health and safety, he/she shall notify the Federal Emergency Management Agency to secure withdrawal of the plans and call on Nuclear Regulatory Commission to revoke the operating license and begin the decommissioning process.
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An Act related to rehabilitation, re-entry, and human rights for incarcerated persons
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H2325
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HD2972
| 193
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{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T20:29:06.533'}
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[{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T20:29:06.5333333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-08T13:12:16.1833333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:13:46.86'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:51:54.81'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T09:53:23.8566667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-03-23T10:26:37.7433333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-03T10:06:58.93'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-31T21:59:38.2433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:52:57.8866667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-21T16:33:07.26'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:43:22.4366667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:17:57.49'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-05-02T10:18:22.4866667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T12:45:16.4233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-24T09:15:20.6433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T12:57:00.9'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:37:26.5933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T22:17:33.9133333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-02T10:38:30.1266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-25T11:09:49.3766667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T12:53:26.24'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T08:57:25.2'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:50:20.31'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:44:42.06'}]
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Bill
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By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 2325) of Brandy Fluker Oakley and others for legislation to maximize out-of-cell time and opportunities for incarcerated people to attend education, training, employment, and other programs. Public Safety and Homeland Security.
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SECTION 1. Chapter 127, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section immediately after section 48B:-
Section 48C:
(a) Definitions. For purposes of this section, the following definitions apply:
“Cell” means any room, area, or space that is not a shared space conducive to meaningful, regular, and congregate social interaction among many people in a group setting, where an individual is held for any purpose.
“Congregate” means more than one person together in a space without barriers between them.
“Out of cell” means a space outside of, and in an area away from, a cell, in a group setting with other people all in the same shared space without physical barriers, conducive to meaningful and regular social interaction and activity.
(b) The commissioner and administrators of state prisons and county facilities shall, by the effective date of this legislation, promulgate regulations to maximize out of cell time and opportunities for participation of incarcerated people in education, training, employment, and all other programming including programming related to rehabilitation, health care, and substance use. At a minimum, the commissioner and administrators of state prisons and county facilities shall ensure that:
(1)All incarcerated people shall have the opportunity to access at least one hour of congregate programming per day which is eligible for good conduct deductions under Mass. Gen. Laws chapter 127 section 129D. Programming in addition to the one hour daily required by this section shall be maximized and may include individual tablet-based programming as well as other individual and congregate programming.
(2)All incarcerated people shall have the opportunity to access vocational and educational training and work opportunities, including in the community. Community partnerships for vocational training shall be maximized, and vocational training shall be updated in accordance with evolving community needs to increase the potential for successful re-entry.
(3)All incarcerated people shall have the opportunity to earn good conduct deductions pursuant to Mass. Gen. Laws chapter 127 section 129D every month through a combination of in-person and virtual education, vocational, and rehabilitation programming and work.
(4)All incarcerated people shall have the opportunity to create organizations and affinity groups for peer support, peer-led programming, and self-improvement.
(5)Except for operational emergencies, all incarcerated people shall be offered at least eight hours out of cell per day. Incarcerated people shall not be handcuffed, shackled, restrained to a chair or table, or otherwise restrained during out of cell time.
(6)All incarcerated people shall have access to at least one hour of congregate fresh air recreation outdoors where they can reasonably move around, exercise and have social interaction without physical barriers or mechanical restraints per day. Weather permitting, this recreation shall be offered in an uncovered location.
(7)All incarcerated people shall be treated with dignity and cultural sensitivity and shall not be discriminated against on the basis of age, race, ethnicity, sexuality, gender identity, citizenship status, disability, alleged or charged crime.
(8)All incarcerated people shall receive access to in-person visitations at least in accordance with Mass. Gen. Laws chapter 127 section 36C.
(9)All incarcerated people shall have access to commissary on a weekly basis that is appropriate for their race, culture and gender identity, and commissary shall not be restricted unless the Superintendent makes an individualized determination that such restriction is necessary, explained in writing. Prices for items shall be in line with community prices and state or county correctional facilities shall not charge more than 3 percent over the purchase cost for commissary items. Culturally, racially, gender appropriate, and gender affirming items shall be made equally available as all other items. Incarcerated Black, Indigenous, and people of color shall be permitted to provide input at least quarterly on what items are deemed racially and culturally appropriate. Incarcerated women, transgender, and gender nonconforming people shall be permitted to provide input at least quarterly on what items are deemed appropriate and affirming for their gender identity. The catalogue of items shall be made accessible to incarcerated people and the public. The department of correction and sheriffs shall maximize opportunities to purchase commissary items in bulk and shall not receive revenue, financial incentives or commissions, in any contract with suppliers of commissary items. Any service, benefit or program for incarcerated people to which commissary commissions were specifically designated in fiscal year 2023 including, but not limited to, the Inmate Benefit Fund, The Law Library and the Central Program Account in the state prison system, shall be funded by the department of correction and the sheriffs at not less than the level of funding in fiscal year 2023.
(10) All incarcerated people shall receive medical care, substance use disorder treatment, and mental health care in line with the community standard of care, state regulations, and agency contracts.
(11)All incarcerated people shall have access to water quality that meets the Massachusetts Department of Environmental Protection's most recent standards and guidelines for contaminants in Massachusetts drinking water, daily showers, and flushable toilets.
(12)All incarcerated people shall have access to a library where they can access legal and other reading materials at least three times weekly.
(13)All correctional facilities must maintain temperatures in every habitable area of at least 68°F, between 7:00 A.M. and 11:00 P.M, and at least 64°F, between 11:01 P.M. and 6:59 A.M. The temperature should at no time exceed 78°F.
(c) The Commissioner shall collect data from the counties and publish a snapshot report on January first of each year with, for each state prison, county jail and house of correction, (1) how many people are in custody (2) how many people are enrolled in an educational program, and how many of those are earning good conduct deductions (3) how many people are enrolled in a rehabilitative program, and how many of those are earning sentence reduction credits (4) how many people are enrolled in vocational training, and how many of those are earning sentence reduction credits (5) how many people are working in a community based job, community based vocational program, or community based educational program and (6) how many people have at least eight hours out of cell daily as defined by this section.
SECTION 2. Section 48 of Chapter 127, as appearing in the 2020 Official Edition, is hereby amended by striking the second paragraph and inserting in place thereof the following:- The commissioner shall ensure that each facility provide educational programs that earn high school credit toward graduation, vocational classes, and high school equivalency classes and certificate programming to all persons who are committed to the custody of the department or to a county correctional facility who have not obtained a high school degree or equivalency. These educational programs shall be provided regardless of classification or disciplinary status. The commissioner shall ensure that each facility provide community college or four year college programming for all students who have already received a high school diploma or equivalency and who express interest in higher education. In addition to each such facility providing at least one general high school equivalency (GED) class, each facility shall also include specialized, age-appropriate educational classes for emerging adults, including all individuals ages 18 thru 25, for both individuals who have and have not obtained a high school degree or equivalency, including but not limited to: (1) classes that earn credit toward high school graduation; (2) special education classes and supports in line with the educational goals identified in students’ individualized educational programs, (3) high school equivalency classes and testing opportunities; (4) vocational education classes, (5) college and workforce readiness classes; and (6) credit-bearing community college and college classes. All emerging adults shall have the opportunity to access at least 4 hours of educational programming daily at least five days a week.
SECTION 3. This legislation shall come into effect 120 days after passage.
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An Act relative to successful transition and re-entry to tomorrow for incarcerated persons
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H2326
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HD3682
| 193
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{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T22:58:47.26'}
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[{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T22:58:47.26'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-17T15:11:43.9233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:32:41.69'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T16:44:12.7466667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-26T11:41:49.48'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:23:17.4433333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T10:40:53.5066667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-07-03T09:50:04.06'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-25T10:42:37.6833333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-14T13:46:24.29'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:16:48.75'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:21:54.0766667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:44:49.4766667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-07-20T15:03:11.65'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T14:21:49.2666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:20:16.68'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-05-08T13:51:12.8933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:28:18.9933333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-24T16:01:05.02'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:22:55.5833333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:04:28.12'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-25T13:56:01.2'}]
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Bill
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By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 2326) of Brandy Fluker Oakley and others relative to successful transitions and re-entries for incarcerated persons. Public Safety and Homeland Security.
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Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the end thereof the following new section: -
Section 170.
(a) As used in this section the following words shall have the following meanings:
“Correctional facility”, any building, enclosure, space or structure used for the custody, control and rehabilitation of incarcerated persons and of such other persons as may be placed in custody therein in accordance with law.
“Family member”, a spouse, child, step child, adopted child, sibling, step sibling, adopted sibling, parent, step parent, adopted parent, foster parent, grandparent, grandchild, aunt, uncle, niece, nephew, or cousin.
“Incarcerated person”, a person convicted of a crime and committed under sentence to a correctional facility.
(b) The commissioner shall ensure that, not later than 120 days prior to the expected discharge date of an incarcerated person, or upon learning of an anticipated departure from incarceration within the next 120 days, the chief administrative officer of the correctional facility supervising such incarcerated person shall begin the process for securing from the Registry of Motor Vehicles, on behalf of the incarcerated person, an identification card by: (i) requesting the necessary documents from personal sources, organizations, or government agencies that may hold such documents and (ii) filing waivers of indigency if the standards are met under section 29 of chapter 261 to waive document fees. If the chief administrative officer can secure the requisite documentation for a REAL-ID compliant identification card or license through the standard process to request necessary documents as determined by the regulations promulgated under this section, then the chief administrative officer shall make reasonable efforts to secure the requisite documentation and file an application to provide the incarcerated person with a REAL ID-compliant identification card or license. If the chief administrative officer has made reasonable efforts and exhausted all requests for necessary documents for a REAL-ID compliant identification card or license, but has been unable to secure sufficient documentation, then the chief administrative officer shall secure the requisite documentation necessary and file an application to provide an incarcerated person with a Massachusetts identification card or license.
(c) Notwithstanding sections 8 and 8E of chapter 90 or regulations promulgated by the Registry of Motor Vehicles, if an incarcerated person attests that they do not have a permanent address that would fulfill residence requirements indicated by the Registry of Motor Vehicles, the following addresses shall be accepted for the sole purpose of issuing a REAL-ID compliant or Massachusetts identification card or license: (i) the residence of an adult family member; (ii) a temporary group residence where the incarcerated person intends to reside, such as a homeless shelter, a halfway house, or a similar residence; (iii) a place of worship, community center, non-profit organization, or a similar institution that provides the incarcerated person services; or (iv) the address of the city or town hall in the municipality in which the incarcerated person intends to reside upon discharge. If an incarcerated person chooses to provide an address from clauses (i), (ii) or (iii), notice shall be sent to the owner and tenant of such residence or property within 7 days, including an option to object to the listing of the address on the incarcerated person’s proposed identification card or license. If the owner or tenant of such residence objects within 14 days or prior to the filing of an incarcerated person’s application for an identification card or license, then the incarcerated person shall be provided with the option to select or provide an alternative address in accordance with clause (iv). If an alternative address other than an individual’s address of principal residence is provided in accordance with this paragraph but not in full compliance with federal REAL-ID regulations, then such individual shall be issued a Massachusetts identification card or license. Upon securing permanent residence, an incarcerated person who received an identification card or license under this section shall provide the Registry of Motor Vehicles with an updated address, and act in accordance with all other applicable laws and regulations for a resident of the commonwealth reporting a change of address. A municipality with a city or town hall that is listed as an address under clause (iv) shall not be liable or responsible for routing an individual’s correspondence or possessions.
(d) The Registry of Motor Vehicles shall accept a valid inmate identification card issued by a Massachusetts correctional facility in accordance with chapter 127 section 23 as an acceptable identification document for purposes of proof of Massachusetts residency when issuing a Massachusetts identification card or license under sections 8 and 8E of chapter 90.
(e) An incarcerated person may affirmatively choose not to receive an identification card or license. Such decision must be noted in a written and signed form, including the reason for the incarcerated person’s choice. Annually, on the first of January, the commissioner shall report to the legislature the number of incarcerated persons who chose not to receive an identification card or license and the listed reasons for that choice.
(f) The administrative officer shall aid the incarcerated person in submitting an affidavit of indigency to the Registry of Motor Vehicles in accordance with section 29 of chapter 261, and the Registry of Motor Vehicles shall provide the chosen identification card or license at no cost to the incarcerated person. The administrative officer shall not delay further efforts to secure an identification card or license while waiting for the Registry of Motor Vehicles to approve the affidavit of indigency. If an incarcerated person does not qualify for indigency under section 29 of chapter 261, then the administrative officer shall provide the incarcerated person with the option to pay the fees to secure the identification card or license through funds that the incarcerated person may have in their personal canteen account. A correctional facility may devote funds from its budget to subsidize or fully cover the fees to provide incarcerated persons in their custody with an identification card or license. Neither the Registry of Motor Vehicles, nor a correctional facility, or its affiliates, shall charge fees to incarcerated persons in excess of the fees charged to the general public to receive a comparable identification card or license.
(g) Upon discharge from a state or county correctional facility, an incarcerated person who did not affirmatively choose to refuse an identification card or license shall be provided with their identification card or license.
(h) Nothing in this section shall be construed to extend the sentence of an incarcerated person, nor shall an incarcerated person be held solely for the purpose of fulfilling the requirements of this section.
(i) The Department of Corrections in consultation with the Registry of Motor Vehicles shall promulgate regulations for the implementation of this section within 90 days of enactment.
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An Act relative to health insurance and incarcerated individuals
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H2327
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HD3671
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T14:11:32.937'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T14:11:32.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2327/DocumentHistoryActions
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2327) of Paul K. Frost relative to incarcerated persons covered by health insurance plans. Public Safety and Homeland Security.
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SECTION 1. Chapter 127 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 17D the following new section:-
Section 17E. For any incarcerated individual covered by a health insurance plan, either through the individual or the individual’s family, the contracted health insurance carrier shall pay for all covered medical care under the health insurance plan. If the individual or the individual’s family cannot afford to pay for co-payments or deductibles under the health insurance plan, then the health insurance carrier may seek reimbursement from the department of corrections. Health insurance carriers shall waive any and all additional fees or costs associated with the use of a non-preferred medical provider for such services while the covered individual is incarcerated
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An Act relative to firearm licensing renewals during a state of emergency
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H2328
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HD3844
| 193
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{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T14:49:04.007'}
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[{'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-20T14:49:04.0066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2328/DocumentHistoryActions
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Bill
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By Representative Frost of Auburn, a petition (accompanied by bill, House, No. 2328) of Paul K. Frost relative to firearm licensing renewals during a state of emergency. Public Safety and Homeland Security.
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Section 1. During a pandemic or other state of emergency in which police departments are not processing applications for gun license renewals, expiring or expired licenses which occurs or occurred during the state of emergency will be valid until the renewal can be fully processed or denied by the police department. This provision shall not prevent the Chief of Police’s authority in taking a firearms license away should circumstances warrant as already appearing in the MGL.
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An Act providing for a study relative to the necessity of certain snow safety procedures
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H2329
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HD163
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:48:02.797'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:48:02.7966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2329/DocumentHistoryActions
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 2329) of William C. Galvin that the Executive Office of Public Safety and Security conduct a study evaluating the necessity and feasibility of implementing certain snow safety procedures relative to rooftop snowfall and fire hydrant accessibility. Public Safety and Homeland Security.
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The executive office of public safety and security shall conduct a study evaluating the necessity and feasibility of implementing certain snow safety procedures relative to rooftop snowfall. Said study shall include an assessment of the danger posed by heavy snowfall on building roofs and skylights, particularly as it relates to clearing snow off of rooftops, the need to address such danger, and the implementation costs and potential benefits associated with the placement of identification markers on the skylights of large buildings, which would be visible after a heavy snow storm.
The executive office of public safety and security shall submit a written report detailing the results of its study, including recommendations, with the clerks of the house of representatives and the senate within 180 days of the effective date of this act.
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An Act improving housing opportunities
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H233
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HD282
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T14:51:00.21'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-11T14:51:00.21'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-14T11:38:46.89'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-06-15T08:44:42.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H233/DocumentHistoryActions
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 233) of Angelo J. Puppolo, Jr., relative to zoning ordinances and by-laws and improving housing opportunities. Community Development and Small Businesses.
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SECTION 1. Section 9 of chapter 40A, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
Zoning ordinances or by-laws shall permit multifamily development by right in one or more zoning districts that together cover not less than 1.5% of the developable land area in a city or town and which, by virtue of its infrastructure, transportation access, existing underutilized facilities, and/or location, are suitable for multifamily residential development. Zoning ordinances or by-laws shall establish a housing density for by-right multifamily development in such zoning districts of not less than twenty (20) dwelling units per acre. As used herein, “multifamily housing” means apartment or condominium units in buildings which contain or will contain more than three (3) such units.
SECTION 2. Section 9 of chapter 40A, as so appearing, is hereby amended by striking out, in the fifth paragraph, the words “open space residential developments or”.
SECTION 3. Section 9 of chapter 40A, as so appearing, is hereby amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-
Notwithstanding any provision of this section to the contrary, zoning ordinances or by-laws shall provide that open space residential development shall be permitted by right in residential zoning districts at the density permitted in the zoning district in which the property is located upon review and approval by a planning board pursuant to the applicable provisions of sections 81K to 81GG, inclusive, of chapter 41 and in accordance with its rules and regulations governing subdivision control. Zoning ordinances and by-laws shall not require the submission of a plan showing a standard subdivision complying with the otherwise applicable requirements of the ordinance or by-laws as a condition precedent to the approval of an open space residential development plan.
SECTION 4. Section 81Q of chapter 41, as so appearing, is hereby amended by inserting after the second sentence the following sentence:-
Such rules shall not require the submission of a plan showing a standard subdivision complying with the requirements of the local zoning ordinance or by-laws as a condition precedent to the approval of a plan depicting an open space residential development pursuant to section 9 of chapter 40A.
SECTION 5. Section 3 of chapter 40A, as so appearing, is hereby amended by inserting after the tenth paragraph the following paragraph:-
Zoning ordinances and by-laws shall classify “accessory dwelling unit,” as defined herein, as a use permitted by right in all single-family residential zoning districts. No zoning ordinance or by-law shall unreasonably regulate the location, dimensions, or design of an accessory dwelling unit on a lot. As used herein, “accessory dwelling unit” is a self-contained housing unit incorporated within a single-family dwelling or detached accessory structure that is clearly subordinate to the single-family dwelling and complies with the use, dimensional, and design requirements of the local zoning ordinance or by-law.
SECTION 6. 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 7. The twelfth paragraph of Section 9 of chapter 40A, as so appearing, is hereby amended by deleting the words “a two-thirds vote of boards with more than five members, a vote of at least four members of a five member board, and a unanimous vote of a three member board” and inserting in place thereof the following words:-
the concurring vote of a majority of the members then in office.
SECTION 8. The fourth paragraph of Section 15 of chapter 40A, as so appearing, is hereby amended by deleting the words “all members of the board of appeals consisting of three members, and a concurring vote of four members of a board consisting of five members” and inserting in place thereof the following words:-
the concurring vote of a majority of the members of the board of appeals then in office.
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An Act requiring health care employers to develop and implement programs to prevent workplace violence
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H2330
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HD1835
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:51:36.797'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T18:51:36.7966667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-24T16:00:13.53'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-26T12:48:24.16'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-27T11:26:15.3566667'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T09:08:26.8433333'}, {'Id': 'MDB0', 'Name': 'Michael D. 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Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T15:53:30.3033333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T11:08:28.73'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T15:32:25.5866667'}, {'Id': 'CMG1', 'Name': 'Colleen M. 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Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:19:35.9433333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T12:59:02.3033333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-01T09:51:39.86'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:46:37.0466667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T14:20:47.8533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-31T21:06:06.43'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:06:10.05'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-02-09T10:43:44.42'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-31T10:12:57.4366667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T12:44:59.8066667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:21:06.61'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-03T10:22:32.1966667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-31T13:01:32.1933333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-16T12:04:11.7533333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-08T13:44:42.7633333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:09:47.3366667'}, {'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-02-02T08:56:14.39'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:46:16.4866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-05-08T15:33:10.7766667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-06-14T10:31:04.68'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:09:12.4133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T15:58:30.5533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-14T13:19:10.2066667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-17T09:49:23.8666667'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-10-06T11:13:56.4833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2330/DocumentHistoryActions
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 2330) of Denise C. Garlick and others relative to providing protections for health care employees who are victims of violence or assault and battery. Public Safety and Homeland Security.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 243. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Employee”, an individual employed by a health care employer.
“Health care employer”, any individual, partnership, association, corporation, trust or any person or group of persons operating a health care facility.
“Health care facility”, a hospital, licensed under section 51, the teaching hospital of the University of Massachusetts medical school, a medium-security state correctional facility for male inmates located in Plymouth county that is operated and maintained by a private company under contract with the department of correction, or any state acute care facility, non-acute care facility, continuing care facility and group homes operated, funded or subject to oversight by the department of public health, the department of mental health or the department of developmental services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v) mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii) hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii) outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided that, a facility with more than 1 license or that is licensed to provide multiple services, shall be considered a health care facility if the facility is licensed in at least 1 of the included categories.
“Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful touching of another person; (ii) an attempt or act to use some degree of physical force on another person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch without permission, use immediate physical force or injure a particular person now or in the future, that if carried out would constitute a crime, and causes another person to reasonably believe that the person has the intent and ability to carry out such conduct.
(b) Annually, each health care employer shall perform a facility specific risk assessment that includes, but is not limited to, the standards determined by the department. The facility specific risk assessment shall be done in cooperation with the employees of the health care employer and any labor organization or organizations representing the employees, examining all factors, which may put any of the employees at risk of workplace violence. The factors shall include, but not be limited to: (i) working in public settings; (ii) guarding or maintaining property or possessions; (iii) working in high-crime areas; (iv) working late night or early morning hours; (v) working alone or in small numbers; (vi) uncontrolled public access to the workplace; (vii) working in public areas where people are in crisis; (viii) working in areas where a patient or resident may exhibit violent behavior; (ix) working in areas with known security problems; and (x) working with insufficient qualified staff in 1 or more position titles to address foreseeable risk factors.
(c) Based on the findings of the risk assessment in subsection (b), the health care employer shall develop and implement a program to minimize the danger of workplace violence to employees, which shall include appropriate employee training, and a system for the ongoing reporting and monitoring of incidents and situations involving violence or the risk of violence. Employee training shall include, in addition to all employer training program policies, methods of reporting to appropriate public safety officials, bodies or agencies and processes necessary for the filing of criminal charges.
(d) Each health care employer shall develop a written violence prevention plan setting forth the employer’s workplace violence prevention plan. The health care employer shall make the plan available to each employee and provide the plan to any of its employees upon request. The health care employer shall provide the plan to any labor organization or organizations representing any of its employees. The plan shall include: (i) a list of those factors and circumstances that may pose a danger to employees; (ii) a description of the methods that the health care employer will use to alleviate hazards associated with each factor; including, but not limited to, employee training and any appropriate changes in job design, staffing, security, equipment or facilities; (iii) a post-incident debriefing process with affected staff; and (iv) a description of the reporting and monitoring system.
(e) Each health care employer shall designate a senior manager responsible for the development and support of an in-house crisis response team for employee-victims of workplace violence. Said team shall implement an assaulted staff action program that includes, but is not limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups, employee victims’ family crisis intervention, peer-help and professional referrals.
(f) Any health care employer who violates any rule, regulation or requirement made by the department under authority hereof shall be punished by a fine of not more than $2,000 for each offense. The department or its representative or any aggrieved employee, any interested party or any officer of any labor union or association, whether incorporated or otherwise, may file a written complaint with the district court in the jurisdiction of which the violation occurs and shall promptly notify the attorney general in writing of such complaint. The attorney general, upon determination that there is a violation of any workplace standard relative to the protection of the occupational health and safety of employees or of any standard of requirement of licensure, may order any work site to be closed by way of the issuance of a cease and desist order enforceable in the appropriate courts of the commonwealth.
(g) No employee shall be penalized by a health care employer in any way as a result of such employee’s filing of a complaint or otherwise providing notice to the department in regard to the occupational health and safety of such employee or their fellow employees exposed to workplace violence risk factors.
(h) Not less than every 180 days, each health care employer shall submit a report, on a form prescribed by the commissioner of the department, of all incidents of workplace violence reported to the health care employer that occurred at the health care facility on an employee, an emergency medical technician, an ambulance operator or an ambulance attendant. The report shall be submitted to the department and the office of the district attorney for the county where the health care facility is located. Not more than 90 days after receiving the reports, the department shall make the aggregate data statewide and by county publicly available; provided that the department categorize the aggregate data by occupation and incident type.
SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after section 52E the following section:-
Section 52F. (a) For purposes of this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-
“Employee”, an individual employed by a health care employer.
“Health care employer”, any individual, partnership, association, corporation or, trust or any person or group of persons operating a health care facility.
“Health care facility”, a hospital, licensed under section 51, the teaching hospital of the University of Massachusetts medical school, a medium-security state correctional facility for male inmates located in Plymouth county that is operated and maintained by a private company under contract with the department of correction, or any state acute care facility, non-acute care facility, continuing care facility and group homes operated, funded or subject to oversight by the department of public health, the department of mental health or the department of developmental services except a: (i) nursing home; (ii) rest home; (iii) clinic; (iv) mobile or portable clinic; (v) mobile or portable clinic satellite; (vi) certified home health agency; (vii) adult day health; (viii) hospice; (ix) hospice inpatient satellite; (x) ambulatory surgical center; (xi) renal dialysis; (xii) outpatient physical therapy and speech pathology; and (xiii) temporary nursing agency; provided that, a facility with more than 1 license or that is licensed to provide multiple services, shall be considered a health care facility if the facility is licensed in at least 1 of the included categories.
(b) A health care employer shall permit an employee to take up to 7 days of leave from work in any 12 month period if: (i) the employee is a victim of an assault or assault and battery which occurred in the line of duty and (ii) the employee uses the leave to seek or obtain victim services or legal assistance; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or to address other legal issues directly related to the assault or assault and battery.
(c) The leave taken pursuant to subsection (b) shall be paid.
(d) A health care employer may require an employee to provide documentation evidencing that the employee is a victim of assault or assault and battery sustained in the line of duty and that the leave taken is consistent with the conditions of subsection (b). An employee shall provide such documentation to the health care employer within 5 business days after the health care employer requests documentation relative to the employee’s absence.
(e) An employee seeking leave from work pursuant to subsection (b) shall provide advance notice of the leave to the employer in accordance with the employer's leave policy; provided, however, that if an employee is absent on an unauthorized basis, the health care employer shall not take any negative action against the employee if the employee, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides documentation that the unauthorized absence meets the criteria of subsection (b).
(f) All information related to the employee's leave taken pursuant to this section shall be kept confidential by the health care employer and shall not be disclosed, except to the extent that disclosure is: (i) requested or consented to, in writing, by the employee; (ii) ordered to be released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or (v) necessary to protect the safety of the employee or others employed at the workplace.
(g) No health care employer shall require an employee to exhaust all annual leave, vacation leave, personal leave or sick leave available to the employee prior to requesting or taking leave under this section.
(h) No health care employer shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided by this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
(i) No health care employer shall discharge or in any other manner discriminate against an employee for exercising the employee’s rights under this section. An employee who takes leave under this section shall not lose any employment benefit accrued prior to the date on which the leave taken under this section commenced as a result of taking said leave. Upon the employee’s return from said leave, the employee shall be entitled to restoration to the employee’s original job or to an equivalent position.
(j) Each health care employer shall post in a conspicuous place within the health care facility a notice prepared or approved by the department indicating the rights and responsibilities provided by this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary language of at least 10,000 or ½ of one per cent of all residents of the commonwealth. The required workplace notice shall be in English and each language other than English which is the primary language of 5 or more employees or self-employed individuals of that workplace, if such notice is available from the department. Each health care employer shall notify each employee not more than 30 days from the beginning date of the employee’s employment, the rights and responsibilities provided by this section, including those related to notification requirements and confidentiality.
(k) This section shall not be construed to exempt an employer from complying with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights of any employee under said chapter 258B, said section 14B of chapter 268 or any other general or special law.
SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Any emergency medical technician, ambulance operator, ambulance attendant or a health care provider as defined in section 240 of chapter 111, who is the victim of assault or assault and battery at a health care facility, as such term is defined in said section 240, in the line of duty shall be given the option of providing the address of the health care facility where the assault or assault and battery occurred or of the labor organization in which they are a member in good standing. In instances where the address of the health care facility is used or labor organization to which the employee is a member in good standing, the health care facility or labor organization shall ensure that the individual receives any documents pertaining to the assault or assault and battery within 24 hours of receipt by the health care facility or labor organization. The health care facility or labor organization shall demonstrate that it has provided any and all documentation by obtaining a signature from the individual acknowledging receipt.
SECTION 4. The commissioner of public health shall adopt rules and regulations within 180 days of enactment of this act necessary to implement and enforce the purposes of section 240 of chapter 111 of the General Laws.
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An Act to establish a window falls prevention program within the Department of Public Health and mandate window guards in residential homes AKA "Zella Ray's Law"
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H2331
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HD1355
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:57:33.227'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:57:33.2266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T10:25:10.4466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2331/DocumentHistoryActions
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2331) of Colleen M. Garry and Carol A. Doherty relative to window guards in residential homes. Public Safety and Homeland Security.
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Section 237: Duty of residential premises owners; Window Falls Prevention Program
(a) Definitions:
(1) The term “Department” means the Department of Public Health.
(2) The term “Window guard” means a bar, screen, or grille assembly installed in a window for the purpose of preventing a child from accidently falling out of the window, in accordance with the regulations promulgated by the Department.
(b) Whenever a child under six years of age resides in any premises in which any window accessible to the child is on the third floor or higher floor, the owner shall install window guards in any such windows. If any such windows are an access to fire escape routes or structures, the window guard shall be removable. At no time shall the window guards be removed for any reason except emergency egress in times of a fire or other situation involving hazardous materials
(c) If the owner is a landlord, the window guards shall be provided at no additional cost to the tenant. The tenant shall not remove the window guards for any reason except emergency egress in times of a fire or other situation involving hazardous materials. The obligation of a landlord to install window guards under this section shall not affect the ability of a renter to lease the unit; and any discrimination by the landlord in this regard shall be punishable by a fine of not less than $500 but not more than $1000.
(d) There shall be a Window Falls Prevention Program established within the Department of Public Health. The purpose of said program shall be as follows:
Educating the public about the danger to children, age six (6) years and under, of falling from windows; and the importance of installing window guards in all dwellings occupied by children age six (6) and under. The Program shall conduct education and outreach efforts promoting awareness about the dangers to children, age six (6) years and under falling from open or otherwise unprotected windows. Information and technical assistance shall be made available to the public on the steps and devices that may mitigate this serious problem. The Program shall work with any and all existing agencies and departments involved with children in its outreach efforts.
(e) No occupant or any other person, shall obstruct or interfere with the installation of window guards, nor shall any person remove or otherwise render ineffective window guards.
(f) The Department shall, within a reasonable period of time, investigate complaints filed with regard to a violation under this section, and may impose up to a $10,000 civil penalty for a violation not remedied within ten business days.
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An Act relative to electronic defensive devices
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H2332
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HD1367
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:46:32.13'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T14:46:32.13'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2332) of Colleen M. Garry relative to the defensive use of certain electronic devices. Public Safety and Homeland Security.
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SECTION 1. Section 4 of Chapter 123 of the Acts of 2018 is hereby repealed.
SECTION 2. The following definition of Chapter 123 of the Acts of 2018 is hereby repealed.
“Stun gun”, a portable device or weapon, regardless of whether it passes an electrical shock by means of a dart or projectile via a wire lead, from which an electrical current, impulse, wave or beam that is designed to incapacitate temporarily, injure or kill may be directed.
SECTION 3. Section 8 of Chapter 123 of the Acts of 2018 is hereby repealed.
SECTION 4. Section 13 of Chapter 123 of the Acts of 2018 is hereby repealed.
SECTION 5. Section 14 of Chapter 123 of the Acts of 2018 is hereby repealed.
SECTION 6. Section 131J of Chapter 140 is hereby deleted in its entirety and replaced with the following:
(a) For the purposes of this section the following terms shall have the following meanings:
“Electronic Dart Gun” shall mean any electrical defensive device designed primarily to momentarily stun, or temporarily immobilize, a person by passing an electrical shock to such person by means of a dart or projectile via a wire lead; commonly referred to as a TASER.
“Electronic Stun Gun” shall mean any electrical handheld defensive device designed primarily to momentarily stun, or temporarily immobilize a person, by passing an electrical shock to such person. Such device is designed to make direct contact in order to deploy a shock.
“Prohibited Person” shall mean a person who:
(i) in a court of the commonwealth, has been convicted or adjudicated a youthful offender or delinquent child as defined in section 52 of chapter 119 for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of a law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (E) a violation of a law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C; provided, however, that except for the commission of a violent crime or a crime involving the trafficking of controlled substances, if the person has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5 or more years immediately preceding the purchase or possession, that person may purchase or possess an electronic dart gun or electronic stun gun;
(ii) in another state or federal jurisdiction, has been convicted or adjudicated a youthful offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of a law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (E) a violation of a law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C; provided, however, that, except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances, if the person has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5 or more years immediately preceding the purchase or possession and that applicant's right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudication was entered, then that person may purchase or possess an electronic dart gun or electronic stun gun;
(iii) has been committed to any hospital or institution for mental illness unless the person obtains, prior to purchase or possession, an affidavit of a licensed physician or clinical psychologist attesting that such physician or psychologist is familiar with the applicant's mental illness and that in the physician's or psychologist's opinion the applicant is not disabled by such an illness in a manner that shall prevent the applicant from possessing an electronic dart gun or electronic stun gun;
(iv) is or has been in recovery from or committed based upon a finding that the person is a person with an alcohol use disorder or a substance use disorder or both unless a licensed physician or clinical psychologist deems such person to be in recovery from such condition, in which case, such person may purchase or possess an electronic dart gun or electronic stun gun after 5 years from the date of such confinement or recovery; provided, however, that prior to such purchase or possession of an electronic dart gun or electronic stun gun, the applicant shall submit an affidavit issued by a licensed physician or clinical psychologist attesting that such physician or psychologist knows the person's history of treatment and that in that physician's or psychologist's opinion the applicant is in recovery;
(v) is an alien who does not maintain lawful permanent residency or is an alien not residing under a visa pursuant to 8 U.S.C ? 1101(a)(15)(U), or is an alien not residing under a visa pursuant to 8 U.S.C. 1154(a)(1)(B)(ii)(I) or is an alien not residing under a visa pursuant to 8 U.S.C. 1101(a)(15)(T)(i)(I)?(IV);
(vi) is currently subject to: (1) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or section 7 of chapter 258E; or (2) a permanent or temporary protection order issued pursuant to chapter 209A or section 7 of chapter 258E; or
(vii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
(b) It shall be lawful for any person aged 21 years or older, who is not a prohibited person, to possess, purchase, carry, transfer, or otherwise utilize for defensive purposes an electronic dart gun as defined in this section.
(c) It shall be lawful for any person aged 18 years or older, who is not a prohibited person, to possess, purchase, carry, transfer, or otherwise utilize for defensive purposes an electronic stun gun as defined in this section. No special permit, license or other conditions shall be required.
(d) Whoever purchases or possesses an electronic dart gun or electronic stun gun in violation of this section shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 2 years or both such fine and imprisonment.
(e) Whoever, not being licensed as provided in section 122B, sells an electronic dart gun or electronic stun gun shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 2 years.
(f) Whoever sells an electronic dart gun or electronic stun gun to a person younger than 18 years of age shall be punished by a fine of not more than $300.
(g) The following shall be exempt from this section (1) a federal, state or municipal law enforcement officer, or member of a special reaction team in a state prison or designated special operations or tactical team in a county correctional facility, acting in the discharge of his official duties who has completed a training course approved by the secretary of public safety in the use of such a devise or weapon designed to incapacitate temporarily; or (2) a supplier of such devices or weapons designed to incapacitate temporarily, if possession of the device or weapon is necessary to the supply or sale of the device or weapon within the scope of such sale or supply enterprise. A device or weapon sold under this paragraph shall include a mechanism for tracking the number of times the device or weapon has been fired. The secretary of public safety shall adopt regulations governing law enforcement training on the appropriate use of devices or weapons issued under this paragraph.
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An Act to establish the Massachusetts incarcerated individual bone marrow and organ donation program
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H2333
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HD3822
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T11:57:02.297'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T11:57:02.2966667'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-01-20T14:41:18.18'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:16:32.66'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:36:48.0533333'}]
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{'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-01-20T14:36:14.563'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2333/DocumentHistoryActions
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Bill
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By Representatives González of Springfield and Garcia of Chelsea, a petition (accompanied by bill, House, No. 2333) of Carlos González, Judith A. Garcia and others for legislation to establish an incarcerated individual bone marrow and organ donation program within the Department of Correction. Public Safety and Homeland Security.
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SECTION 1. Chapter 127 of the General Laws is hereby amended by adding the following text after the word “petition”:-
Section 170. (a) The Commissioner of the Department of Corrections shall establish a Bone Marrow and Organ Donation Program within the Department of Correction and a Bone Marrow and Organ Donation Committee. The Bone Marrow and Organ Donation Program shall allow eligible incarcerated individuals to gain not less than 60 and not more than 365 day reduction in the length of their committed sentence in Department of Corrections facilities, or House of Correction facilities if they are serving a Department of Correction sentence in a House of Corrections facility, on the condition that the incarcerated individual has donated bone marrow or organ(s).
(b) The Bone Marrow and Organ Donation Committee shall consist of five members: The Commissioner of the Department of Correction or their designee who will act as chair of the committee; the Medical Director of the Department of Corrections or their designee; a Bone Marrow and Organ Donation Specialist from a hospital within the Commonwealth or their designee; a representative of an organization advocating for bone marrow donations within the Commonwealth or their designee; and two appointments shall be made by the Governor to serve three-year terms and one of whom shall be a board member of an advocacy group advocating for the rights of incarcerated individuals, and one of whom shall be from the Massachusetts District Attorney’s Association. The Bone Marrow and Organ Donation Committee shall be responsible for the effective implementation and ongoing administration of the incarcerated individual Bone Marrow and Organ Donation program. The Bone Marrow and Organ Donation Committee shall also be responsible for promulgating standards of eligibility for incarcerated individuals to participate and the amount of bone marrow and organ(s) donated to earn one’s sentence to be commuted. Annual reports including actual amounts of bone marrow and organ(s) donated, and the estimated life-savings associated with said donations, are to be filed with the Executive and Legislative branches of the Commonwealth. All costs associated with the Bone Marrow and Organ Donation Program will be done by the benefiting institutions of the program and their affiliates-not by the Department of Correction. There shall be no commissions or monetary payments to be made to the Department of Correction for bone marrow donated by incarcerated individuals.
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An Act relative to tracking, tracing and stopping illegal firearms
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H2334
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HD2935
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T14:27:19.313'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T14:27:19.3133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-21T14:08:22.5933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-27T09:44:45.3833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:52:27.6966667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:35:11.91'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 2334) of Carlos González, Bud L. Williams and Jason M. Lewis relative to tracking, tracing and stopping illegal firearms. Public Safety and Homeland Security.
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SECTION 1. Chapter 140 of the General Laws is hereby amended by inserting after 131Q the following section: -
Section 131Q 1/2. There shall be an illegal firearm tracking and tracing task force, which shall consist of 9 members to serve staggered 3 year terms each. 1 member shall be appointment by the Governor, 2 members shall be appointment by the Massachusetts Black and Latino Caucus, 1 member shall be appointed by the Speaker of the House, 1 member shall be appointed by the Senate President, and 3 of those 9 members shall come from a “gateway municipality,” pursuant to Section 3A of Chapter 23A of the General Laws.
The purpose of the task force shall be to determine where in the Commonwealth illegal firearms are prevalent, where the illegal firearms are coming from and where the illegal firearms have the most impact on crimes of violence and suicides. The task force shall make annual report and recommendations to be submitted to the Chairs of the Joint Committee on Public Safety and Homeland Security, the Speaker of the House, the Senate President, and the Attorney General to be considered in their efforts to build policy and legislation to address firearm violence by the end of each fiscal year. The task force shall operate within the Department of Public Safety and Inspections.
SECTION 2. Section 123 of chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the figure “131A”, in line 567, the following words:- ; provided further, that no person licensed under the provisions of said section 122 shall sell or transfer firearms, rifles, shotguns, or machine guns at any regular meeting of an incorporated collectors club or at a gun show that does not have a unique serial number or other mark of identification engraved or permanently affixed to the firearm in a manner that conforms with the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. section 923(i), as amended from time to time, and any regulation adopted thereunder; provided further, that no person licensed under the provisions of said section 122 shall create using a 3D printer any component parts of a firearm to be sold, traded or transferred at a incorporated collectors club or at a gun show; provided further, that no person licensed under the provisions of said section 122 shall sell or transfer at any regular meeting of an incorporated collectors club or at a gun show component parts of a firearm to construct a firearm or plans to manufacture of fabricate a firearm.
SECTION 3. Said section 123 of said chapter 140, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
No person organizing a regular meeting of an incorporated collectors club or a gun show shall permit a person to enter the meeting or gun show without verifying that the person possesses a firearm identification card pursuant to section 129B of chapter 140 or a license to carry firearms pursuant to section 131 of said chapter 140. Whoever permits a person without a firearm identification card or license to carry firearms to enter the meeting or gun show shall be punished by a fine of not more than $1,000.
No person shall attend a regular meeting of an incorporated collectors club or a gun show that has not been issued a firearm identification card pursuant to section 129B of chapter 140 or a license to carry firearms pursuant to section 131 of said chapter 140. Whoever attends a meeting or gun show without a firearm identification card or license to carry firearms shall be punished by a fine of not more than $300.
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An Act to reduce recidivism through evidence-based programs
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H2335
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HD2941
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T14:29:29.987'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-17T14:29:29.9866667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:18:26.3'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:36:02.84'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:37:32.1766667'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 2335) of Carlos González and others for legislation to reduce recidivism through evidence-based programs. Public Safety and Homeland Security.
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SECTION 1. Chapter 27 of the General Laws is hereby amended by adding the following section:-
Section 8. There shall be established in the department of correction an office of recidivism reduction research. The office shall evaluate the effects that prison programs, including, but not limited to, work, education and recovery programs, have on reducing recidivism in the commonwealth and the cost such programs save through recidivism reduction. The office shall make recommendations to the commissioner of the department of correction as to how such programs may be improved and expanded across the correctional system, in particular how to expand program engagement strategy and cognitive behavioral therapy programs to correctional facilities across the commonwealth.
SECTION 2. Chapter 127 of the General Laws is hereby amended by adding the following section:-
Section 170. Every medium and maximum security correctional facility in the commonwealth shall establish a program engagement strategy, or PES, which shall utilize incentives and consequences in an effort to increase prisoner participation in prison programs and decrease program refusal or termination. The programs eligible for inclusion in PES may include, but shall not be limited to, any educational, work-related, substance abuse, recovery, treatment, self-improvement, violence or recidivism reduction, reentry, reintegration, and behavioral management programs; provided, that cognitive behavioral therapy modeled programs shall be eligible for PES inclusion.
Incentives to increase program participation may include, but shall not be limited to, good time sentence reductions and reduced prisoner classification rating. Consequences for refusing to participate in or termination from a program may include, but not be limited to, loss of preferred housing, work assignment, seniority or program placement. The department of correction may promulgate rules and regulations as necessary to implement this section.
SECTION 3. Every medium and maximum security correctional facility shall offer at least 1 program engagement strategy eligible cognitive behavioral therapy modeled program pursuant to section 170 of chapter 127 of the General Laws by January 1, 2025.
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An Act relative to the expansion of the state DNA database
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H2336
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HD835
| 193
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{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:48:59.657'}
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[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:48:59.6566667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-09T12:46:20.43'}]
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Bill
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By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 2336) of Danielle W. Gregoire and Carole A. Fiola relative to the expansion of the state DNA database. Public Safety and Homeland Security.
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SECTION 1. Section 3 of chapter 22E of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking the text thereof, and inserting in place thereof following: -
“Any person who is arrested by virtue of process, or is taken into custody by an officer and charged with the commission of a felony, and who upon arrest has been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal Procedure, shall submit a DNA sample to the department. The sample shall be collected by a person authorized under section 4 of this chapter subsequent to arraignment, in accordance with regulations or procedures established by the director. The results of such sample shall be made part of the state DNA database.
Section 2. Section 12 of chapter 22E of the General Laws, as appearing in the 2004 official edition, is hereby amended in line 6 by striking out the words “$1,000” and inserting in its place thereof the following words:- $2,000. Said section is further amended in line 7 by striking out the words “six months” and inserting in place thereof the following words: - one year.
Section 3. Section 13 of chapter 22E of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking in line 4 the words “$1,000” and inserting in its place thereof the following words:- $2,000. Said section is further amended in line 5 by striking out the words “six months” and inserting in place thereof the following words: - one year.
Section 4 . Section 15 of chapter 22E of the General Laws, as appearing in the 2004 official edition, is hereby amended in line 3 by adding after the word “expunged” the following:-
“ if the original offense upon which the collection of DNA is based does not result in a conviction; or”
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An Act relative to the use of hoisting equipment in Chapter 74 vocational technical education
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H2337
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HD1595
| 193
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{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T16:09:55.403'}
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[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-18T16:09:55.4033333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-04-15T07:19:54.9166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-09-08T12:25:39.8466667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-06-12T19:35:20.54'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-01T10:50:20.39'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-27T10:08:21.1266667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-22T12:15:04.0066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:25:14.2333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-10-02T14:25:45.74'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-07-14T12:44:41.4633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-09-11T21:55:58.3733333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T07:49:31.0433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-04-12T16:18:02.69'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-13T12:37:08.2266667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-13T13:09:08.4566667'}]
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Bill
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By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 2337) of Patricia A. Haddad and others relative to the use of hoisting equipment in vocational technical education. Public Safety and Homeland Security.
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Section 53 of Chapter 146 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding a new subsection (h):
(h) Any public high school that operates hoisting equipment as part of a vocational technical education program approved under chapter 74, shall be exempt from this section if the school has met the requirements of clauses (i) and (ii) of subsection (e) and the supervising instructor is on site at all times of operation and holds a license issued by the division of occupational licensure under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation.
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An Act to ensure pay parity for county sheriffs' correction officers and jail officers
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H2338
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HD489
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T12:13:51.67'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T12:13:51.67'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-13T12:13:51.9366667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-30T15:31:19.9566667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-14T15:48:51.5466667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-06T15:39:26.8033333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:00:13.8266667'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-02-03T12:09:52.95'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T14:14:47.2833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:31:49.1433333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:16:13.69'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T16:50:29.6566667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:00:53.02'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-28T14:52:22.5166667'}]
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{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-13T12:13:51.67'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2338/DocumentHistoryActions
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Bill
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By Representatives Hawkins of Attleboro and Berthiaume of Spencer, a petition (accompanied by bill, House, No. 2338) of James K. Hawkins, Donald R. Berthiaume, Jr., and others relative to benefits for county sheriffs' correction officers and jail officers. Public Safety and Homeland Security.
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Part 1 ADMINISTRATION OF THE GOVERNMENT
Title VI COUNTIES AND COUNTY OFFICERS
SECTION 17. Chapter 37 of the General Laws is hereby amended by inserting after existing text in Section 17 the following:
Notwithstanding any general or special law to the contrary, The Correction Officers and Jail Officers working in the fourteen (14) County Sheriffs' Offices throughout the Commonwealth of Massachusetts shall re‐titled Correction Officer I, II and III or Jail Officer I, II, and III, and be paid base salaries according to the corresponding salary Grade in State Bargaining Unit 4 covering the Department of Correction job titles of Correction Officer I, II, or III. County Sheriffs’ Office, Correction Officers and Jail Officers shall be slotted into such Unit 4 titles according to where the core duties and responsibilities of such Correction Officers and Jail Officers within the County Sheriffs’ Offices most closely approximate the core duties and responsibilities of the corresponding Department of Correction CO I, II, and III titles. The foregoing compensation adjustment shall be structured so that the salary rates for Sheriffs' Office Correction Officer I, II, III and Jail Officer I, II, III equalize with the general Department of Corrections base salary rates in through equal annual increments over the three fiscal years after next following the passage of this legislation by the General Court and its enactment by the Governor. Upon the enactment of this legislation, County Sheriffs will not be required to bargain under G. L. Chapter 150E with public employee organizations representing County Sheriffs Correction Officers I, II and III or Jail Officers I, II and III over base salary rates for such Officers covering the three fiscal year period in which such Officers are receiving salary rates pursuant to this legislation, but shall otherwise remain obligated to comply with collective bargaining agreements, if any, covering such Officers and, in all other respects, except as otherwise provided herein, shall remain obligated to comply with their obligations under Chapter 150E with respect to such Officers and the public employee labor organizations representing such Officers during such three fiscal year period. Following the three fiscal year period covered by this legislation, Chapter 150E shall once again fully apply to County Sheriffs as it relates to Correction Officers I, II, and III and Jail Officers I, II and III in all respects, including but not limited to the negotiation of base salary rates with public employee organizations representing them.
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An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment
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H2339
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HD1201
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-18T11:32:12.853'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-18T11:32:12.8533333'}, {'Id': None, 'Name': 'Paul Jacques, Professional Fire Fighters of Massachusetts', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T11:32:12.8833333'}, {'Id': None, 'Name': 'Craig Hardy, Professional Fire Fighters of Massachusetts', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T11:32:12.9166667'}, {'Id': None, 'Name': 'Rich MacKinnon, Professional Fire Fighters of Massachusetts', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T11:32:12.9466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-27T09:13:43.64'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-27T09:13:43.64'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:13:43.64'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-27T10:42:09.2133333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-02T17:41:15.0866667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:39:56.44'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-30T11:35:14.02'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:38:07.3033333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-27T12:50:43.7033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T15:13:13.3633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:59:53.15'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-02T10:01:38.1166667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T14:20:50.7033333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T08:55:14.3'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-31T15:37:41.3066667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T14:03:31.7233333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:34:10.3533333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T18:15:19.5666667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-30T11:28:15.12'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-14T07:52:37.9933333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T15:38:50.6833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T11:11:56.6733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-10-12T09:49:58.45'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T23:21:26.1533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T11:20:33.9133333'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-07-17T14:33:46.4966667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:11:44.6633333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-09T14:18:22.5133333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:37:55.76'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:09:01.7266667'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-09-13T14:08:40.89'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:14:31.05'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-09-22T09:12:14.8766667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-06-07T12:07:32.2266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:08:07.8133333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-28T15:01:17.4233333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:10:50.1566667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-08T06:37:26.0066667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T20:11:53.97'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-07-24T15:39:14.0333333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-10-05T11:40:55.72'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2339/DocumentHistoryActions
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Bill
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By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2339) of James K. Hawkins and others relative to the reduction of certain toxic chemicals in firefighter personal protective equipment. Public Safety and Homeland Security.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 237. (a) The following terms shall have the following meanings unless the context clearly requires otherwise:-
“Firefighting personal protective equipment” means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.
“Local governments” includes any county, city, town, fire district, regional fire protection authority, or special purpose district that provides firefighting services.
“Manufacturer” includes any person, firm, association, partnership, corporation, organization, joint venue, importer, or domestic distributor of firefighting agents or firefighting equipment. For the purposes of this definition, “importer” means the owner of the product.
“Perfluoroalkyl and polyfluoraolkyl substances” or “PFAS chemicals” mean, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) A manufacturer or other person that sells firefighting personal protective equipment containing PFAS chemicals to any person, local government, or state agency shall provide written notice to the purchaser at the time of sale which shall state: (i) that the firefighting personal protective equipment contains PFAS chemicals; and (ii) the reason PFAS chemicals are added to the equipment.
The manufacturer or other person selling firefighting personal protective equipment and the purchaser of the equipment shall retain a copy of the notice required pursuant to this subsection on file for at least 3 years from the date of the purchase. Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days of such request.
SECTION 2. Section 237 of chapter 111 of the General Laws, as added by section 1, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency shall not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal protective equipment containing intentionally added PFAS chemicals.
SECTION 3. Section 1 shall take effect on January 1, 2025.
SECTION 4. Section 2 shall take effect on January 1, 2027.
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An Act encouraging the growth of small businesses
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H234
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HD167
| 193
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{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T13:46:23.03'}
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[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-10T13:46:23.03'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-15T12:33:30.83'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T15:11:40.1333333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-08T19:37:07.1233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H234/DocumentHistoryActions
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Bill
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By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 234) of Adam Scanlon, Bud L. Williams and Colleen M. Garry relative to bona fide business entities and encouraging the growth of small businesses. Community Development and Small Businesses.
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Section 1. The Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Chapter 93L the following new chapter:
Chapter 93M, Bona Fide Business Entities
Section 1. A business entity that provides services under a written contract is not an employee for the purposes of Title IX, Taxation, and Title XXI, Labor and Industries, provided that the business entity is bona fide. A business entity will be deemed to be bona fide if it is shown that:
(a) The business entity is registered as such with the Secretary of the Commonwealth and is in good standing;
(b) The business entity includes the compensation it receives for the services it renders on federal and applicable state tax schedules as income from an independent business or profession;
(c) The business entity reports the compensation paid to its employees, if any, to the Internal Revenue Service and the Massachusetts Department of Revenue; and
(d) The business entity complies with federal and state tax, unemployment insurance, workers’ compensation insurance, and labor and employment law obligations with respect to its employees.
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An Act relative to primary enforcement of seatbelt violations
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H2340
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HD1956
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-19T08:22:00.04'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-19T08:22:00.04'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2340/DocumentHistoryActions
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Bill
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By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2340) of James K. Hawkins relative to primary enforcement of seatbelt violations. Public Safety and Homeland Security.
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SECTION 1: Section 13A of Chapter 90 is hereby amended by striking from the second to last paragraph of this section the following language, "The provisions of this section shall be enforced by law enforcement agencies only when an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense."
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An Act relative to the transparency of electronic weapons and devices
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H2341
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HD87
| 193
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{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:19:10.843'}
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[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:19:10.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2341/DocumentHistoryActions
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Bill
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By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 2341) of Christopher Hendricks relative to electronic weapons and devices. Public Safety and Homeland Security.
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Section 131J of chapter 140, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:- If a stun gun is discharged by a law enforcement or public safety official, the data relative to the discharge, including time and duration of discharge, serial number of the stun gun used and the identity of the official responsible for the discharge, shall be reported within 24 hours to the commanding officer of the official and the attorney general. A contractor whose business consists of collecting stun gun data for the commonwealth, upon notice of discharge of a stun gun, shall report the time and duration of discharge and the serial number of the stun gun used to the attorney general within 24 hours.
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An Act relative to lawfully owed DNA
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H2342
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HD736
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:51:46.317'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:51:46.3166667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T11:52:06.6466667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T19:53:27.3333333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-24T13:20:57.27'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:54:09.6033333'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-24T17:26:16.2633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T19:25:16.0733333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:29:38.5633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:40:27.6133333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:56:59.5166667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:33:07.0766667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-06T18:57:10.4666667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-08T13:59:46.8833333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:05:13.02'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-17T09:48:01.67'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-17T09:48:01.67'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-17T09:48:01.67'}]
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T11:51:46.317'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2342/DocumentHistoryActions
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Bill
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By Representatives Higgins of Leominster and Jones of North Reading, a petition (accompanied by bill, House, No. 2342) of Natalie M. Higgins, Bradley H. Jones, Jr., and others that the crime laboratory within the Department of the State Police conduct an audit of offender DNA profiles included on the state DNA databank system. Public Safety and Homeland Security.
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SECTION 1. The crime laboratory within the department of the state police shall conduct an audit of offender DNA profiles included on the state DNA databank system in order to identify the number DNA profiles that are missing from the databank which should have been collected under section 3 of chapter 22E of the General Laws. The crime laboratory shall support this effort as necessary to comply with report deadlines.
The audit shall initiate with offender DNA samples that were required to be collected under section 3 of chapter 22E of the General Laws. The audit shall include those offenders who would have been covered under retroactive provisions of the law that require DNA samples from persons, regardless of conviction date, as the statute provides.
A preliminary report including the overall number of estimated owed DNA samples shall be reported to the legislature promptly upon completion of the initial audit, due to the significant risk to public safety of any failed collections. The preliminary report should be provided without delay, and no later than ninety days after enactment or December 15, 2023, whichever is soonest.
A final report to further include additional details on types of offenses for which DNA samples are owed, and an overview of where collection failures occurred shall be submitted no later than December 15, 2023. Thereafter, an annual audit shall be completed and reported to the Legislature no later than December 15 of each year.
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An Act relative to more accessible 911 disability indicator forms
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H2343
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HD737
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:53:35.677'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:53:35.6766667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T19:53:01.5633333'}]
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Bill
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By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2343) of Natalie M. Higgins and Mindy Domb that the State 911 Department publish on its website a statewide disability indicator form. Public Safety and Homeland Security.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 18D the following section:-
Section 18D½. (a) The department shall create, in consultation with organizations representing the mobility, hearing, speech and sight impaired communities, and publish on its website a statewide disability indicator form which a person may complete and submit to the department to notify primary and regional PSAP of certain disabilities. The disability indicator form shall be available to subscribers of a wireless carrier, a wireline carrier or a prepaid wireless telephone service. The disability indicator form shall be written in clear language that is comprehensible to a person proficient in English at the fifth grade level and accessible to persons with visual disabilities. In any place, where 5 per cent of citizens of the commonwealth speak a language other than English as determined by the most recent American Community Survey of the United States Census Bureau, the disability indicator form shall be translated into that language.
The disability indicator form shall include space for the person to identify any mental health needs, intellectual and developmental disabilities, complex medical needs or neurological impairments, including, but not limited to: (i) the person has equipment required to sustain the person’s life; (ii) the person is bedridden, a wheelchair user or has another mobility impairment; (iii) the person is legally blind; (iv) the person is deaf or hard of hearing; (v) communication via the phone may be by TTY; (vi) the person has a speech impairment; (vii) the person is cognitively impaired; (viii) the person has a service animal; (ix) the person requires translation services; or (x) any potential triggers for first responders to be aware of. The disability indicator form shall also include a space for a person to remove or change any disability indicators.
(b) The department, in consultation with organizations representing the mobility, hearing, speech and sight impaired communities, shall annually review the contents of the disability indicator form and amend the disability indicator form when needed, as determined by the department.
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An Act providing for greater police transparency
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H2344
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HD3242
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{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:13:22.81'}
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[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:13:22.81'}]
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Bill
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By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 2344) of Russell E. Holmes relative to police transparency. Public Safety and Homeland Security.
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SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following section:-
Section 76. (a) There shall be a permanent DJC task force that shall investigate, analyze and study the demographic statistics of all state, county, municipal and public departments, boards, commissions and agencies that receive funding by the commonwealth. The task force shall be authorized to perform audits on any state or county agency to ensure compliance with section 221 of chapter 6.
(b) The task force may receive requests to perform audits on departments, boards, commissions or agencies by employees of the department, board, commission or agency.
(c) The task force shall annually file a report with the governor and the clerks of the house of representatives and the senate detailing the results of any audits performed by the task force and any other information that the task force deems relevant.
SECTION 2. Section 116 of chapter 6 of the General Laws, as appearing in section 4 of chapter 253 of the acts of 2020, is hereby amended by adding the following paragraph:-
The committee shall ensure that committee-certified academies employ a staff that includes people of color and women, at least in such proportion as these groups exist in the commonwealth’s population as periodically determined by the state secretary as the commonwealth’s chief census officer.
SECTION 3. Chapter 6 of the General Laws is hereby amended by inserting after section 116 the following section:-
Section 116½. The committee shall ensure that training requirements are developed based on the most relevant scenarios that law enforcement officers in the commonwealth may encounter based on the most recently available criminal statistics and data from law enforcement agencies, as defined in section 1 of chapter 6E.
SECTION 4. Subsection (b) of section 116G of said chapter 6 of the General Laws, as amended by sections 18 to 22, inclusive, of said chapter 253 of the acts of 2020, is hereby amended by adding the following clause:-
(vi) implicit bias and inclusion training to better understand and work with members of the community that may have different demographic characteristics or backgrounds.
SECTION 5. Section 116J of said chapter 6 of the General Laws, as appearing in section 23 of said chapter 253 of the acts of 2020, is hereby amended by adding the following sentence:- The committee shall ensure that, pursuant to said section 14, programs train officers to use non-lethal force before employing physical force that may result in injury or death.
SECTION 6. Section 167 of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the words “not include information concerning any offenses which are not punishable by incarceration”, in lines 45 and 46, and inserting in place thereof the following words:- only include information concerning offenses relative to murder, as defined in section 1 of chapter 265.
SECTION 7. Chapter 6 of the General Laws is hereby further amended by adding the following section:-
Section 221. (a) Notwithstanding any general or special law to the contrary, all state, county, municipal and public departments, boards, commissions and agencies shall ensure that its staff includes people of color and women, at least in such proportion as these groups exist in the commonwealth’s population as periodically determined by the state secretary as the commonwealth’s chief census officer.
(b) If a state, county, municipal or public department, board, commission or agency fails to meet the proportionality requirement in subsection (a), 50 per cent of the appropriation designated for the department, board, commission or agency shall be transferred to the General Fund.
SECTION 8. Chapter 6E of the General Laws, as appearing in section 30 of chapter 253 of the acts of 2020, is hereby amended by adding the following 4 sections:-
Section 17. Each law enforcement agency shall provide on a publically accessible website:
(a) data relative to the hiring and retention of law enforcement officers, including, but not limited to: (i) demographic information for law enforcement officers employed and hired by the agency; (ii) the number of law enforcement officers hired by the agency; (iii) the number of cadets hired by the agency; (iv) demographic information for cadets hired by the agency; (v) recruitment efforts by the agency to attract and hire officers of color; and (vi) the number of law enforcement officers that have terminated their employment with the agency and for what reason.
(b) data relative to traffic stops performed by law enforcement officers, including, but not limited to: (i) demographic information for the person subject to the traffic stop; (ii) demographic information for the law enforcement officer that performed the traffic stop; (iii) the result of the traffic stop, including whether the stop resulted in a warning, citation, arrest or search; (iv) the duration and time of day of the traffic stop; (v) vehicle information; and (vi) law enforcement officer patrol patterns, including, but not limited to where law enforcement officers park to perform traffic stops, which neighborhoods law enforcement officers patrol and where speed-monitoring radar are set up.
(c) data relative to law enforcement officer response to residential homes broken down by neighborhood, including, but not limited to: (i) demographic information relative to the homeowner or homeowners; (ii) demographic information for the person that called for assistance; (iii) the number of arrests made after a response to a residential home and for what cause; and (iv) demographic information relative to those arrested.
(d) data relative to law enforcement officer discipline, including, but not limited to: (i) demographic information for the law enforcement officer subject to discipline, including race, sex, age, rank and the number of years in that position; (ii) the reason for punishment; and (iii) what punishment was received.
(e) data relative to individuals enrolled in an academy or training program certified by the municipal police training committee, including, but not limited to: (i) demographic information for individuals enrolled in the academy or training program, including race, sex and age; (ii) demographic information for individuals enrolled in the academy or training program that have been subject to discipline, including race, sex, age and for what the discipline was received; (iii) performance of individuals that have completed an academy or training program including test and physical fitness scores; (iv) demographic information relative to which individuals received awards for their performance in the academy or training program; and (v) the rank of every individual enrolled in the academy or training program, including, if applicable, any leadership role such as class president.
Section 18. No person issued a firearm, as defined in section 121 of chapter 140, by a law enforcement agency shall tamper with the firearm, including, but not limited to accessorizing or attaching stickers to the firearm.
Section 19. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Law enforcement activity”, actions performed by a law enforcement officer including: (i) noncustodial questioning of individuals suspected of criminal activity; (ii) pedestrian stops where an officer has an individualized, reasonable suspicion that the person stopped has committed, is committing or is about to commit a crime and where a reasonable person would not feel free to end the encounter at will; (iii) frisks; (iv) searches of persons or property, including vehicles; (v) roadblock or checkpoint stops; (vi) home searches; and (vii) investigatory questioning of victims of or witnesses to a crime.
“Noncustodial questioning”, the questioning of an individual during an investigation where such individual has not been detained and is free to end the encounter at will.
(b) During a law enforcement activity, an officer shall:
(i) identify themselves to the person who is the subject of the law enforcement activity by providing their name and rank;
(ii) provide the person an explanation of the reason for the law enforcement activity, unless providing such information would impair a criminal investigation; and
(iii) offer a business card to the person at the conclusion of the law enforcement activity if the law enforcement activity does not result in an arrest. If the person who is subject to the law enforcement activity is under the age of 18, the officer shall offer the business card to the person or, if present at the scene, to a parent or legal guardian.
(c) A law enforcement officer shall offer a business card to any person requesting identifying information; provided, however, that if an officer does not have a business card with their identifying information on their person, the officer may verbally provide the person with the officer’s name and rank and allow the person sufficient time to record the information.
(d) Each law enforcement agency shall provide all law enforcement officers employed by the agency with business cards that include the officer’s name, rank, contact information and blank space to write any necessary information as determined by the officer.
(e) A law enforcement officer shall not be required to comply with this section if:
(i) the officer is engaged in agency-approved undercover activity and law enforcement activity is taken in furtherance of the undercover activity;
(ii) exigent circumstances require immediate action by the officer;
(iii) the officer reasonably expects that the officer or any other person is in danger of physical injury or that there is an imminent risk of damage to property or to forestall the imminent escape of a suspect of imminent potential destruction of evidence;
(iv) the officer is conducting a security search of a person or property, including a consent search pursuant to guidance by the commission pursuant to section 20, where the search is predicated upon entrance to a public building or facility, location, event or gathering; or
(v) the officer is verifying the identity of a person seeking entry to an area where public access is restricted by a law enforcement agency due to a public health, safety or security concern.
Section 20. The commission shall develop guidance for law enforcement officers with respect to voluntary, knowing and intelligent consent prior to the search of a person, vehicle, home or property where the search is not performed pursuant to a warrant or probable cause.
SECTION 9. Chapter 12 of the General Laws is hereby amended by inserting after section 11I the following section:-
Section 11I½ . Any person who intentionally summons a law enforcement officer without reason to suspect a criminal act, imminent threat to a person or property or any other violation of the General Laws, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability, sexual orientation or sexual identity of a person, regardless of whether the belief or perception is correct, shall be liable to the aggrieved person or persons, in a civil action for appropriate equitable relief as provided for in section 11H, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of litigation and reasonable attorneys’ fees in an amount to be fixed by the court.
SECTION 10. Section 26 of chapter 31 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “standings”, in line 5, the following words:- ; provided, however, that for each veteran placed on eligible lists, a proportional number of non-veteran community members who pass examinations for original appointment shall be placed on the eligible lists.
SECTION 11. Chapter 41 of the General Laws is hereby amended by adding the following section:-
Section 134. A police officer or firefighter In a city or town shall complete 10 hours of community service per month within the community as determined by the chief.
SECTION 12. Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 98. Each school district, charter school, as defined in section 89, and regional school district created pursuant to section 14B shall provide on a publically accessible website, data relative to student discipline, including, but not limited to: (i) demographic information for the students that received disciplinary action; (ii) for what purpose was the student disciplined; and (iii) what disciplinary action was imposed, including, but not limited to detentions, suspensions, and expulsions, and for what length of time.
SECTION 13. Chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 16A and inserting in place thereof the following section:-
Section 16A. (a) No person shall cause, suffer, allow or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of 5 minutes. This section shall not apply to: (i) vehicles being serviced, provided that operation of the engine is essential to the proper repair thereof; (ii) vehicles engaged in the delivery or acceptance of goods, wares or merchandise for which engine assisted power is necessary and substitute alternate means cannot be made available; or (iii) vehicles engaged in an operation for which the engine power is necessary for an associate power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution. Whoever violates any provision of this section shall be punished by a fine of not more than $100 for the first offense, nor more than $500 for each succeeding offense.
(b) Notwithstanding any general or special law to the contrary, between the hours of 8:00 p.m. and 7:00 a.m., no person shall cause, suffer, allow or permit: (i) the unnecessary operation of the engine of a commercial vehicle within 100 yards of a residential home or (ii) the audible warning system of a commercial vehicle to be activated within 100 yards of a residential home. Whoever violates any provision of this section shall be punished by a fine of not more than $100 for the first offense, nor more than $500 for each succeeding offense.
SECTION 14. Section 63 of chapter 90 of the General Laws, as appearing in section 10 of chapter 122 of the acts of 2019, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The registry of motor vehicles shall collect data from any issued Massachusetts Uniform Citation regarding the following information: (i) identifying characteristics of the individuals who receive a warning or citation or who are arrested, including the age, race and gender of the individual; (ii) identifying characteristics of the law enforcement officer, as defined in section 1 of chapter 6E, who issued the warning or citation, including the race and sex of the law enforcement officer; (iii) the traffic infraction; (iv) the date and time of the offense and the municipality in which the offense was committed; (v) whether a search was initiated as a result of the stop; (vi) whether the stop resulted in a warning, citation or arrest; and (vii) whether the individual that received the citation elected to transmit a copy of the citation to the DJC Task Force, established pursuant to section 76 of chapter 3. The registry of motor vehicles shall maintain statistical information on the data required by this section and shall report that information annually to the secretary of public safety and security.
SECTION 15. Chapter 124 of the General Laws is hereby amended by adding the following 2 sections:-
Section 11. The department shall provide on a publically accessible website demographic information relative to prisoner attendance for department programming and prisoner discipline.
Section 12. The department shall provide on a publically accessible website information relative to grievances filed by correction officers, including, but not limited to: (i) a summary of the grievance and (ii) the result of the grievance process.
SECTION 16. Chapter 127 of the General Laws is hereby amended by adding the following section:-
Section 170. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Body-worn camera”, a portable electronic recording device worn on a law enforcement officer’s person that creates, generates, sends, receives, stores, displays and processes audiovisual recordings or records audio and video data of law enforcement-related encounters and activities.
“Record”, the process of capturing data or information stored on a recording medium.
(b) Any officer that responds to an emergency, incident or altercation within a state or county correctional facility shall wear a body-worn camera to record the emergency, incident or altercation. All recordings shall be retained by the state or county correctional facility pursuant to regulations promulgated by the commissioner pursuant to this section.
(c) The commissioner shall promulgate regulations relative to the use of body-worn cameras by officers and the retention of recordings by officers.
SECTION 17. Section 9 of chapter 211B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the word “and” in line 140.
SECTION 18. Said section 9 of said chapter 211B of the General Laws, as so appearing, is hereby further amended by striking out clause (xxiv) and inserting in place thereof the following 3 clauses:-
(xxiv) the authority to approve, upon the request of the court administrator, the court administrator's application for and acceptance on behalf of the commonwealth of any funds, including grants, bequests, gifts or contributions, from any person which shall be deposited in a separate account and may be expended by the court administrator, without further appropriation, in accordance with chapter 29 and any rules or regulations promulgated thereunder;
(xxv) the responsibility to collect and provide on a publically accessible website demographic data, including, but not limited to race, sex, and age, relative to: (i) arraignments; (ii) convictions, including for what criminal offense; (iii) sentence received if convicted, including for what criminal offense; (iv) dismissals; and (v) exonerations; and
(xxvi) after a review of the data collected pursuant to clause (xxv), the power to notify and discipline justices that exhibit a pattern of discrimination against criminal defendants.
SECTION 19. Chapter 269 of the General Laws is hereby amended by adding the following section:-
Section 20. (a) As used in this section, the term “hate speech” shall mean speech that carries no meaning other than the expression of hatred for some group, such as a particular race or gender, especially in circumstances in which the communication is likely to provoke violence.
(b) Whoever makes or circulates hate speech or causes hate speech to be made or circulated shall be punished by a fine of not less than $500 or by imprisonment in a jail or house of correction for not more than 1 year or by both such fine and imprisonment.
SECTION 20. Chapter 228 of the acts of 2000 is hereby amended by inserting after section 5 the following 2 sections:-
Section 5A. The registry of motor vehicles shall revise the Massachusetts Uniform Citation to include a field that allows individuals cited by a law enforcement officer, as defined in section 1 of chapter 6E of the General Laws, to opt-in to transmit a copy of the citation to the DJC Task Force, established pursuant to section 76 of chapter 3 of the General Laws. The police officer shall notify the individual of the option to transmit a copy of the citation to the DJC Task Force at the time the citation is issued; provided, that if the individual wishes to transmit a copy of the citation to the DJC Task Force, the individual shall opt-in at the time the citation is issued.
Section 5B. The executive office of public safety shall review on a monthly basis data collected pursuant to subsection (a) of section 63 of chapter 90. If, following its review, the executive office of public safety determines that any law enforcement officer, as defined in section 1 of chapter 6E, has exhibited a pattern of racial and gender profiling or has predominantly issued warnings or citation to individuals of a race or gender that differs from the race or gender of the law enforcement officer, those warnings or citations issued by the law enforcement officer, and any fines resulting from issued citations, shall be void.
SECTION 20. Said chapter 228 of the acts of 2000 is hereby further amended by inserting after section 6 the following section:-
Section 6A. The executive office of public safety shall develop a uniform protocol for law enforcement officers, as defined in section 1 of chapter 6E of the General Laws, on how to use the Massachusetts Uniform Citation to record the race and sex of each officer that has issued a citation to an individual for a motor vehicle violation. The protocol shall be put into effect not later than January 1, 2023.
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An Act relative to the Civilian Marksmanship Program
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H2345
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HD1027
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T08:40:42.497'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T08:40:42.5133333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:01:15.4366667'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 2345) of Steven S. Howitt relative to firearms furnished through the civilian marksmanship program. Public Safety and Homeland Security.
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Section 123 of Chapter 140 of the Massachusetts General Laws is hereby amended by inserting a new paragraph:
"Notwithstanding any general law, special law, or regulation to the contrary, firearms furnished through the Civilian Marksmanship Program as established by the United States Congress shall be eligible for transfer by a licensee."
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An Act relative to hoisting license renewal
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H2346
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HD1034
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T09:47:08.783'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T09:47:08.7833333'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 2346) of Steven S. Howitt relative to engineer license renewal. Public Safety and Homeland Security.
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SECTION 1. Section 53 of Chapter 146 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended, in line 41, of subsection (c) by inserting after the word “section.” the following:-
Notwithstanding any general or special law to the contrary, the commissioner of public safety shall not promulgate any rules or regulations requiring more than two hours of classroom credit every four years for renewal of a hoisting license.
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An Act pertaining to public fire safety and professionalism
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H2347
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HD1879
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T21:05:41.313'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T21:05:41.3133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-27T12:23:30.26'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-27T12:23:30.26'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T12:23:30.26'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-28T19:27:56.57'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:18:14.8266667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-30T15:18:14.8266667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-01T15:17:37.5733333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-01T15:17:37.5733333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T15:17:37.5733333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-02T13:15:58.76'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T10:18:17.5633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T15:42:06.1666667'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 2347) of Daniel J. Hunt and others relative to public fire safety and professionalism. Public Safety and Homeland Security.
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SECTION 1. Chapter 48 of the General Laws as appearing in the 2012 Official Edition is hereby amended by adding the following new section; Section 42B. Fire chief qualifications; work history of candidates for fire chief: No person shall be eligible to be appointed to the position of Fire Chief, and/or Fire Commissioner, and/or Head of a Fire Department in any City, Town or Fire District within the Commonwealth unless said candidate has been a uniformed member of the Massachusetts firefighting force of a Massachusetts Fire Department for a minimum of five years.
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An Act relative to military grade controlled property
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H2348
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HD2614
| 193
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{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-09T18:04:41.04'}
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[{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-09T18:04:41.04'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:31:13.9566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:43:25.39'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:34:20.2633333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:40:23.8533333'}]
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Bill
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By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 2348) of Mary S. Keefe and others relative to military grade controlled property. Public Safety and Homeland Security.
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SECTION 1. Section 1 of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Direct debt” the following definition:-
“Federal agency”, a federal military, law enforcement or intelligence agency, department, or division.
SECTION 2. Said section 1 of said chapter 29, as so appearing, is hereby further amended by inserting after the definition of “Fund” the following definition:-
"Law enforcement agency", a police department, sheriff department, harbormaster, state or county correctional facility or lockup, regional law enforcement council, so-called, or cooperative or other joint task force or other entity with authority to enforce the laws of the commonwealth.
SECTION 3. Said section 1 of said chapter 29, as so appearing, is hereby further amended by inserting after the definition of “Line-item” the following 2 definitions:-
“Local legislative body”, the town meeting for the purposes of a town system, the city council subject to the provisions of its charter in a city system, the district meeting in a district system, the county commissioners in a county system, and the governing body of the authority in an authority system.
"Military grade controlled property”, equipment, articles, services and related technical data as enumerated in the United States munitions list under 22 C.F.R. 121.1 or the department of commerce control list under 15 C.F.R. 774.
SECTION 4. Clause (3) of subsection (a) of section 6B of said chapter 29, as so appearing, is hereby amended by striking out subclauses (ii) and (iii) and inserting in place thereof the following 3 subclauses:-
(ii) the estimated amount of cash match, in-kind match or other monies to be supplied by the state and any other source from which such match will be required, and a description of the federal allocation formula and matching requirements including whether the grant is distributed to the commonwealth on the basis of a federally specified formula or on the basis of the federal grantor's discretion and a description of the federal constraints placed on the agency's discretion to use the grant;
(iii) the duration of the grant, the number of fiscal years the agency has been receiving assistance and the number of fiscal years in which assistance can be expected to continue under the program and a statement as to the priority of the program alongside other state or federally funded programs, including whether the agency would request that all or part of the program be funded out of the General Fund in the event federal funds are reduced or discontinued.
To avoid any inconsistency or duplication in review, notices given under this section shall be coordinated with other notice requirements for project or plan proposals in connection with federal aid including those required under Circular A-95 of the United States Office of Management and Budget; and
(iv) the projected annual maintenance costs of any military grade controlled property transferred or acquired from a federal agency
SECTION 6. Said section 6B of said chapter 29, as so appearing, is hereby further amended by adding the following 2 subsections:-
(k) The type and quantity of military grade controlled property available for purchase with any federal grant funds or available for acquisition by transfer, including but not limited to transfers by the United States Department of Defense pursuant to the 1033 Program, so-called, as authorized by Title 10, section 2576a of the United States Code, from a federal agency to a state law enforcement agency, including but not limited to the Massachusetts state police within the executive office of public safety and security, shall be set out with particularity to the general court so that it might consider proposed appropriations and the establishment of state policies and priorities.
(l) The department of state police, the office of law enforcement within the executive office of environmental affairs or the Massachusetts bay transportation authority police force shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless the department of state police, the office of law enforcement within the executive office of environmental affairs or the Massachusetts bay transportation authority police force obtains approval from the secretary of public safety and security, secretary of energy and environmental affairs or the secretary of transportation, respectively.
SECTION 7. Said chapter 29 is hereby further amended by inserting after section 6B the following section:-
Section 6B½. (a) A local law enforcement agency shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless: (i) the local law enforcement agency provides notice to the local legislative body of any intended application or transfer, including a detailed list of supplies and equipment sought to be acquired or transferred; (ii) the local legislative body advertises and holds a public hearing, due notice of which shall be advertised to the public, regarding the prospective application or transfer, during which the public shall be allowed the opportunity to testify and comment; (iii) the local law enforcement agency has responded in writing to any questions and matters raised by the local legislative body or residents at such public hearing; and (iv) the local legislative body votes to approve the intended application or transfer, including the particular supplies and equipment sought to be acquired. The local law enforcement agency shall include documentation of the local legislative body’s approval in its application or acknowledgment of receipt.
(b) A regional law enforcement council or other multi-jurisdictional law enforcement agency, including but not limited to those made up of entities or representatives of multiple agencies and those administered by non-profits, shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless it has: (i) provided notice to each of the local legislative bodies for the cities and towns participating in the regional or multi-jurisdiction law enforcement agency regarding any prospective application or transfer; and (ii) obtained approval from the secretary of public safety and security, who shall take into consideration any information, comments and recommendations from the local legislative bodies for the cities and towns participating in the regional or multi-jurisdiction law enforcement agency. The regional law enforcement council or multi-jurisdiction agency shall include documentation of the approval of the secretary of public safety and security in its application or acknowledgment of receipt. Notwithstanding any such approval, a local legislative body for a city or town participating in the regional or multi-jurisdiction law enforcement agency may vote to restrict or deny the use of the subject military grade controlled property within its locality.
(c) The department of state police shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless it has obtained approval from the secretary of public safety and security. The department of state police shall include documentation of the approval of the secretary of public safety and security in its application or acknowledgement of receipt.
(d) A sheriff’s department shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless it has obtained approval from the secretary of public safety and security. The sheriff’s department shall include documentation of the approval of the secretary of public safety and security in its application or acknowledgment of receipt.
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An Act relative to health education in women's correctional institutions
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H2349
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HD2426
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T09:25:57.677'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T09:25:57.6766667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-30T10:08:07.3133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T10:08:04.8433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T10:08:04.8433333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T10:08:04.8433333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:04:23.6633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:36:35.65'}]
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{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-19T10:42:33.52'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2349/DocumentHistoryActions
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Bill
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By Representatives Khan of Newton and Sousa of Framingham, a petition (accompanied by bill, House, No. 2349) of Kay Khan, Priscila S. Sousa and others relative to health education in women's correctional institutions. Public Safety and Homeland Security.
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SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after Section 16A the following new sections:-
Section 16B. Upon admission to a correctional institution and at any time thereafter, the health services unit in each correctional institution where women are incarcerated shall make available to all prisoners written information on women’s health, contraception, and sexually transmitted infections. A user-friendly, culturally competent, and linguistically diverse brochure containing the aforementioned information shall be created and distributed by the department of public health.
Section 16C. Not less than 4 months prior to the date of release for a female prisoner of child-bearing age, the medical director of the correctional institution where the prisoner is incarcerated shall offer the prisoner contraception counseling and a gynecological exam including a Pap Test. Following said counseling, the medical director shall offer to provide her with the form of contraception she so chooses including but not limited to: female condoms, male condoms, diaphragm, cervical cap, intra-uterine device, prescription birth control, or contraceptive sponges. If the prisoner selects a type of contraception that must be taken for a period of time before it becomes effective, then the prisoner shall begin the regimen not less than three months prior to her date of release. Said medication shall be distributed during regular medication distribution. Upon her release, the medical director shall furnish the woman with a 12 month prescription to refill her medication, a referral to a pharmacy or doctor where said prescription can be refilled, a referral to a primary care physician or gynecologist for follow up care, and a MassHealth card with access to Medicaid. The foregoing notwithstanding, no prisoner shall be required to undergo a gynecological exam or accept or utilize any type of contraception.
SECTION 2. Said chapter 127, as so appearing, is hereby further amended by inserting after Section 96B the following new section:-
Section 96C. The superintendent of each correctional institution where women are incarcerated shall offer a curricula on health education open to all eligible incarcerated people in said institutions. A curricula shall be created and shall include, but not be limited to, the following topics: general health, nutrition, mental health, women’s health concerns, domestic violence, substance abuse, sexually transmitted infections, contraception, emergency contraception, sex education, pregnancy, infant care, and child development. Said curricula shall be developed in consultation with the department of public health, shall be reevaluated annually, and offered regularly on a monthly basis.
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