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An Act to support MassMakers
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H235
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HD316
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{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-11T21:46:35.373'}
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[{'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-11T21:46:35.3733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H235/DocumentHistoryActions
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Bill
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By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. 235) of Adam Scanlon for legislation to establish a one-stop shop interactive web portal to be known as the MassMakers portal for prospective and established businesses in the Commonwealth. Community Development and Small Businesses.
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SECTION 1. This Act may be known as the MassMakers Act. For purposes of this Act, the following terms shall have the following meanings unless the context clearly requires otherwise:
“H⇧RE MASS”, the entrepreneurial and business skills program established pursuant to Section 7 of this Act, designed to provide skills to aspiring entrepreneurs and microbusinesses, as defined in this Act, to start up, scale up, and become the next generation’s employers.
“Mass Main Streets”, the office of Massachusetts main streets established pursuant to Section 5 of this Act, for the purpose of protecting, coordinating, promoting, and revitalizing downtowns and commercial districts of the commonwealth’s cities and towns.
“MassMade business”, an enterprise which (i) has its principal place of business in the commonwealth; (ii) is in good standing with the department of revenue; (iii) is registered with Supply Mass/Buy Mass, as defined in this Act; and (iv) produces raw materials, including agricultural items, in the commonwealth, or manufactures products or goods in the commonwealth.
“MassMakers Portal”, the one-stop shop interactive web portal established pursuant to Section 3 of this Act for prospective and established businesses in the commonwealth, to serve as the single, unified entry point for business information and statutory and regulatory compliance.
“Massport Model”, the bidder selection model implemented by the port authority which, in the port authority’s requests for proposals, requires bidders to incorporate diversity and inclusion plans into their bids, such plans to be considered alongside traditional criteria when evaluating bids and given a weight of 25%.
“Microbusiness”, an enterprise which has its principal place of business in the commonwealth, is independently owned and operated, and (i) if a manufacturing firm, has 25 or fewer employees, or (ii) if a service, construction or non-manufacturing firm, has 25 or fewer employees and average annual gross receipts over the 3 previous years not exceeding $3,500,000, indexed for inflation.
“Minority business”, an enterprise which has its principal place of business in the commonwealth, is independently owned and operated, and at least 51% of which is owned and dominantly controlled by adult minority principals as defined in 425 CMR 2.02(1), or any successor regulation thereto.
“Small business”, a business entity, including its affiliates, that: (i) is independently owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would be defined as a ''small business'' under applicable federal law, as established in the United States Code and promulgated from time to time by the United States Small Business Administration.
“Supply Mass/Buy Mass”, the program established pursuant to Section 4 of this Act for the purpose of connecting local suppliers with local purchasers.
“Massachusetts-based business”, an enterprise that: (i) has its principal place of business in the commonwealth; (ii) is in good standing with the department of revenue; and (iii) has been in business for at least 1 year.”
SECTION 2. Section 57 of chapter 7 of the General Laws is hereby amended by adding the following paragraphs:-
In order to fulfill the commitment embodied in the foregoing policy, it is not sufficient that the state government see that all available services and programs are put to the best use. The state government has an affirmative duty to advance diversity and equity in all of its own rules, regulations and practices. It is therefore incorporated into the policy of the commonwealth that all agencies of the commonwealth, when procuring supplies or services via requests for proposals from private businesses, include diversity and inclusion plan requirements in all such requests and consider those plans alongside traditional criteria when evaluating bids. The weight given to diversity and inclusion plans when evaluating bids shall be determined by each agency of the commonwealth in collaboration with the executive office of housing and economic development, the executive office of labor and workforce development, the executive office for administration and finance, the commission against discrimination, the supplier diversity office, the vendor advisory team formed by the gaming commission, and the port authority. Agencies may seek guidance from the Massport Model in determining the weight to be given to diversity and inclusion plans when evaluating bids.
The secretary of each executive office is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
SECTION 2A. Section 22O of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
When procuring goods or services through requests for proposals, state agencies shall consider the bidder’s principal place of business in addition to other criteria when evaluating bids. The weight given to Massachusetts-based businesses when evaluating bids shall be determined by each agency of the commonwealth in collaboration with the executive office of housing and economic development, the executive office of labor and workforce development and the executive office for administration and finance.
SECTION 3. Chapter 9 of the General Laws is hereby amended by inserting after section 31 the following section:-
Section 32: MassMakers Portal
Section 32. (a) There is hereby established a one-stop shop interactive web portal to be known as the MassMakers Portal for prospective and established businesses in the commonwealth. The state secretary, the executive office for administration and finance, the executive offices of education, energy and environmental affairs, health and human services, housing and economic development, labor and workforce development, public safety and security, and technology services and security, and the department of revenue shall jointly develop and implement the MassMakers Portal, which shall serve as a single, unified entry point for prospective and established businesses to obtain local business information and execute all statutory and regulatory compliance tasks required by the commonwealth in connection with the creation, continuing operation, or upscaling of business.
(b) In order to develop and implement the MassMakers Portal, the agencies identified in subsection (a) shall assemble a task force which shall consist of the state secretary, ex officio, or a designee, the secretaries of administration and finance, education, energy and environmental affairs, health and human services, housing and economic development, labor and workforce development, public safety and security, and technology services and security, ex officio, or their designees, the commissioner of revenue, ex officio, or a designee; 7 persons appointed by the attorney general, 1 of whom shall be from each of the 7 regions of the commonwealth: the western region, the central region, the northeast region, the Merrimack Valley, the metro west region, the Greater Boston region, and the southeast region; and 7 persons appointed by the governor, 1 of whom shall be from each of the 7 identified regions of the commonwealth. The governor, attorney general, state treasurer, and co-chairs of the task force shall have the discretion to appoint other members to the task force by majority vote. Persons appointed to the task force shall be members or representatives of the business community, including entrepreneurs, microbusiness owners, minority business owners and small business owners, and/or have demonstrated interests and experience in state agency processes, business regulations, web portal design and implementation, and/or other qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the task force. Members shall be selected without regard to political affiliation, shall as fully as possible represent a diverse and equitable array of stakeholders, and shall serve without compensation. The state secretary, or a designee from among the members of the task force, and the secretary of housing and economic development, or a designee from among the members of the task force, shall serve as co-chairs.
(c) The task force shall perform a needs and cost assessment and may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as the task force deems necessary to assist in the execution of said assessment. Said assessment shall be completed and the results thereof shall be presented to the governor and the general court by March 1, 2022, to inform the budget of the next legislative annual session. The assessment shall include, but not be limited to, the following:
(1) recommendations on the location, design, functionality and scope of services of the MassMakers Portal, which at a minimum shall include:
(i) online account services through which businesses can monitor deadlines for submission of forms, documents and payments, as well as compliance status and standing with each state agency;
(ii) electronic applications for licenses and renewals thereof;
(iii) electronic payment options for fees and taxes incident to the creation, continuing operation or upscaling of business;
(iv) compliance alerts in connection with new or revised state statutes, regulations and procedures;
(v) toolkits and video tutorials on all aspects of starting a business in the commonwealth, operating a business, upscaling a business, completing forms and complying with state statutory and regulatory requirements in connection therewith;
(vi) Supply Mass/Buy Mass information, and coordination with Supply Mass/Buy Mass online services;
(vii) Mass Main Streets information, and coordination with Mass Main Streets online services;
(viii) H⇧RE MASS information, and coordination with H⇧RE MASS online services; and
(ix) technical assistance resources;
(2) an estimate of the costs of full implementation of the MassMakers Portal, including, but not limited to, those associated with technology, infrastructure, operations and maintenance, sharing and coordination of agency data, and security;
(3) recommendations for and an estimate of the costs of establishing and maintaining a help center staffed with persons trained to answer questions and assist with navigation of the MassMakers Portal;
(4) recommendations on the time-line for designing, developing and testing the MassMakers Portal, which at the latest shall have its first testing phase for the state secretary’s office to process new business registrations and associated fee payments by December 31, 2022, and shall have its second testing phase to submit tax payments with the department of revenue by December 31, 2023;
(5) recommendations as to the roles of the agencies identified in subsection (a) regarding ongoing operational management of the MassMakers Portal;
(6) a comprehensive analysis of the processes of all state agencies with respect to the creation, continued operation or upscaling of businesses located in the commonwealth, with a goal of simplifying and streamlining regulatory tasks and forms required by said agencies and strengthening the delivery of services provided by said agencies to entrepreneurs, microbusinesses, small businesses, and other businesses in the commonwealth;
(7) identification of any state statutory, regulatory or procedural changes that need to be made to effectuate the functionality of the MassMakers Portal;
(8) identification of existing entrepreneurial, microbusiness, small business, and other business assets, resources, web content and functions provided by state agencies to coordinate and incorporate such assets, resources, web content and functions into the MassMakers Portal;
(9) identification of potential impediments to functionality posed by federal law, if any, and recommendations for work-arounds or solutions to such impediments;
(10) the impact of prioritizing microbusiness applications and account services; and
(11) recommendations on potential incentives to encourage municipalities or regional planning authorities to create local portals for similar purposes or committed to similar mission outcomes as the MassMakers Portal, with the option of linking to or being incorporated into the MassMakers Portal.
(d) The task force may, subject to appropriation, appoint and may remove all such employees as may be necessary to carry out the work of designing and implementing the MassMakers Portal based on the results of the needs and cost assessment. Unless otherwise provided by law, all such appointments and removals of employees shall be made under chapter 31.
(e) The state secretary shall hold as a separate fund and may expend such sums as may be appropriated for the MassMakers Portal by the general court, and may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by the task force in the subsequent fiscal year.
(f) The state secretary is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
SECTION 4. Chapter 23A of the General Laws is hereby amended by striking out section 10A and inserting the following section:-
Section 10A: Supply Mass/Buy Mass; MassMade
Section 10A. (a) In order for the commonwealth to execute on its responsibility of facilitating expansion of the local economy, MOBD shall establish a program to be known as Supply Mass/Buy Mass for the purpose of connecting local suppliers with local purchasers, whether public or private, institutional, commercial or individual. In implementing said program, MOBD shall:
(1) establish requirements for local suppliers to register as MassMade businesses with Supply Mass/Buy Mass;
(2) design and implement a Supply Mass/Buy Mass interactive web portal through which local suppliers can register as MassMade businesses and create MassMade business profiles with industry-specific information;
(3) assemble a searchable database of MassMade businesses through the portal by industry, raw materials produced or products or goods manufactured, and other identifying characteristics, with specific search features independently tailored toward local institutional purchasers, commercial purchasers, and individual purchasers;
(4) develop toolkits and training videos available through the portal to guide MassMade businesses to better understand the needs and procurement processes of local institutional and commercial purchasers;
(5) enable local institutional and commercial purchasers to issue requests for proposals through the portal and MassMade businesses to respond to such requests through the portal;
(6) promote live networking events through the portal to connect MassMade businesses with local institutional and commercial purchasers;
(7) determine those raw materials, products or goods needed by local institutional and commercial purchasers currently purchased outside the commonwealth or from foreign countries, especially raw materials, products or goods required for the first time; inquire whether other local institutional or commercial purchasers are in need of such raw materials, products or goods; assess whether any MassMade businesses are capable of producing or manufacturing the needed raw materials, products or goods with additional capital or retooling;
(8) coordinate and connect the portal with the MassMakers Portal;
(9) identify other obstacles to conducting business in the commonwealth and advance resources through the portal to address those obstacles to the extent possible;
(10) promote public-private partnerships;
(11) develop, evaluate and recommend policies, initiatives and incentives to prevent consumer flight from local suppliers in the cities and towns of the Merrimack Valley and other border municipalities to suppliers in New Hampshire or other tax advantaged states or from other sources; and
(12) undertake any other activities necessary to implement the purposes of this section.
Dedicated effort shall be made to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in implementing Supply Mass/Buy Mass.
(b) MOBD may consult with and seek input from interested stakeholders and shall work with entities including MassMade businesses, regional economic development organizations, microbusiness and small business associations, chambers of commerce, the supplier diversity office, the Massachusetts marketing partnership and the office of consumer affairs and business regulations in order to collect and provide business and product information related to MassMade businesses. All Supply Mass/Buy Mass information shall be readily accessible and free to the public.
(c) MOBD shall hold as a separate fund and may expend such sums as may be appropriated for Supply Mass/Buy Mass by the general court, and may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by MOBD for Supply Mass/Buy Mass in the subsequent fiscal year.
(d) MOBD is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
SECTION 5. Chapter 23A of the General Laws is hereby amended by inserting after section 13 the following section:-
Section 13 ½: Mass Main Streets; executive director; function; employees; advisory commission; industrial mill buildings; gifts and grants; trust fund
Section 13 ½. (a) There shall be within MOBD an office of Massachusetts main streets to be known as Mass Main Streets, in this section referred to as MMS, which shall be under the supervision and control of an executive director. The powers and duties given to the executive director of MMS in this section and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of MOBD.
(b)(1) The executive director of MMS shall be appointed by the governor, and serve at the pleasure of the governor. The position of executive director of MMS shall be classified under section 45 of chapter 30 and the executive director of MMS shall devote full time during business hours to the duties of MMS.
(2) The executive director of MMS shall be the executive and administrative head of MMS and shall be responsible for administering and enforcing the laws relative to MMS, any administrative unit of MMS, and the policies, programs and initiatives enacted to fulfill the mission of MMS pursuant to this section. Powers and duties given to an administrative unit of MMS by a general or special law shall be exercised subject to the direction, control and supervision of the executive director of MMS.
(c) MMS shall serve as the principal agency for protecting, coordinating, promoting and revitalizing downtowns and commercial districts of the commonwealth’s cities and towns, advancing economic and community development within the context of historic preservation, and advocating public-private partnerships to ensure continuing progress and enduring success, by providing strategic, organizational, informational, marketing and technical assistance and resources to the commonwealth’s cities and towns and to public and private entities organized for similar purposes or committed to similar mission outcomes. Dedicated effort shall be made to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in any recommendations, policies, programs and initiatives developed to fulfill the mission of MMS pursuant to this section.
(d) The executive director of MMS may, subject to appropriation and with the approval of MOBD, appoint and may, with like approval, remove all such employees as may be necessary to carry out the work of MMS. Unless otherwise provided by law, all such appointments and removals shall be made under chapter 31. The executive director may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as the executive director may deem necessary.
(e)(1) MMS shall establish an advisory commission to develop budget recommendations and strategies for the development of policies, programs and initiatives to fulfill the mission of MMS pursuant to this section, including, but not limited to, the design and implementation of an MMS interactive web portal, coordination of such portal with the MassMakers Portal, and qualification of MMS for Main Street America Certification in order to be eligible for programs, tools and resources provided by Main Street America. The executive director of MMS shall convene the advisory commission quarterly. The advisory commission shall annually report its recommendations to MOBD not later than November 1. The advisory commission shall annually file its recommendations with the clerks of the senate and house of representatives not later than November 1. The membership of the commission shall annually elect a chairperson.
(2) The advisory commission shall have 32 members: 1 representative from the Massachusetts cultural council; 1 representative from the Massachusetts historical commission; 1 representative from the community economic development assistance corporation; 1 representative from Boston Main Streets Foundation; the executive director or the executor director’s designee of each of the commonwealth’s 14 regional planning agencies: Berkshire Regional Planning Commission, Boston Region Metropolitan Planning Organization, Cape Cod Commission, Central Massachusetts Regional Planning Commission, Franklin Regional Council of Governments, Martha’s Vineyard Commission, Merrimack Valley Planning Commission, Metropolitan Area Planning Council, Montachusett Regional Planning Commission, Nantucket Planning and Economic Development Commission, Northern Middlesex Council of Governments, Old Colony Planning Council, Pioneer Valley Planning Commission, and Southeastern Regional Planning and Economic Development District; and 14 persons appointed by the governor, 2 of whom shall be from each of the 7 regions of the commonwealth: the western region, the central region, the northeast region, the Merrimack Valley, the metro west region, the Greater Boston region, and the southeast region. Commission members shall be persons with demonstrated interests and experience in advancing the cultural, historical and/or economic vitality of downtowns and commercial districts of the commonwealth’s cities and towns. All persons appointed to the commission shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the commission, and shall as fully as possible represent a diverse and equitable array of stakeholders. Each member appointed by the governor shall serve at the pleasure of the governor.
(3) The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. This commission shall annually, not later than November 1, make a report to the executive director and the secretary of housing and economic development, and may make such special reports as the commission or the executive director of MMS may deem desirable.
(f)(1) MMS shall establish a subcommittee of the advisory commission to develop strategies to stimulate the redevelopment, rehabilitation and revitalization of industrial mill buildings and their environs in the commonwealth. Recommendations of the subcommittee shall be incorporated into the annual report filed by the advisory commission with the clerks of the senate and house of representatives pursuant to paragraph 1 of subsection (e).
(2) The subcommittee shall serve as a research body for issues critical to the redevelopment, rehabilitation and revitalization of industrial mill buildings and their environs in the commonwealth and shall: (i) create a database and study, review and report on the status of industrial mill buildings and their environs in the commonwealth; (ii) assess market conditions relative to the economic robusticity of each active industrial mill building in its current use; (iii) identify measures to improve industrial mill building energy efficiency and prevent further structural and environmental degradation; (iv) investigate potential short-term and long-term uses or development solutions for vacant or underutilized industrial mill buildings; (v) review and advise the general court and the executive branch on the impact of existing and proposed state laws, policies and regulations on the potential redevelopment, rehabilitation or revitalization of industrial mill buildings and their environs, including, but not limited to, tax incentives and renewable energy initiatives; (vi) explore innovative permitting processes, zoning regulations and building codes to encourage the redevelopment, rehabilitation or revitalization of industrial mill buildings and their environs; (vii) advance legislative and policy solutions to effectuate the foregoing; (viii) advocate public-private partnership opportunities; and (ix) take such other actions as deemed necessary in furtherance of its purposes.
(3) The subcommittee shall consist of those members of the advisory commission representing jurisdictions containing industrial mill buildings, and 1 industrial mill building owner from each region of the 7 regions identified in paragraph (2) of subsection (e) which contains an industrial mill building appointed by the governor. Subcommittee members shall be persons with demonstrated interests and experience in the redevelopment, rehabilitation and/or revitalization of industrial mill buildings and their environs in the commonwealth. All persons appointed to the subcommittee shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the subcommittee, and shall as fully as possible represent a diverse and equitable array of stakeholders. Each member appointed by the governor shall serve at the pleasure of the governor. The members of the subcommittee shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(g) MMS may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the Mass Main Streets Trust Fund established pursuant to subsection (h).
(h)(1) There shall be a Mass Main Streets Trust Fund which shall be administered by MOBD as custodian for MMS and held by MOBD separate and apart from its other funds. There shall be credited to the fund such sums received pursuant to subsection (g) and such sums as may be appropriated for MMS by the general court.
(2) All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by MMS in the subsequent fiscal year.
(3) MMS shall submit an annual report to MOBD, the clerks of the senate and house of representatives and the joint committee on community development and small businesses not later than December 31 on the cost-effectiveness of the fund. The report shall be made available on the MMS website. The report shall include: (i) expenditures made by MMS from money out of the fund to promote the revitalization of downtowns and commercial districts of the commonwealth’s cities and towns and to otherwise fulfill the mission of MMS pursuant to this section; and (ii) expenditures made by MMS for administrative costs.
SECTION 6. Chapter 23A of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A: Microbusiness and minority business strategy commission; members; powers and duties; meetings; annual report
Section 66A. (a) There shall be a microbusiness and minority business strategy commission within, but not subject to the supervision or control of, the executive office of housing and economic development. The mission of the commission shall be to enhance the economic vitality of the commonwealth’s microbusinesses and minority businesses, recognizing the fundamental role that microbusinesses and minority businesses play in the economy and the contributions made by microbusinesses and minority businesses to the general welfare of the commonwealth.
(b) The commission shall consist of the following 18 members: the secretary of housing and economic development, ex officio, or a designee; the secretary of administration and finance, ex officio, or a designee; the chair of the commission against discrimination, ex officio, or a designee; the director of the supplier diversity office, ex officio, or a designee, and 14 persons appointed by the governor, 2 of whom shall be from each of the 7 regions of the commonwealth: the western region, the central region, the northeast region, the Merrimack Valley, the metro west region, the Greater Boston region, and the southeast region. Of those 14 appointees, at least 3 shall be microbusiness owners or representatives of microbusiness owners in underserved communities or communities with a high percentage of low-income households, at least 3 shall be minority business owners or representatives of minority business owners in underserved communities or communities with a high percentage of low-income households, and at least 3 shall be founders or organizers of platforms, pop-up markets, or other vendor collaboratives serving microbusinesses organized for similar purposes or committed to similar mission outcomes as, for example, CI Works, WeWork, and Top Knots CoWorking, and/or minority businesses organized for similar purposes or committed to similar mission outcomes for advancing equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, or language as, for example, BLK+GRN, the e-commerce platform We Buy Black, and the Black-Owned Market. Commission members shall be persons with demonstrated interests and experience in advancing the interests of microbusinesses and/or minority businesses, and their owners. All persons appointed to the commission shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the commission, and shall as fully as possible represent a diverse and equitable array of stakeholders.
(c) Members of the commission may serve a maximum of 3 consecutive 3–year terms. A vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy shall serve initially only for the balance of the unexpired term. The commission shall annually elect from among its members a chair, a vice chair, and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A. Each member of the commission shall be a resident of the commonwealth.
(d) The commission shall serve as a research body for issues critical to the welfare and vitality of the commonwealth’s microbusinesses and minority businesses and shall: (i) study, review and report on the status of microbusinesses and minority businesses in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on the commonwealth’s microbusinesses and minority businesses; (iii) advance legislative and policy solutions that address the needs of the commonwealth’s microbusinesses and minority businesses; (iv) advocate to ensure that the commonwealth’s microbusinesses and minority businesses receive a fair share of state investment; (v) work with lending institutions, insurance companies, and other private businesses in the commonwealth to encourage formation of seed money and microcredit opportunities for facilitating the starting up and upscaling of microbusinesses and minority businesses in their efforts to obtain loan money and operating capital from private and public lenders; (vi) promote collaboration among the commonwealth’s microbusinesses and minority businesses to improve efficiency in delivery of services and other cost efficiencies; and (vii) develop and support access to state resources for the commonwealth’s microbusinesses and minority businesses. The executive office shall provide the commission with adequate office space and any research, analysis or other staff support that the commission reasonably requires.
(e) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between the 7 regions of the commonwealth identified in subsection (b). Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A.
(f) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the commission under the law.
(g) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and the house of representatives who shall forward the same to the joint committee on economic development and emerging technologies.
(h) Notwithstanding any general or special law, regulation, policy or procedure to the contrary, microbusinesses shall be exempt from the annual report fees imposed by the state secretary’s office, and minority businesses that qualify as microbusinesses shall be exempt from the diversity certification and third-party certification application fees imposed by the supplier diversity office. The state secretary is hereby authorized to promulgate regulations to assure the timely and effective implementation of this subsection.
SECTION 7. Chapter 23A of the General Laws is hereby amended by inserting after section 68 the following section:-
Section 69: H⇧RE MASS
Section 69. (a) MOBD shall establish an entrepreneurial and business skills program to be known as H⇧RE MASS, designed to provide entrepreneurial and business skills to residents of the commonwealth who are in the process of acquiring or who possess valuable saleable trade skills, including, but not limited to, hairstylists and barbers, manicurists, aestheticians, massage therapists, electricians, plumbers, and gas fitters, but who lack the knowledge to start or expand their own businesses, in order to raise them to the level where they can start their own businesses, become microbusinesses and eventually scale up to become small businesses and the next generation’s employers. Dedicated effort shall be made to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in the program developed pursuant to the authority conferred in this section, and any successor policies, programs and initiatives related to said program.
(b) MOBD shall consult with and engage relevant stakeholders in the commonwealth, including, but not limited to, students, educators and administrators of vocational and technical schools, community colleges, public colleges and universities, and private colleges and universities, participants and administrators of other trade, certification and apprenticeship programs, microbusiness and small business associations and owners, minority business associations and owners, and trade and labor associations, to assist in the development and periodic review of the program and its implementation, including, but not limited to:
(1) determining the criteria and processes for participation in H⇧RE MASS, whether as a student or educator, to maximize the number and diversity of people served;
(2) identifying entrepreneurial and microbusiness development needs and existing resources and services;
(3) addressing obstacles for aspiring entrepreneurs and upscaling microbusiness owners in utilizing existing resources and services and exploring methods to simplify, streamline and strengthen the delivery of such resources and services;
(4) establishing curricula for H⇧RE MASS, with special attention paid to the needs of aspiring entrepreneurs and microbusiness owners for off-hour and accelerated programming, including variants for entrepreneurial and business skills weekend “bootcamps”, to maximize the skills gained and quality of outcomes achieved;
(5) engaging voluntary uncompensated and, subject to appropriation, compensated educators and administrators to implement H⇧RE MASS;
(6) cultivating and promoting public-private partnerships to ensure an enduring H⇧RE MASS program;
(7) generating toolkits and training videos to be made available through the MassMakers Portal; and
(8) developing budget recommendations.
MOBD shall hold its first public outreach not more than 60 days after the effective date of this act and shall, to the extent possible, ensure fair representation and input from a diverse and equitable array of stakeholders. MOBD may assemble a task force to effectuate the foregoing, whose members shall serve without compensation.
(c) MOBD shall hold as a separate fund and may expend such sums as may be appropriated for H⇧RE MASS by the general court, and may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by MOBD for H⇧RE MASS in the subsequent fiscal year.
(d) MOBD shall annually, on or before December 31, file a report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on community development and small businesses, the joint committee on labor and workforce development, and the joint committee on education.
(e) MOBD is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
SECTION 8. Chapter 30A of the General Laws is hereby amended by striking out section 5A and inserting in place thereof the following section:-
Section 5A: Review of rules and regulations regarding economic impact on microbusinesses and small businesses
Section 5A. Existing rules and regulations shall be reviewed by each agency contemporaneously with the development of the written comprehensive economic development policy for the commonwealth and the strategic plan for implementing the policy during the first year of each new gubernatorial administration required pursuant to subsection (l) of section 16G of chapter 6A, which review shall be completed no later than June 30 of that year in order to inform said economic development policy, or 5 years from the date last reviewed, whichever occurs first, to ensure that those rules and regulations minimize economic impact on microbusinesses and small businesses in a manner consistent with the stated objectives of applicable statutes.
In reviewing a rule or regulation to minimize economic impact of the rule or regulation on microbusinesses and small businesses, the agency shall file a business impact statement which considers the following factors and any impact differentials between microbusinesses and small businesses that are not microbusinesses:
(1) the continuing need for the rule or regulation;
(2) the nature of complaints or comments received concerning the rule or regulation from the public;
(3) the complexity of the rule or regulation;
(4) the extent to which the rule or regulation overlaps, duplicates or conflicts with other federal, state and local governmental rules and regulations;
(5) the length of time since the rule or regulation has been enacted, changed, amended or modified; and
(6) the degree to which technology, economic conditions or other factors have changed in the subject areas affected by the rule or regulation.
SECTION 9. Section 6 of chapter 30B of the General Laws is hereby amended by striking out subsection (b) and inserting the following subsection:-
(b) The chief procurement officer shall solicit proposals through a request for proposals. The request for proposals shall include:
(1) the time and date for receipt of proposals, the address of the office to which the proposals are to be delivered, the maximum time for proposal acceptance by the governmental body;
(2) the purchase description and all evaluation criteria that will be utilized pursuant to paragraph (e);
(3) a requirement for a diversity and inclusion plan which shall be considered alongside traditional criteria when evaluating bids; and
(4) all contractual terms and conditions applicable to the procurement provided that the contract may incorporate by reference a plan submitted by the selected offeror for providing the required supplies or services.
The request for proposals may incorporate documents by reference; provided, however, that the request for proposals specifies where prospective offerors may obtain the documents. The request for proposals shall provide for the separate submission of price, and shall indicate when and how the offerors shall submit the price. The chief procurement officer shall make copies of the request for proposals available to all persons on an equal basis.
SECTION 10. This Act shall take effect on January 1, 2023.
SECTION 11. Sections 3 and 9 shall only apply to requests for proposals proffered on or after the effective date of this Act.
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An Act to ensure compliance with the anti-shackling law for pregnant incarcerated women
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H2350
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HD2428
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T09:30:50.36'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-17T09:30:50.36'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-30T10:09:39.2933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T10:09:36.9033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-09T15:43:17.1333333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:18:29.01'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:46:14.9666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:09:01.2766667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-08T12:04:25.3266667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T10:58:02.1233333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-10T08:45:52.24'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:04:15.54'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-04-07T13:07:30.3166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T11:28:47.7033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T15:58:28.4933333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-15T16:53:48.5166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-15T16:23:41.3166667'}]
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{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-19T13:01:16.387'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2350/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. 2350) of Kay Khan, Priscila S. Sousa and others for legislation to further amend the anti-shackling statute for incarcerated pregnant women. Public Safety and Homeland Security.
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SECTION 1. Subsection (b) of section 118 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
For the purposes of this section, “postpartum recovery” shall mean the time period that occurs immediately following childbirth up to a minimum of 6 weeks, or longer as determined by a physician.
SECTION 2. Said section 118 of chapter 127, as so appearing, is hereby further amended by striking out the words “post-delivery recuperation” in lines 45 and 62, in each instance, and inserting in place thereof the following words:- “postpartum recovery”.
SECTION 3. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 46, after the word “physician” the following words:- “or emergency medical personnel”.
SECTION 4. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 72, after the word “inmate” the following words:- “under any circumstances or in any setting”
SECTION 5. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 78, after the word “superintendent” the following words:- “of a state correctional facility or administrator of a county facility.”
SECTION 6. Said section 118 of chapter 127, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
The commissioner of correction and administrator of each county correctional facility shall require annual training of staff members who transport or supervise female prisoners as to the provisions of this section.
Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, which shall include the date, time, duration, location and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information.
The secretary of public safety shall submit to the legislature a public report detailing compliance with this section, including all incidents involving use of restraints which shall be filed no later than July 1 of each year with the clerks of the senate and house of representatives, the chairs of the joint committee on public safety and homeland security and the chairs of the joint committee on the judiciary.
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An Act relative to police interactions with persons on the autism spectrum
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H2351
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HD688
| 193
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-13T11:12:58.887'}
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[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-13T11:12:58.8866667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:23:40.9966667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:42:50.7966667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-04-25T10:57:47.8433333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T15:28:49.8433333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:29:27.7733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:57:27.3366667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T16:13:47.92'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:39:05.86'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T13:01:19.5366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T18:03:09.34'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-03-06T15:39:06.24'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T14:57:49.7733333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T11:16:37.2466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:53:37.7966667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T11:02:01.9533333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-23T10:05:17.4366667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T13:21:58.5166667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:37:02.48'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T13:36:52.2266667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-01T10:50:16.3766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:43:26.3066667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-06T13:28:50.84'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-07T10:06:23.2033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T16:49:19.9366667'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-03-22T09:48:36.7933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:28:16.5066667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:06:38.57'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T12:57:21.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2351/DocumentHistoryActions
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Bill
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By Representative Khan of Newton, a petition (accompanied by bill, House, No. 2351) of Kay Khan and others relative to police training in appropriate interactions with persons on the autism spectrum and other intellectual and developmental disabilities. Public Safety and Homeland Security.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 116I the following section:-
Section 116I ½. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Agency”, the ability to make independent decisions and act in one’s own best interests.
“Autism spectrum”, a disorder or disability on the autism spectrum, including but not limited to: autistic disorder, Asperger's disorder, pervasive developmental disorder - not otherwise specified, childhood disintegrative disorder, nonverbal learning disorder or Rhett's Syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association.
“Correction officer”, any officer employed by a correctional facility who is tasked with the custody, care or transport of incarcerated or detained persons.
“Correctional facility”, as defined in section 1 of chapter 125.
“Intellectual and developmental disabilities”, an intellectual or developmental disability, as defined in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association.
“Law enforcement agency”, (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts Bay Transportation Authority police department; (ii) a sheriff’s department in its performance of police duties and functions; or (iii) a public or private college, university or other educational institution or hospital police department.
“Law enforcement officer” or “officer”, any officer of an agency, including the head of the agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter 22C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police duties and functions; a constable executing an arrest for any reason; or any other special, reserve or intermittent police officer.
(b) The municipal police training committee shall establish an in-service training curriculum on or before January 1, 2024 for the training of law enforcement officers and correction officers in appropriate interactions with persons on the autism spectrum and persons with other intellectual and developmental disabilities; provided, that this training shall not increase the currently required hours of in-service training. The municipal police training committee shall develop guidelines for law enforcement response to persons on the autism spectrum and persons with other intellectual and developmental disabilities who are victims or witnesses to a crime, or suspected or convicted of a crime. The course of instruction and the guidelines shall emphasize: (1) positive responses to persons on the autism spectrum and persons with other intellectual and developmental disabilities, (2) de-escalating potentially dangerous situations, (3) understanding of the different manner by which persons on the autism spectrum and persons with other intellectual and developmental disabilities process sensory stimuli and language and (4) appropriate methods of interrogation. The training shall address the best practices for interactions with the broad range of persons on the autism spectrum and persons with other intellectual and developmental disabilities, including those with intersecting marginalized identities.
The training presenters shall include presentations from adults on the autism spectrum. Where appropriate, the training presenters shall also include experts on autism spectrum disorders who also have expertise in the law enforcement or correction field.
(c) The in-service training for law enforcement officers and correction officers shall include not less than 2 hours of instruction in the procedures and techniques described below:
(1) The nature and manifestations of autism spectrum disorders and other intellectual and developmental disabilities.
(2) Appropriate techniques for interviewing or interrogating persons on the autism spectrum and persons with other intellectual and developmental disabilities, including techniques to ensure legality of statements made, and techniques to protect the rights of the interviewee.
(3) Techniques for locating persons on the autism spectrum and persons with other intellectual and developmental disabilities who runs away and are in danger, and returning the person while causing as little stress as possible to the person.
(4) The legal duties imposed on police officers to offer protection and assistance, including guidelines for making felony and misdemeanor arrests, and appropriate techniques for arrest and restraint of persons on the autism spectrum and persons with other intellectual and developmental disabilities.
(5) Techniques for de-escalating a potentially dangerous situation to maximize the safety of both: (i) law enforcement officers or correction officers and (ii) persons on the autism spectrum and persons with other intellectual and developmental disabilities.
(6) Techniques for differentiating between persons on the autism spectrum and persons with other intellectual and developmental disabilities from a person who is belligerent, uncooperative or otherwise displaying traits similar to the characteristics of a person on the autism spectrum and persons with other intellectual and developmental disabilities.
(7) Procedures to ensure the safety and wellbeing of persons on the autism spectrum and persons with other intellectual and developmental disabilities in a correctional facility.
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An Act relative to medical services
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H2352
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HD2364
| 193
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{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:34:00.337'}
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[{'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T12:34:00.3366667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-01T10:38:50.4366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-21T15:09:18.41'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-06-21T15:09:18.41'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-05-31T10:40:59.1566667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-09-11T11:12:23.2966667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-18T09:45:22.4033333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-09-18T09:45:22.4033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-10-04T12:43:13.5966667'}]
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Bill
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By Representative Kilcoyne of Clinton, a petition (accompanied by bill, House, No. 2352) of Meghan Kilcoyne and Paul McMurtry relative to definitions under the emergency medical services system law. Public Safety and Homeland Security.
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SECTION 1. Section 1 of Chapter 111C of the General Laws is
hereby amended by striking out the definition of commissioner and department inserting the following definitions:
“Commissioner”, the commissioner of public safety.
“Department”, the department of public safety.
SECTION 2. Section 1 of Chapter 111O of the General Laws
is hereby amended by striking out the definition of commissioner and department and inserting the following definitions:
“Commissioner”, the commissioner of public safety.
“Department”, the department of public safety.
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An Act relative to the equality of wage and recruitment of the Massachusetts State Police
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H2353
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HD2858
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T16:40:35.413'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-19T16:40:35.4133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T17:08:08.5666667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-23T16:45:09.98'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-20T16:37:39.9266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-03-26T09:17:29.3566667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-06T16:10:06.36'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-19T17:09:51.46'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-23T11:13:42.7166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-23T10:29:57.3833333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:43:12.0166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-23T12:59:10.83'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-24T17:16:28.6966667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-05-01T22:57:45.49'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T15:03:11.7566667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-03-30T18:32:19.7366667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-23T15:07:23.9866667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:20:32.01'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-29T13:12:45.5333333'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-04-06T12:06:53.7966667'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-05-11T00:10:10.6333333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-22T15:09:48.4466667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-03-24T13:04:39.35'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-03-30T08:27:44.1166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T15:10:10.4233333'}]
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-19T16:41:18.273'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2353/DocumentHistoryActions
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Bill
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By Representatives Kushmerek of Fitchburg and Garballey of Arlington, a petition (accompanied by bill, House, No. 2353) of Michael P. Kushmerek, Sean Garballey and others relative to the equality of wage and recruitment of the State Police. Public Safety and Homeland Security.
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Section 22C of the General Laws is hereby amending by adding the following new section:
Section XX. There is hereby reestablish a career incentive pay program offering base salary increases to regular full-time members of the state police department as an incentive for furthering the education of current officers and recruiting diverse candidates to the state police through future recruitment and the cadet program. This section shall not apply to officers currently receiving career incentive pay for educational degrees under any other program or law.
In order to rectify an equity issue on the State Police, the police career incentive base salary increases shall equal the already existing incentive and be predicated on the accumulation of points earned in the following manner: one point for each semester hour credit earned toward a baccalaureate or an associate degree; sixty points for an associate degree; one hundred and twenty points for a baccalaureate degree; and one hundred and fifty points for a degree of master or for a degree in law. All semester credits and degrees shall be earned in an accredited educational institution and shall be credited for the purpose of determining points under this section, notwithstanding the date of appointment of an individual to a position described in the first paragraph of this section. Only graduates of: (1) an accredited degree program offered by an institution of higher learning in order to ensure diverse educational backgrounds of current and future officers, or (2) accredited law schools shall be eligible for the police career incentive pay program.
Base salary increases authorized by this section shall be granted in the following manner: a ten percent increase for sixty points, a twenty percent increase for one hundred and twenty points, and a twenty-five percent increase for one hundred and fifty points so accumulated.
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An Act relative to motor vehicle battery storage
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H2354
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HD1302
| 193
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{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-18T12:36:39.397'}
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[{'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-01-18T12:36:39.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2354/DocumentHistoryActions
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Bill
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By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 2354) of Michael P. Kushmerek for legislation to require the display of notice to the public and first responders of the presence of motor vehicle batteries on the premises of motor vehicle repair and storage facilities. Public Safety and Homeland Security.
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Chapter 140 of the General Laws is hereby amended by inserting after section 59A the following section:-
Section 59B. All holders of a Class 1, Class 2 or Class 3 license pursuant to section 58, all owners or operators of a motor vehicle repair shop registered pursuant to chapter 100A, all owners or operators of a junkyard or automobile graveyard as those terms are defined in section 1 of chapter 140B or any person or entity who sells or stores motor vehicle batteries shall prominently display notice to the public and first responders of the presence of motor vehicle batteries on the premises. Violation of this section shall be subject to a civil penalty of $250.
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An Act relative to the well-being of law enforcement officers after involvement in a critical incident
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H2355
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HD1403
| 193
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{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-10T12:57:57.927'}
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[{'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-10T12:57:57.9266667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-17T14:43:13.0566667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-25T15:12:21.8633333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:57:56.69'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-03T11:45:27.2'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:38:00.3833333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-30T14:24:36.8866667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-01T12:34:38.2833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T17:07:12.1333333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-20T09:30:01.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2355/DocumentHistoryActions
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Bill
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By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 2355) of Kathleen R. LaNatra and others relative to the well-being of law enforcement officers after involvement in critical incidents. Public Safety and Homeland Security.
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Chapter 6 of the General Laws is hereby amended by inserting after section 118 the following section:-
Section 119. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Critical incident”, a traumatic event that may cause powerful emotional reactions in people involved or exposed to the event, including: (i) line of duty death or life-threatening injury of an officer; (ii) suicide of an officer; (iii) multiple casualty incidents or disasters; (iv) significant stressful incidents involving children; (v) incidents involving life-threatening injuries or death of a family member or significant other of an officer; (vi) an officer-involved injury or death, as defined in section 1 of chapter 6E; and (vii) any other significant incident that elicits a strong emotional response by the involved officers, at the discretion of the head of the law enforcement agency.
“Law enforcement agency” or “agency”, as defined in section 1 of chapter 6E.
“Law enforcement officer” or “officer”, as defined in section 1 of chapter 6E.
“Telehealth”, as defined in section 30 of chapter 32A.
(b) Each law enforcement agency shall, in collaboration with the municipal police training committee established pursuant to section 116, develop and maintain a policy or program for supporting law enforcement officers who have been involved in a critical incident. The policy or program may include a peripheral law enforcement officer present at the scene of reports an impact or request supportive services.
(c) The policy or program shall include:
(1) Pre-incident preparation, including training and education about both normal and problematic post-traumatic reactions commonly associated with critical incidents;
(2) Protocols to ensure an involved officer’s physical and psychological safety at the scene and following the critical incident;
(3) The provision of post-critical incident services to an involved officer, and the ability to extend the post-critical incident services to an officer’s family and significant others when warranted;
(4) Guidelines for temporary leave or appropriate duty reassignment as agreed upon by an involved officer and the agency to allow an involved officer to receive services and manage the impact of the incident on an involved officer and an involved officer’s family and significant others; and
(5) Guidelines and procedures for an officer’s return to duty, including ongoing support and services available to an involved officer. The guidelines and procedures may include, to the extent possible given the law enforcement agency’s size and resources:
(i) A reintegration plan that considers having an officer return to the scene of the critical incident if necessary, participation in additional firearm training and participation in a graduated re-entry with a partner; and
(ii) Ongoing supportive mental health services, including confidential follow-up by a qualified mental health professional, either in person or through telehealth services.
(d) The policy or program may include, to the extent possible given the law enforcement agency’s size and resources:
(1) At least 1 confidential post-critical incident intervention with a qualified mental health professional in a timely manner following the incident, including through telehealth services;
(2) Ongoing confidential mental health services from a qualified mental health professional as needed, including though telehealth services; and
(3) Some form of peer support, including agency peer support or online or telehealth peer support.
(e) Not less than biennially, each law enforcement agency shall complete a review of the policy or program required pursuant to this section and revise the policy or program, as necessary.
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An Act relative to problem properties and enhancing fire safety
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H2356
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HD188
| 193
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{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T15:43:48.627'}
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[{'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-10T15:43:48.6266667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-10T15:43:48.8933333'}]
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{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-10T15:43:48.627'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2356/DocumentHistoryActions
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Bill
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By Representatives LeBoeuf of Worcester and Duffy of Holyoke, a petition (accompanied by bill, House, No. 2356) of David Henry Argosky LeBoeuf and Patricia A. Duffy relative to establishing and administering a program to assist landlords and lessors with providing fire safety education and fire prevention measures in multi-unit residential properties. Public Safety and Homeland Security.
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SECTION 1. Chapter 22D of the General Laws is hereby amended by adding the following section:-
Section 7. (a) There shall be established and set up on the books of the commonwealth a Tenant Fire Safety Trust Fund to be expended, without further appropriation, by the state fire marshal for the purposes of establishing and administering a program to assist landlords and lessors with providing fire safety education and fire prevention measures in multi-unit residential properties. There shall be credited to the trust fund: (i) any funds deposited in the trust fund pursuant to paragraphs (2) and (3) of subsection (b) of section 101 of chapter 143; (ii) any funds that may be appropriated or transferred for deposit into the trust fund; and (iii) any income derived from investment of amounts credited to the trust fund. Any balance in the fund at end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
(b) Annually, not later than October 1, a report shall be filed with the clerks of the house of representatives and the senate and the house and senate committees on ways and means that shall include expenditures made and income received by the fund.
SECTION 2. Chapter 143 of the General Laws is hereby amended by adding the following section:-
Section 101. (a) An apartment or dwelling unit in any structure containing 3 or more dwelling units in any municipality that accepts this section in the manner provided in section 4 of chapter 4 shall not be occupied for human habitation, after a vacancy, until a certificate of occupancy has been issued by the building inspector, certifying that such apartment or dwelling unit: (i) conforms to the requirements of the applicable housing ordinances of the municipality; (ii) the state building code, as codified in 780 CMR, and (iii) until necessary fire safety inspections have been completed pursuant to chapter 148; provided, however, that this section shall not apply to any structure occupied by the owner thereof and containing 3 or less dwelling units; provided, further, that this section shall not prohibit human occupancy of such apartment or dwelling unit during the pendency of an application for a certificate of occupancy.
The state fire marshal, head of the fire department as defined in section 1 of said chapter 148, or any person to whom the marshal or head of the fire department may delegate the authority to perform fire safety inspections pursuant to section 4 of said chapter 148 shall notify the building inspector of the completion of necessary fire inspections pursuant to this subsection.
(b) (1) Any owner or lessor who recovers rent for the occupation of any apartment or dwelling unit for which a certificate of occupancy has not been obtained or for which necessary fire safety inspections have not been completed prior to the rental thereof in violation of subsection (a) shall be subject to a civil fine of not more than $20 per day per violation for not more than 200 days for such period of unlawful occupation.
(2) Notwithstanding 105 CMR 410.900 of the state sanitary code, any owner or lessor of a structure not occupied by the owner or lessor who refuses entry to any apartment or dwelling unit for the purposes of completing an inspection for the issuance of a certificate of occupancy or fire safety inspection shall receive a warning for the first offense and be subject to a civil fine of not more than $250 for the second offense and $500 for a third or subsequent offense; provided, however, that an owner or lessor may not be subject to an escalated penalty if the owner or lessor has shown good faith in complying with this section. All fines imposed pursuant to this paragraph and unpaid after 45 days shall become a lien upon the property, which shall have priority over all other liens.
(3) Notwithstanding 105 CMR 410.900 of the state sanitary code, any owner or lessor of a structure who refuses entry to any apartment or dwelling unit of a structure that is occupied by the owner or lessor for the purposes of completing an inspection for the issuance of a certificate of occupancy or fire safety inspection shall receive a warning for the first offense and be subject to a civil fine of not more than $100 for the second offense and $250 for a third or subsequent offense; provided, however, that an owner or lessor may not be subject to an escalated penalty if the owner or lessor has shown good faith in complying with this section. All fines imposed pursuant to this paragraph and unpaid after 45 days shall become a lien upon the property, which shall have priority over all other liens.
(4) Fifty per cent of any fine collected pursuant to this subsection shall be deposited in a fund established for each municipality collecting such fine to be used for inspections for the issuance of a certificate of occupancy or fire safety inspection and the remaining 50 per cent of any fine collected shall be deposited in the tenant fire safety trust fund established pursuant to section 7 of section 22D.
SECTION 3. Section 99 of chapter 175 of the General Laws, as so appearing in the 2018 Official Edition, is hereby amended by striking out clause fifteenth A and inserting in place thereof the following clause:- Fifteenth A, Every policy which insures multi-unit residential property against loss or damage by fire shall provide additional benefits, by endorsement attached to the policy, up to a limit of $750, without deductible, for each rental unit to cover the actual costs of relocation of any tenant or lawful occupant displaced by fire or by damage resulting from fire; provided, however, that every policy which insures a multi-unit residential property containing 6 or more units against loss or damage by fire shall provide additional benefits, by endorsement attached to the policy, of not less than $1,500, without deductible, for each rental unit to cover the actual costs of relocation of any tenant or lawful occupant displaced by fire or by damage resulting from fire.
The actual costs of relocation shall include, but not be limited to, hotel room rental, a security deposit and first month's rent for a new rental unit if the security deposit or last month's rent is not already due and owing from the landlord to the tenant, clothing replacement, furniture replacement and other reasonable costs and living expenses as a result of being displaced or damaged by fire. Benefits under this clause shall be paid by the insurer to the tenant or lawful occupant after taking into account benefits available under any other policy. The terms and conditions of such clause shall be approved or prescribed by the commissioner. The landlord or lessor of the property shall notify each tenant or lawful occupant in writing of the benefits payable under this clause at the beginning of the lease or tenancy period. A waiver of this provision in any lease or other rental agreement shall be void and unenforceable.
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An Act to promote rehabilitation including guaranteed health, treatment, and safety for incarcerated LGBTQI+ People
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H2357
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HD3099
| 193
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T14:35:44.35'}
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[{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T14:35:44.35'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-22T08:31:28.94'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-22T08:31:28.94'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:12:53.59'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-02T19:35:20.0266667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-02T19:35:20.0266667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-07T08:43:32.0333333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-04T14:39:26.9866667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T09:29:10.98'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-15T16:20:17.0466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-05T10:18:59.42'}]
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{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T14:35:44.35'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2357/DocumentHistoryActions
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Bill
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By Representatives Lewis of Framingham and Montaño of Boston, a petition (accompanied by bill, House, No. 2357) of Jack Patrick Lewis, Samantha Montaño and others for legislation to promote rehabilitation including guaranteed health, treatment and safety for incarcerated LGBTQI+ persons. Public Safety and Homeland Security.
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SECTION 1. Section 13 of chapter 125 of the General Laws is hereby amended by adding the following paragraph:-
The superintendent of each state correctional facility and administrator of each county correctional facility shall designate 1 staff member as the LGBTQI+ coordinator. The LGBTQI+ coordinator shall:
(i) ensure compliance with housing compatibility standards;
(ii) coordinate education, employment, and program placement for incarcerated persons who are LGBTQI+, as defined in section 1 of chapter 127;
(iii) support self-facilitated LGBTQ+ groups and leisure activities as defined in section 32C;
(iv) after consulting with incarcerated persons, ensure at least one periodical is available in each institutional library pertaining to living well with HIV and at least one periodical pertaining to the LGBTQI+ community, and
(v) perform other necessary responsibilities. The LGBTQI+ coordinator shall be a Correctional Program Officer employed by the Massachusetts Department of Correction or a licensed clinical social worker in houses of correction.
SECTION 2. Section 1 of chapter 127 of the General Laws, and section 1 of chapter 125 as so appearing, is hereby amended by inserting the following definitions:-
“LGBTQI+”, lesbian, gay, bisexual, transgender, queer, intersex or not conforming to a specific gender identity or sexual orientation.
"General Population", any housing placement where an incarcerated person is not held in restrictive housing. In no event shall any general population unit have conditions that are similar to or more restrictive than restrictive housing. General population conditions shall ensure an incarcerated person’s reasonable access to: out of cell time; programming, education, the yard, gym, and other recreational spaces; the law library; religious services; canteen; all personal property; visitation, including both the total available visitation time and the opportunity for contact visits; telephones and video visits; opportunities to earn a wage, and opportunities to earn good time, as available in the facility. All such access shall be maximized as much as possible.
“Incarcerated Person”, inmate, prisoner, or detainee.
“Consensual”, free from fraud, force, or coercion; provided, however, that any sexual contact or relations between correctional officers and incarcerated persons shall not be deemed consensual.
SECTION 3. Said chapter 127, as so appearing, is hereby amended by inserting after section 21 the following section:-
Section 21A. Upon intake at a correctional facility, each incarcerated person shall be provided an opportunity to voluntarily disclose their sexual orientation and gender identity, provided further that an incarcerated person may also disclose this information at any time during their incarceration. The correctional facility shall document the information which shall be made available to the LGBTQI+ coordinator, staff persons who use the information for classification purposes and any other purpose related to implementing the National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA), and any other staff persons designated by the commissioner of correction or sheriff; provided, however, that the commissioner and sheriffs shall minimize access to sensitive information. Aggregated data on the number of incarcerated persons who voluntarily disclosed their sexual orientation and gender identity shall be made publicly available on an annual basis for each correctional facility; provided, however, that the report shall not include any personally identifiable information.
SECTION 4. Section 22 of said chapter 127, as so appearing, is hereby amended by adding the following paragraph:-
Upon intake at a correctional facility, each incarcerated person shall be provided an opportunity to voluntarily disclose personally held homophobic or transphobic sentiments, provided further that the incarcerated person may also disclose this information at any time during their incarceration. The correctional facility shall document the information, whether it is provided by the incarcerated person or observed by facility staff at any time. Anyone who discloses, is reasonably believed to harbor, or demonstrates behavior consistent with homophobic or transphobic sentiments shall not be housed in the same cell as someone who identifies as LGBTQI+ or who may be perceived as LGBTQI+; provided that no person shall be punished for disclosure or nondisclosure of such information. Information obtained consistent with this section shall not be shared with the Department of Probation or the Parole Board. Aggregated data on the number of incarcerated persons who disclose, are reasonably believed to harbor, or demonstrate behavior consistent with homophobic or transphobic sentiments shall be made publicly available on an annual basis for each correctional facility; provided, however, that the report shall not include any personally identifiable information.
SECTION 5. Said chapter 127, as so appearing, is hereby amended by inserting after section 32A the following 3 sections:-
Section 32B. For the purposes of this section, the term “superintendent” shall mean the superintendent of each state correctional facility and administrator of each county correctional facility.
Each correctional facility shall make publicly available on their websites anonymized data, aggregated annually, no later than June 30, that is required by Standard 115.87 of the National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act, 28 C.F.R. Part 115, promulgated pursuant to the federal Prison Rape Elimination Act of 2003, codified in 34 U.S.C. §§ 30301 to 30309, inclusive, hereinafter the PREA Standards, publicly available on their website.
For each PREA investigation conducted, the correctional facility shall make publicly available on their website the factual basis for each PREA investigation, including, but not limited to, whether it was initiated by staff, an incarcerated person, or a third party; a detailed description of the alleged incident, whether the investigated behavior was consensual, and the general location of the alleged incident, evidence relied upon to determine final investigatory outcomes, and any actions taken to respond to the allegation.
Furthermore, the department will report on the race, age, disability status, sexual orientation, and gender identity of incarcerated persons involved delineated by whether they were a victim, perpetrator, or consensual party to said investigation; provided however, that the detailed description of the complaint shall not include any personally identifiable information of incarcerated persons.
Annually, each correctional facility shall make publicly available on their website the incident-based data that would be necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the Department of Justice; provided, however, that the data shall not include any personally identifiable information of incarcerated persons. All formal or informal institutional grievances and federal Americans With Disabilities Act requests related to sexual abuse or the general wellbeing of LGBTQI+ persons and those living with HIV shall be redacted and made publicly available on each correctional facility’s website.
Section 32C. (a) Notwithstanding any general law or special law to the contrary, the state auditor shall be provided with access to all PREA-related records, including, but not limited to, all information contained in each facility’s PREA database and any information provided to any PREA auditor before, during or after a PREA audit, including documents or records reviewed on-site. The state auditor shall also be provided access to all state prisons and houses of correction in the commonwealth and shall be allowed to privately interview incarcerated people, and staff to the extent practicable. (b) The state auditor shall prepare an annual report, produced not later than February 1, analyzing risk factors and systemic issues regarding sexual abuse in state prisons and houses of correction, as well as specific recommendations to improve outcomes. The state auditor shall submit its annual report to the governor, the attorney general and the joint committee on the judiciary, and the report shall be publicly available.
Section 32D. Each correctional facility shall provide meaningful opportunities for LGBTQI+ incarcerated persons to:
(i) congregate;
(ii) form and self-facilitate self-help or support groups;
(iii) receive LGBTQI+ themed literature in the institutional library, including one commonly read periodical about living well with HIV and one commonly read periodical about the LGBTQI+ community; (iv) watch LGBTQI+ movies free of charge; and
(v) celebrate June as Pride month. Provided further, each correctional facility shall allow visitors to participate in subsection (ii) and subsection (v).
Section 39A of said chapter 127, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
SECTION 6. Section 38F of said chapter 127, as so appearing, is hereby amended by striking out Section 38F and inserting in place thereof the following:-
Section 38F. An incarcerated person shall not file any claim that may be the subject of a grievance under section 38E unless the incarcerated person has exhausted the administrative remedy established pursuant to said section 38E; but the court shall consider such claim if a final administrative resolution of a grievance filed pursuant to said section 38E has not been decided within 180 days from the date of filing such a grievance, or if the incarcerated person can demonstrate to the court that exigent circumstances exist which, if delayed pursuant to the requirements of this section, would jeopardize the life or seriously impair the health of the incarcerated person, or, for actions seeking equitable relief; or if the claim by an incarcerated person is directly related to sexual abuse, serious bodily harm, or medical issues.
SECTION 7. Section 39A of said chapter 127, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) The fact that an incarcerated person identifies as LGBTQI+ shall not be grounds for involuntary placement in restrictive housing or involuntary removal from the general population, provided however, that an incarcerated person who identifies as LGBTQI+ may request to be removed from the general population for their own safety at any time.
SECTION 8. Section 39A of said chapter 127, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following 4 subsections:-
(f) No incarcerated person shall be placed in restrictive housing, removed from general population, or disciplined in any way for reporting in good faith an act of sexual abuse, provided that an incarcerated person may request to be removed from general population for their own safety at any time.
(g) Any incarcerated person that engages in consensual sexual activity shall not be removed from general population. Provided further, such behavior shall not be grounds for removal of visitation, or phone privileges, provided further, any guilty finding on a disciplinary report for consensual sexual activity shall not be used in determining the classification status or parole eligibility of an incarcerated person.
(h) Affectionate, non-sexual contact between incarcerated persons, including but not limited to handshakes, hugs, touching of another's hair and other forms of non-sexual contact, shall not be subject to disciplinary action, nor shall such incidents be used as a basis to punish or penalize an incarcerated person in any way.
(i) An incarcerated person shall not be confined to restrictive housing except pursuant to section 39 or this section.
SECTION 9. Section 16 of said chapter 127, as so appearing, is hereby amended by adding the following 3 sections:
16A: Each correctional facility shall ensure that an incarcerated person that requests access to medication to prevent the transmission of HIV be provided such medication at no cost to the incarcerated person, provided further, that reasons for requesting said medication shall be kept confidential between the medical provider and incarcerated person and not be shared with security or administrative staff, provided however, that said medication shall only be provided if clinically appropriate.
16B: Each correctional facility shall ensure that any incarcerated person prescribed medication to prevent the transmission of HIV or to control and manage HIV, whether held on pre-trial or committed status, shall be provided a thirty day supply upon release from custody.
16C: Each correctional facility shall ensure that an incarcerated person prescribed medication to control and manage HIV shall be permitted to keep said medication on their person or in their cell to ensure regular and timely dosage of said medication.
SECTION 10. Section 32A of said chapter 127, as so appearing, is hereby amended by adding the following sentence:-
Any incarcerated person with a gender dysphoria diagnosis shall also be housed in a single occupancy cell, unless they request otherwise, provided that the facility is at or below 90% occupancy on the day of assignment.
SECTION 11. Said chapter 127 is hereby amended by inserting after section 39H the following section:-
Section 39I. The Commissioner and sheriffs shall ensure that all mental health providers within their facilities, hired or contracted, are trained in and can demonstrate cultural competency in working with LGBTQI+ individuals.
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An Act updating the Massachusetts assault weapons ban
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H2358
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HD2759
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T16:07:37.38'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T16:07:37.38'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T16:07:37.6'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:39:50.96'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:14:13.26'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T10:08:13.7733333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:37:26.2733333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:55:44.1766667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:11:09.55'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:44:31.7666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:12:35.3433333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T08:55:15.9366667'}]
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{'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-19T16:07:37.38'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2358/DocumentHistoryActions
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Bill
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By Representatives Linsky of Natick and Lewis of Framingham, a petition (accompanied by bill, House, No. 2358) of David Paul Linsky, Jack Patrick Lewis and others relative to the assault weapons ban. Public Safety and Homeland Security.
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SECTION 1. Section 120 of chapter 140 of the General laws is hereby amended by striking out “Repealed” and inserting in place thereof the following:
Section 120. Assault weapon definitions.
(1) “Assault weapon” means any of the following, except as provided in subsection (2) of this subsection:
(A) A semiautomatic rifle that has the capacity to accept a detachable magazine, or that may be readily modified to accept a detachable magazine, and has one or more of the following:
(i) A pistol grip, thumbhole stock, or any other characteristic that can function as a grip;
(ii) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(iii) A folding, telescoping, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of the weapon;
(iv) A flash suppressor;
(v) A grenade launcher;
(vi) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel.
(B) A semiautomatic rifle that has a fixed large capacity feeding device, as defined in section 121.
(C) A .50 caliber rifle.
(D) A semiautomatic pistol that has the capacity to accept a detachable magazine, or that may be readily modified to accept a detachable magazine, if the firearm has one or more of the following:
A threaded barrel;
A second pistol grip, or another feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
A flash suppressor;
The capacity to accept a detachable magazine at some location outside of the pistol grip;
A manufactured weight of 50 ounces or more when unloaded; or
A buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder.
(E) A semiautomatic pistol that has a fixed large capacity feeding device, as defined in section 121.
(F) Any shotgun with a revolving cylinder.
(G) A semiautomatic shotgun that has one or more of the following:
(i) A pistol grip, thumbhole stock, or any other characteristic that can function as a grip;
(ii) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand;
(iii) ; A folding, telescoping, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability of the weapon
(iv) A grenade launcher;
(v) A fixed magazine with the capacity to accept more than five rounds; or
(vi) The capacity to accept a detachable magazine.
(H) Any semiautomatic firearm that has the capacity to accept a belt ammunition feeding device.
(I) Any firearm which has been modified to be operable as an assault weapon as defined herein.
(J) Any part or combination of parts designed or intended to convert a firearm into an assault weapon, including any combination of parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
(K) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon:
(i) All AK types, including the following:
(I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM.
(II) IZHMASH Saiga AK.
(III) MAADI AK47 and ARM.
(IV) Norinco 56S, 56S2, 84S, and 86S.
(V) Poly Technologies AK47 and AKS.
(VI) SKS with a detachable magazine.
(ii) All AR types, including the following:
(I) AR–10.
(II) AR–15.
(III) Alexander Arms Overmatch Plus 16.
(IV) Armalite M15 22LR Carbine.
(V) Armalite M15–T.
(VI) Barrett REC7.
(VII) Beretta AR–70.
(VIII) Black Rain Ordnance Recon Scout.
(IX) Bushmaster ACR.
(X) Bushmaster Carbon 15.
(XI) Bushmaster MOE series.
(XII) Bushmaster XM15.
(XIII) Chiappa Firearms MFour rifles.
(XIV) Colt Match Target rifles.
(XV) CORE Rifle Systems CORE15 rifles.
(XVI) Daniel Defense M4A1 rifles.
(XVII) Devil Dog Arms 15 Series rifles.
(XVIII) Diamondback DB15 rifles.
(XIX) DoubleStar AR rifles.
(XX) DPMS Tactical rifles.
(XXI) DSA Inc. ZM–4 Carbine.
(XXII) Heckler & Koch MR556.
(XXIII) High Standard HSA–15 rifles.
(XXIV) Jesse James Nomad AR–15 rifle.
(XXV) Knight’s Armament SR–15.
(XXVI) Lancer L15 rifles.
(XXVII) MGI Hydra Series rifles.
(XXVIII) Mossberg MMR Tactical rifles.
(XXIX) Noreen Firearms BN 36 rifle.
(XXX) Olympic Arms.
(XXXI) POF USA P415.
(XXXII) Precision Firearms AR rifles.
(XXXIII) Remington R–15 rifles.
(XXXIV) Rhino Arms AR rifles.
(XXXV) Rock River Arms LAR–15 or Rock River Arms LAR–47.
(XXXVI) Sig Sauer SIG516 rifles and MCX rifles.
(XXXVII) Smith & Wesson M&P15 rifles.
(XXXVIII) Stag Arms AR rifles.
(XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles.
(XL) Uselton Arms Air-Lite M–4 rifles.
(XLI) “WEE1 Tactical JR-15 rifle
(XLII) Windham Weaponry AR rifles.
(XLIII) WMD Guns Big Beast.
(XLIV) Yankee Hill Machine Company, Inc. YHM–15 rifles.
(iii) Barrett M107A1.
(iv) Barrett M82A1.
(v) Beretta CX4 Storm.
(vi) Calico Liberty Series.
(vii) CETME Sporter.
(viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C.
(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
(x) Feather Industries AT–9.
(xi) Galil Model AR and Model ARM.
(xii) Hi-Point Carbine.
(xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC.
(xiv) IWI TAVOR, Galil ACE rifle.
(xv) Kel-Tec Sub-2000, SU–16, and RFB.
(xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX.
(xvii) Springfield Armory SAR–48.
(xviii) Steyr AUG.
(xix) Sturm, Ruger & Co. LC Carbine
(xx) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF.
(xxi) All Thompson rifles, including the following:
(I) Thompson M1SB.
(II) Thompson T1100D.
(III) Thompson T150D.
(IV) Thompson T1B.
(V) Thompson T1B100D.
(VI) Thompson T1B50D.
(VII) Thompson T1BSB.
(VIII) Thompson T1–C.
(IX) Thompson T1D.
(X) Thompson T1SB.
(XI) Thompson T5.
(XII) Thompson T5100D.
(XIII) Thompson TM1.
(XIV) Thompson TM1C.
(xxii) UMAREX UZI rifle.
(xxiii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.
(xxiv) Valmet M62S, M71S, and M78.
(xxv) Vector Arms UZI Type.
(xxvi) Weaver Arms Nighthawk.
(xxvii) Wilkinson Arms Linda Carbine.
(L) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
(i) All AK types, including the following:
(I) Centurion 39 AK pistol.
(II) CZ Scorpion pistol.
(III) Draco AK–47 pistol.
(IV) HCR AK–47 pistol.
(V) IO Inc. Hellpup AK–47 pistol.
(VI) Krinkov pistol.
(VII) Mini Draco AK–47 pistol.
(VIII) PAP M92 pistol.
(IX) Yugo Krebs Krink pistol.
(ii) All AR types, including the following:
(I) American Spirit AR–15 pistol.
(II) Bushmaster Carbon 15 pistol.
(III) Chiappa Firearms M4 Pistol GEN II.
(IV) CORE Rifle Systems CORE15 Roscoe pistol.
(V) Daniel Defense MK18 pistol.
(VI) DoubleStar Corporation AR pistol.
(VII) DPMS AR–15 pistol.
(VIII) Jesse James Nomad AR–15 pistol.
(IX) Olympic Arms AR–15 pistol.
(X) Osprey Armament MK–18 pistol.
(XI) POF USA AR pistols.
(XII) Rock River Arms LAR 15 pistol.
(XIII) Uselton Arms Air-Lite M–4 pistol.
(iii) Calico pistols.
(iv) DSA SA58 PKP FAL pistol.
(v) Encom MP–9 and MP–45.
(vi) Heckler & Koch model SP–89 pistol.
(vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9.
(viii) IWI Galil Ace pistol, UZI PRO pistol.
(ix) Kel-Tec PLR 16 pistol.
(x) All MAC types, including the following:
(I) MAC–10.
(II) MAC–11.
(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
(IV) Military Armament Corp. Ingram M–11.
(V) Velocity Arms VMAC.
(xi) Sig Sauer P556 pistol.
(xii) Sites Spectre.
(xiii) All Thompson types, including the following:
(I) Thompson TA510D.
(II) Thompson TA5.
(xiv) All UZI types, including Micro-UZI.
(M) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
(i) DERYA Anakon MC–1980, Anakon SD12.
(ii) Doruk Lethal shotguns.
(iii) Franchi LAW–12 and SPAS 12.
(iv) All IZHMASH Saiga 12 types, including the following:
(I) IZHMASH Saiga 12.
(II) IZHMASH Saiga 12S.
(III) IZHMASH Saiga 12S EXP–01.
(IV) IZHMASH Saiga 12K.
(V) IZHMASH Saiga 12K–030.
(VI) IZHMASH Saiga 12K–040 Taktika.
(v) Streetsweeper.
(vi) Striker 12.
(2) “Assault weapon” does not include:
(A) Any weapon that has been made permanently inoperable;
(B) An antique firearm, rifle, or shotgun manufactured before 1899, or a replica of an antique;
(C) A firearm, rifle, or shotgun that is manually operated by bolt, pump, lever or slide action, unless the weapon is a shotgun with a revolving cylinder.
(3) “Detachable magazine” means an ammunition feeding device that may be removed from a firearm, rifle, or shotgun without disassembly of the firing action, including an ammunition feeding device that may be readily removed from a firearm, rifle, or shotgun with the use of a bullet, cartridge, accessory, or other tool, or any other object that functions as a tool.
(4) “Fixed magazine” means an ammunition feeding device that is permanently attached to a firearm, rifle, or shotgun, or contained in and not removable from a firearm, rifle, or shotgun, or that is otherwise not a detachable magazine, but does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
(5) “.50 caliber rifle” means:
(i) A rifle capable of firing a centerfire cartridge in .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG and any other metric equivalent; or
(ii) A copy or duplicate of any rifle described in subparagraph (i) of this paragraph if such rifle is capable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in any combination of bullet, propellant, case or primer.
(6) The term “.50 caliber rifle” does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.
(7) The term “cartridge in .50 BMG caliber” does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition.
SECTION 3. Section 121 of chapter 140 of the General Laws is hereby amended by striking out the definition of “Assault weapon” and inserting in place thereof the following definition:
“Assault weapon”, shall have the meaning provided in section 120.
SECTION 4. Said Section 121 of chapter 140 of the General Laws is hereby further amended by striking the definition of “Large capacity weapon”:
“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single–shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.
SECTION 5. Said Section 121 of chapter 140 of the General Laws is hereby amended by amending the definition of “Machine gun” as follows:
“Machine gun”, a weapon of any description, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, including a submachine gun; provided, however, that “machine gun” shall include bump stocks, trigger cranks, and any other rapid-fire trigger activators.
SECTION 6. Said Section 121 of chapter 140 of the General Laws is hereby amended by inserting the following definition for “Rapid-fire trigger activator”:
“Rapid-fire trigger activator” means:
(A) Any manual, power-driven, or electronic device that is designed to and functions to increase the rate of fire of a semiautomatic firearm, rifle, or shotgun when the device is attached to the weapon;
(B) Any part of a semiautomatic firearm, rifle, or shotgun or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm, rifle, or shotgun by eliminating the need for the operator of the weapon to make a separate movement for each individual function of the trigger; or
(C) Any other device, part, or combination of parts that is designed to and functions to substantially increase the rate of fire of a semiautomatic firearm, rifle, or shotgun above the standard rate of fire for semiautomatic weapons that are not equipped with that device, part, or combination of parts.
SECTION 7. Section 123 of chapter 140 of the General Laws is hereby amended by amending the Second, Seventh, Eighth, Thirteenth, Sixteenth, and Seventeenth Paragraphs as follows:
A license granted under section one hundred and twenty–two shall be expressed to be and shall be subject to the following conditions:—
. . .
Second, That every licensee shall, before delivery of a firearm, rifle or shotgun make or cause to be made a true, legible entry in a sales record book to be furnished by the commissioner of the department of criminal justice information services and to be kept for that purpose, specifying the complete description of the firearm, rifle or shotgun, including the make, serial number, if any, type of firearm, rifle or shotgun, whether sold, rented or leased, the date of each sale, rental or lease, the license to carry firearms number or permit to purchase number and the identification card number in the case of a firearm or the identification card number or the license to carry firearms number in the case of a rifle or shotgun, the sex, residence and occupation of the purchaser, renter or lessee, and shall before delivery, as aforesaid, require the purchaser, renter or lessee personally to write in said sales record book his full name. Said book shall be open at all times to the inspection of the police.
. . .
Seventh, That no delivery of a firearm shall be made to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty–one nor shall any delivery of a rifle or shotgun or ammunition be made to any minor nor to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty–one or a firearm identification card issued under the provisions of section one hundred and twenty–nine B provided, however, that delivery of a firearm by a licensee to a person possessing a valid permit to purchase said firearm issued under the provisions of section one hundred and thirty–one A and a valid firearm identification card issued under section one hundred and twenty–nine B may be made by the licensee to the purchaser’s residence or place of business, subject to the restrictions imposed upon such permits as provided under section 131A.
Eighth, That no firearm shall be sold, rented or leased to a minor or a person who has not a permit then in force to purchase, rent or lease the same issued under section one hundred and thirty–one A, and a firearm identification card issued under the provisions of section one hundred and twenty–nine B, or unless such person has a license to carry firearms issued under the provisions of section one hundred and thirty–one; nor shall any rifle or shotgun be sold, rented or leased to a person who has not a valid firearm identification card as provided for in section one hundred and twenty–nine B, or has a license to carry firearms as provided in section one hundred and thirty–one; and that no machine gun shall be sold, rented or leased to any person who has not a license to possess the same issued under section one hundred and thirty–one.
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Thirteenth, That the current validity of any firearm identification card, license to carry firearms or permit to purchase, rent or lease firearms presented, and that the person presenting said card, license or permit is the lawful holder thereof, shall be verified by the licensee prior to any sale, rental or lease of a rifle, shotgun, firearm or large capacity feeding device; and, upon being presented with such card or license that is expired, suspended or revoked, the licensee shall notify the licensing authority of the presentment of such expired, suspended or revoked card, license or permit; and further, the licensee may take possession of such card or license provided that, in such case, such licensee shall: (i) issue a receipt, in a form provided by the commissioner of the department of criminal justice information services, to the holder thereof which shall state that the holder’s card or license is expired, suspended or revoked, was taken by such licensee and forwarded to the licensing authority by whom it was issued and such receipt shall be valid for the date of issuance for the purpose of providing immunity from prosecution under section 10 of chapter 269 for unlawfully possessing a firearm, rifle or shotgun; (ii) notify the cardholder or licensee of his requirement to renew said card or license; and (iii) forward such expired card or license to the licensing authority forthwith; provided, however, that such licensee shall be immune from civil and criminal liability for good faith compliance with the provisions herein.
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Sixteenth, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to any person any assault weapon or large capacity feeding device, except as authorized by section 131M
Seventeenth, That any licensee from whom a rifle, shotgun, firearm or machine gun is lost or stolen shall report such loss or theft to the licensing authority and the executive director of the criminal history systems board forthwith. Such report shall include a complete description of the weapon, including the make, model, serial number and caliber and whether such weapon is an assault weapon.
SECTION 8. Section 129B of chapter 140 of the General Laws is hereby amended by striking the term “non-large capacity” wherever it appears; replacing the term “large capacity firearm” wherever it appears with “assault weapon”; and otherwise amending subsection (6) as follows:
Subsection (1)(i): “. . . then the applicant’s right or ability to possess a rifle or shotgun shall be deemed restored in the commonwealth with respect to such conviction or adjudication and that conviction or adjudication shall not disqualify the applicant for a firearm identification card;”
Subsection (2): “If the information available to the colonel does not indicate that the possession of a rifle or shotgun by the applicant would be in violation of state or federal law.”
Subsection (6): “A firearm identification card shall not entitle a holder thereof to possess: (i) an assault weapon or large capacity feeding device, except as provided under Section 131 and 131M. A firearm identification card shall not entitle a holder thereof to possess any rifle or shotgun that is, or in such manner that is, otherwise prohibited by law. A firearm identification card issued pursuant to subclause (vi) of clause (1) of section 122D, shall be valid to purchase and possess chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate. Except as otherwise provided by law , a firearm identification card shall not be valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of a rifle or shotgun if such rifle or shotgun is an assault weapon as defined in section 120.”
Subsection (12): “Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a rifle or shotgun whose firearm identification card issued under this section is invalid for the sole reason that it has expired, not including licenses that remain valid under paragraph (9) because the licensee applied for renewal before the license expired but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine. . .”
SECTION 9. Section 130 of chapter 140 of the General Laws is hereby amended as follows:
Whoever sells or furnishes a rifle, shotgun or ammunition to any alien 18 years of age or older who does not hold a permit card issued to that alien pursuant to section 131H or, except as provided in this section or section 131E, whoever sells or furnishes any alien or any person under 18 years of age a rifle, shotgun, machine gun or ammunition, or whoever sells or furnishes to any person under 21 years of age a firearm or ammunition therefor shall have the license to sell firearms, rifles, shotguns, machine guns or ammunition revoked and shall not be entitled to apply for such license for 10 years from the date of such revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment in a state prison for not more than 10 years or by imprisonment in a house of correction for not more than 2½ years or by both such fine and imprisonment.
SECTION 10. Section 131 of chapter 140 of the General Laws is hereby amended by amending paragraphs (a), (b), (c), (e), (j), (o), and (r) as follows:
The issuance and possession of a license to carry firearms shall be subject to the following conditions and restrictions:
(a) A license shall entitle a holder thereof of a license to purchase, rent, lease, borrow, possess and carry: (i) firearms and feeding devices and ammunition therefor, for all lawful purposes; and (ii) rifles and shotguns and feeding devices and ammunition therefor, for all lawful purposes.
(b) The colonel of state police may, after an investigation, grant a license to a club or facility with an on-site shooting range or gallery, which club is incorporated under the laws of the commonwealth for the possession, storage and use of assault weapons, ammunition therefor and large capacity feeding devices for use with such weapons on the premises of the club; provided, however, that not less than 1 shareholder of the club shall be qualified and suitable to be issued a license; and provided further, that such assault weapons and ammunition feeding devices may be used under the club license only by a member that possesses a valid firearm identification card issued pursuant to section 129B or a valid license to carry firearms, or by such other person that the club permits while under the direct supervision of a certified firearms safety instructor or club member who, in the case of a large capacity firearm, possesses a valid license to carry firearms or, in the case of a large capacity rifle or shotgun, possesses a valid license to carry firearms. The club shall not permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images thereof, except by public safety personnel performing in line with their official duties.
No assault weapon or large capacity feeding device shall be removed from the premises except to: (i) transfer the weapon or feeding device to a licensed dealer; (ii) transport the firearm or feeding device to a licensed gunsmith for repair; (iii) target, trap or skeet shoot on the premises of another club incorporated under the laws of the commonwealth and to transport thereto; (iv) attend an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a nationally or state recognized entity that promotes proficiency in or education about semiautomatic weapons and to transport thereto and therefrom; (v) hunt pursuant to chapter 131; or (vi) surrender the weapon or feeding device pursuant to section 129D. Any assault weapon or large capacity feeding device kept on the premises of a lawfully incorporated shooting club shall, when not in use, be secured in a locked container and shall be unloaded during any lawful transport. The clerk or other corporate officer of the club shall annually file a report with the colonel of state police and the commissioner of the department of criminal justice information services listing all assault weapons and large capacity feeding devices owned or possessed under the license. The colonel or a designee may inspect all firearms owned or possessed by the club upon request during regular business hours and the colonel may revoke or suspend a club license for a violation of this chapter or chapter 269 relative to the ownership, use or possession of assault weapons or large capacity feeding devices.
(c) A license to carry firearms shall be valid to own, possess, purchase and transfer rifles and shotguns, consistent with the entitlements conferred by a firearm identification card issued under section 129B.
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(e) Within seven days of the receipt of a completed application for a license to carry or possess firearms, or renewal of same, the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police, who shall within 30 days advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a license to carry or possess firearms. In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files maintained by the department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. The colonel shall inquire of the commissioner of the department of mental health relative to whether the applicant is disqualified from being so licensed. If the information available to the colonel does not indicate that the possession of a firearm by the applicant would be in violation of state or federal law, the colonel shall certify such fact, in writing, to the licensing authority within said 30 day period.
The licensing authority shall also make inquiries concerning the applicant to: (i) the commissioner of the department of criminal justice information services relative to any disqualifying condition and records of purchases, sales, rentals, leases and transfers of weapons or ammunition concerning the applicant; (ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and (iii) the commissioner of the department of mental health relative to whether the applicant is a suitable person to possess firearms or is not a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.
The licensing authority shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such license shall be issued unless the colonel has certified, in writing, that the information available to the colonel does not indicate that the possession of a firearm by the applicant would be in violation of state or federal law.
The licensing authority shall provide to the applicant a receipt indicating that it received the application. The receipt shall be provided to the applicant within 7 days by mail if the application was received by mail or immediately if the application was made in person; provided, however, that the receipt shall include the applicant’s name and address; current license number and license expiration date, if any; the date the licensing authority received the application; the name, address and telephone number of the licensing authority; the agent of the licensing authority that received the application; the type of application; and whether the application is for a new license or a renewal of an existing license. The licensing authority shall keep a copy of the receipt for not less than 1 year and shall furnish a copy to the applicant if requested by the applicant.
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(j)
No license shall be required for the carrying or possession of a firearm known as a detonator and commonly used on vehicles as a signaling and marking device, when carried or possessed for such signaling or marking purposes.
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(o) No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of state police may issue a machine gun license to:
(i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel;
(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.
Clauses (i) and (ii) of this paragraph shall not apply to bump stocks, trigger cranks, and other rapid-fire trigger activators.
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(r) The secretary of the executive office of public safety or the secretary’s designee may promulgate regulations to carry out the purposes of this section.
SECTION 11. Section 131K of chapter 140 of the General Laws is hereby amended by striking “or large capacity weapon, both” from the first sentence, as follows:
Any firearm as defined in section 121, sold within the commonwealth without a safety device designed to prevent the discharge of such weapon by unauthorized users and approved by the colonel of state police...
SECTION 12. Section 131F of chapter 140 of the General Laws is hereby amended as follows:
A temporary license to carry firearms, rifles or shotguns or feeding devices or ammunition therefor, within the commonwealth, shall be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority or to an alien that resides outside the commonwealth for purposes of firearms competition if it appears that the applicant is not a prohibited person and is not determined unsuitable to be issued a license as set forth in section 131.
Such license shall be valid for a period of one year but the colonel may renew such license if such renewal is necessary.
The colonel shall issue such license in accordance with the provisions of section 131 to any resident of the commonwealth for the purposes of sports competition.
A temporary license issued pursuant to this section shall be clearly marked “Temporary License to Carry Firearms” and shall not be used to purchase firearms in the commonwealth as provided in section 131E. The fee for an application for the license shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. A license issued under the provisions of this section to a nonresident who is in the employ of a bank, public utility corporation, or a firm engaged in the business of transferring monies, or business of similar nature, or a firm licensed as a private detective under the provisions of chapter one hundred and forty-seven, and whose application is endorsed by his employer, or who is a member of the armed services and is stationed within the territorial boundaries of the commonwealth and has the written consent of his commanding officer, may be issued for any term not to exceed two years, and said licenses shall expire in accordance with the provisions of section one hundred and thirty-one.
A license, otherwise in accordance with provisions of this section, may be issued to a nonresident employee, whose application is endorsed by his employer, of a federally licensed Massachusetts manufacturer of machine guns to possess within the commonwealth a machine gun for the purpose of transporting or testing relative to the manufacture of machine guns, and the license shall be marked “temporary license to possess a machine gun” and may be issued for any term not to exceed two years and shall expire in accordance with the provisions of section one hundred and thirty-one. SECTION 13. Section 131M of chapter 140 of the General Laws is hereby amended as follows:
Except as provided in subsection (G):
(A) No person shall knowingly manufacture, import, purchase, sell, offer for sale, transfer ownership, or knowingly cause the manufacture, import, purchase, sale, or transfer of ownership of an assault weapon or a large capacity feeding device. Whoever violates the provisions of this subsection (A) shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not more than 15 years, or by both such fine and imprisonment.
(B) No person shall knowingly possess a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. A violation of this subsection (B) shall be punished, for a first offense, by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not more than two years, or by both such fine and imprisonment.
(C) No person shall knowingly possess an assault weapon. A person who lawfully possessed an assault weapon prior to the effective date of this Act shall not be in violation of this subsection if the person does one of the following within 120 days of the effective date of this Act:
(1) If eligible, obtain an assault weapons certification authorizing the person to remain in possession of the assault weapon;
(2) Remove the assault weapon from the Commonwealth of Massachusetts;
(3) Render the assault weapon permanently inoperable or modified such that it is no longer an assault weapon; or
(4) Transfer the assault weapon to a dealer licensed under the provisions of section 122 or to a law enforcement agency.
A violation of this subsection (C) shall be punished, for a first offense, by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not more than 5 years, or by both such fine and imprisonment.
(D) A person who lawfully possessed an assault weapon prior to the effective date of this Act may submit an application for an assault weapons certification to the Department of Criminal Justice Information Services, under oath or affirmation and in a form and manner prescribed by the Department, authorizing the person to possess such an assault weapon in accordance with this section. An assault weapons certification shall not authorize a person to acquire or possess other assault weapons that the person did not lawfully possess prior to the effective date of this Act.
(E) The Department of Criminal Justice Information Services shall issue an assault weapons certification to an applicant who lawfully possessed an assault weapon prior to the effective date of this Act, if the applicant demonstrates all of the following qualifications:
(1) Is at least 21 years of age;
(2) Has a valid Firearm Identification Card or License to Carry for the assault weapon;
(3) Is not legally prohibited from possessing the firearm under Massachusetts or federal law;
(4) Provides the make, model, caliber, and serial number of any assault weapon in the applicant’s possession;
(5) Acknowledges receipt of information and assent to comply with the requirements of subsection (F) regarding conditions and obligations governing the possession and use of assault weapons; and
(6) Provides any other relevant information or acknowledgement requested by the Department.
(F) A person issued an assault weapons certification may possess the assault weapon only:
(1) On private property owned or immediately controlled by the person;
(2) On private property that is not open to the public with the express permission of the person who owns or immediately controls such property;
(3) While on the premises of a licensed gunsmith or a dealer licensed under the provisions of for the purpose of lawful repair;
(D) While engaged in the legal use of the assault weapon at a properly licensed firing range or sport shooting competition venue;
(E) Under the circumstances authorized by subsection (G); or
(F) While traveling to or from these locations, provided that the assault weapon is stored unloaded in a locked container during transport.
(G) The provisions of this section shall not apply to:
The possession by a law enforcement officer for purposes of law enforcement;
The possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
(3) The possession of an assault weapon by a person who lawfully possessed that weapon prior to the effective date of this Act, provided the person obtains an assault weapons certification and only possesses the assault weapon in accordance with this section;
(4) The importation of a large capacity feeding device that was lawfully possessed on September 13, 1994, or of an assault weapon that was lawfully possessed prior to the effective date of this Act, if a person who lawfully owned the device or assault weapon transported the device or assault weapon into the commonwealth only for lawful purposes;
(5) The sale or transfer of an assault weapon or large capacity feeding device to a dealer licensed under the provisions of section 122 or to a law enforcement agency;
(6) Any member of the armed forces of the United States, law enforcement officer, or other government officer or agent, to the extent that such person is otherwise authorized to acquire or possess an assault weapon or large capacity feeding device, and does so while acting within the scope of their duties;
(7) A federally licensed firearms manufacturer that manufactures, sells, or transfers assault weapons or large capacity feeding devices to a law enforcement agency for use by that agency or its employees, to any branch of the armed forces of the United States, or to a military or law enforcement agency of a foreign government approved by the United States State Department;
(8) The sale or transfer of an assault weapon or large capacity feeding device by a dealer licensed under the provisions of section 122 to any branch of the armed forces of the United States, or to a law enforcement agency for use by that agency or its employees for law enforcement purposes;
(9) The temporary transfer of an assault weapon or large capacity feeding device to a licensed gunsmith or a dealer licensed under the provisions of section 122 for the purposes of maintenance, repair, or modification, and the subsequent return of the weapon or device to a lawful owner or recipient;
(10) A dealer licensed under the provisions of section 122 or a club or facility with an on-site shooting range or gallery licensed under subsection (b) of Section 131, who possesses an assault weapon or large capacity feeding device for temporary use by customers exclusively at a shooting range or gallery owned and operated by that licensed dealer, club, or facility, or the temporary possession of an assault weapon or large capacity feeding device by such customers exclusively on the premises of the shooting range or gallery, provided that such conduct is not prohibited by local ordinance or other applicable law;
(11) Any federal, state or local historical society, museum, or institutional collection that is open to the public, provided that the assault weapon or large capacity feeding device is properly housed and unloaded;
(12) Possession or importation of an assault weapon or large capacity feeding device for use exclusively in an established sport shooting competition;
(13) A forensic laboratory, or any authorized agent or employee thereof, for use exclusively in the course and scope of authorized activities;
(14) An entity that operates an armored vehicle business, and an authorized employee of such entity while in the course and scope of employment; or
(15) The possession of an unloaded rifle or shotgun or an unloaded large capacity feeding device by a veteran’s organization chartered by the Congress of the United States, chartered by the commonwealth or recognized as a nonprofit tax-exempt organization by the Internal Revenue Service, or by the members of any such organization when on official parade duty or during ceremonial occasions. For purposes of this subparagraph, an “unloaded rifle or shotgun” and an “unloaded feeding device therefor” shall include any rifle, shotgun, or large capacity feeding device therefor loaded with a blank cartridge or blank cartridges, so-called, which contain no projectile within such blank or blanks or within the bore or chamber of such rifle or shotgun.
SECTION 14. Section 131L of chapter 140 of the General Laws is hereby amended as follows:
(a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, assault weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper–resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. It shall be unlawful to store or keep any stun gun in any place unless such weapon is secured in a locked container accessible only to the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.
(b) A violation of this section shall be punished, in the case of a firearm, rifle or shotgun that is not an assault weapon, by a fine of not less than $1000 nor more than $7,500 or by imprisonment for not more than 1½ years or by both such fine and imprisonment and, in the case of an assault weapon or machine gun, by a fine of not less than $2,000 nor more than $15,000 or by imprisonment for not more than 12 years or by both such fine and imprisonment.
(c) A violation of this section shall be punished, in the case of a rifle or shotgun that is not an assault weapon and the weapon was stored or kept in a place where a person younger than 18 years of age who does not possess a valid firearm identification card issued under section 129B may have access without committing an unforeseeable trespass, by a fine of not less than $2,500 nor more than $15,000 or by imprisonment for not more than 12 years or by both such fine and imprisonment.
(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is an assault weapon, firearm or machine gun that was stored or kept in a place where a person younger than 18 years of age may have access without committing an unforeseeable trespass, by a fine of not less than $10,000 nor more than $20,000 or by imprisonment for not more than 15 years or by both such fine and imprisonment.
(e) A violation of the provisions of this section shall be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a foreseeable trespasser acquired access to a weapon, unless such person possessed a valid firearm identification card issued under section 129B and was permitted by law to possess such weapon, and such access results in the personal injury to or the death of any person.
(f) This section shall not apply to the storage or keeping of any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to the year 1899, or to any replica of any such firearm, rifle or shotgun if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
SECTION 15. Section 131Q of chapter 140 of the General Laws is hereby amended as follows:
A firearm, rifle or shotgun, machine gun or assault weapon used to carry out a criminal act shall be traced by the licensing authority for the city or town in which the crime took place. The licensing authority shall report statistical data, when the data is readily available as determined by the chief of police, including, but not limited to: (i) the make, model, serial number and caliber of the weapon used; (ii) the type of crime committed; (iii) whether an arrest or conviction was made; (iv) whether fingerprint evidence was found on the firearm; (v) whether ballistic evidence was retrieved from the crime scene; (vi) whether the criminal use of the firearm was related to known gang activity; (vii) whether the weapon was obtained illegally; (viii) whether the weapon was lost or stolen; and (ix) whether the person using the weapon was otherwise a prohibited person.
The data shall be reported to the commonwealth fusion center or the criminal firearms and trafficking unit within the division of investigation and intelligence in the department of state police established pursuant to section 6 of chapter 22C. The colonel of state police shall produce an annual report by December 31 of each year regarding crimes committed in the commonwealth using firearms, rifles or shotguns, machine guns or assault weapons, including all of the categories of data contained in this section, and shall submit a copy of the report to the joint committee on public safety and homeland security, the clerks of the house of representatives and the senate and, upon request, to criminology, public policy and public health researchers and other law enforcement agencies.
SECTION 16. Section 15F of chapter 265 of the General Laws is hereby amended by replacing the term “large capacity weapon” with “assault weapon”, as follows:
(a) Whoever attempts to commit an assault and battery upon another by means of discharging a firearm, assault weapon, rifle, shotgun, sawed-off shotgun or machine gun, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not more than 15 years or by imprisonment in the house of correction for not more than 2½ years or by a fine of not more than $10,000, or by both such fine and imprisonment.
SECTION 167. Section 18B of chapter 265 of the General Laws is hereby amended by replacing the term “large capacity weapon” with “assault weapon” wherever it appears, as follows:
Whoever, while in the commission of or the attempted commission of an offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than five years; provided, however, that if such firearm, rifle or shotgun is an assault weapon, as defined in section 120 of chapter 140, or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, as defined in section 121, such person shall be punished by imprisonment in the state prison for not less than ten years. Whoever has committed an offense which may be punished by imprisonment in the state prison and had in his possession or under his control a firearm, rifle or shotgun including, but not limited to, an assault weapon or machine gun and who thereafter, while in the commission or the attempted commission of a second or subsequent offense which may be punished by imprisonment in the state prison, has in his possession or under his control a firearm, rifle or shotgun shall, in addition to the penalty for such offense, be punished by imprisonment in the state prison for not less than 20 years; provided, however, that if such firearm, rifle or shotgun is an assault weapon or if such person, while in the commission or attempted commission of such offense, has in his possession or under his control a machine gun, such person shall be punished by imprisonment in the state prison for not less than 25 years.
A sentence imposed under this section for a second or subsequent offense shall not be reduced nor suspended, nor shall any person convicted under this section be eligible for probation, parole, furlough or work release or receive any deduction from his sentence for good conduct until he shall have served the minimum term of such additional sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this section.
SECTION 18. Section 10 of chapter 269 of the General Laws is hereby amended by striking paragraph (m) as follows:
(m) Section 10F of chapter 269 of the General Laws is hereby repealed:
(a) Any person who sells, keeps for sale, or offers or exposes for sale, gives or otherwise transfers any large capacity weapon or large capacity feeding device, both as defined in section 121 of chapter 140, to a person 18 years of age or over, except as permitted under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. Any person who commits a second or subsequent such crime shall be punished by imprisonment in a state prison for not less than five years nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than two and one-half years for a first offense, nor less than five years for a second or subsequent such offense, nor suspended, nor shall any person convicted under this subparagraph be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subparagraph shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 18 years of age or over charged with a violation of this subparagraph.
(b) Any person who transfers, sells, lends or gives a large capacity weapon or large capacity feeding device to a person under the age of 18, except as permitted under the provisions of chapter 140, shall be punished by imprisonment in a state prison for not less than five nor more than 15 years. The sentence imposed upon such person shall not be reduced to less than five years, nor suspended, nor shall any person convicted under this subparagraph be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he has served five years of such sentence; provided, however, that the commissioner of corrections may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subparagraph shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this subparagraph.
SECTION 20. Section 12D of chapter 269 of the General Laws is hereby amended by replacing the term “large capacity weapon” in subsections (a) and (b) with “assault weapon” wherever it appears, as follows:
(a) Except as exempted or provided by law, no person shall carry on their person on any public way a loaded rifle or shotgun having cartridges or shells in either the magazine or chamber thereof. For purposes of this section, “loaded shotgun or loaded rifle” shall mean any shotgun or rifle having ammunition in either the magazine or chamber thereof, such ammunition including a live cartridge, primer (igniter), bullet or propellant powder designed for use in any firearm, rifle or shotgun and, in the case of a muzzle loading or black powder shotgun or rifle, containing powder in the flash pan, a percussion cap and shot or ball; but the term “loaded shotgun or loaded rifle” shall not include a shotgun or rifle loaded with a blank cartridge, which contains no projectile within such blank or within the bore or chamber of such shotgun or rifle.
Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000 or by imprisonment in the house of correction for not more than two years, or by both such fine and imprisonment, and may be arrested without a warrant; provided, however, that if such rifle or shotgun is an assault weapon, as defined in section 121 120 of chapter 140, such person shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not nor more than ten years, or by both such fine and imprisonment, and may be arrested without a warrant.
(b) Except as exempted or provided by law, no person shall carry on their person on any public way an unloaded rifle or shotgun, unless such rifle or shotgun is enclosed in a case.
Whoever violates the provisions of this subsection shall be punished by a fine of not less than $100 nor more than $1,000, and may be arrested without a warrant; provided, however, that if such unloaded rifle or shotgun is an assault weapon and is carried simultaneously with a fully or partially loaded large capacity feeding device, such person shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and may be arrested without a warrant.
This subsection shall not apply to drills, parades, military reenactments or other commemorative ceremonies, color guards or memorial service firing squads, so-called, as permitted by law.
SECTION 21. Section 58A of chapter 276 of the General Laws is hereby amended by replacing the term “large capacity weapon” with “assault weapon” in subsection (1), as follows:
(1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions for a felony offense that has as an element of the offense the use, attempted use or threatened use of physical force against the person of another or any other felony that, by its nature, involves a substantial risk that physical force against the person of another may result, including the crimes of burglary and arson whether or not a person has been placed at risk thereof, or a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209 A or section 15 or 20 of chapter 209C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A or while an order of protection issued under said chapter 209A was in effect against such person, an offense for which a mandatory minimum term of 3 years or more is prescribed in chapter 94C, arrested and charged with a violation of section 13B of chapter 268 or a charge of a third or subsequent violation of section 24 of chapter 90 within 10 years of the previous conviction for such violation, or convicted of a violent crime as defined in said section 121 of said chapter 140 for which a term of imprisonment was served and arrested and charged with a second or subsequent offense of felony possession of a weapon or machine gun as defined in section 121 of chapter 140, or arrested and charged with a violation of paragraph (a), (c) or (m) of section 10 of chapter 269; provided, however, that the commonwealth may not move for an order of detention under this section based on possession of a large capacity feeding device without simultaneous possession of an assault weapon; or arrested and charged with a violation of section 10G of said chapter 269, section 112 of chapter 266 or section 77 or 94 of chapter 272.
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An Act to prohibit carrying firearms in sensitive places
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H2359
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HD2808
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T16:20:21.977'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T16:20:21.9766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:37:11.4166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T12:03:51.2433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:14:20.3866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T10:05:57.6733333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:37:35.41'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:54:41.9633333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:06:38.64'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-02-02T17:26:30.5666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:16:07.13'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:43:42.2033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:30:47.2966667'}]
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-19T16:20:21.977'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2359/DocumentHistoryActions
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Bill
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By Representatives Linsky of Natick and Vitolo of Brookline, a petition (accompanied by bill, House, No. 2359) of David Paul Linsky, Tommy Vitolo and others for legislation to prohibit carrying firearms in certain sensitive places. Public Safety and Homeland Security.
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Section 10 of Chapter 269 is herby amended by inserting paragraph (p) after the word “shotgun” in line 250 “(p)Criminal possession of a firearm, rifle or shotgun in a sensitive location.
1. Any person who knowingly possesses a firearm, rifle or shotgun in a sensitive location and who is not otherwise prohibited in subsection 3 of this section, shall be punished by not more than two and one-half years in the House of Correction or a fine of not more than $10,000 or both. It shall be a defense to an indictment or complaint made pursuant to this section that the defendant left the premises or removed the firearm from the premises promptly upon discovering or being informed that firearms were prohibited.
2. For the purposes of this section, a sensitive location shall mean:
a. Any place owned or under the control of federal, state, county, municipal or local government, for the purpose of government administration, including courts;
b. Any location providing health, behavioral health, or chemical dependence care or services;
c. Any place of worship or religious observation;
d. Libraries, public playgrounds, public parks, and zoos;
e. The location of any program licensed to provide services to children, youth, or young adults;
f. Nursery schools, preschools and summer camps;
g. The location of any program licensed to provide services for people with developmental disabilities;
h. The location of any program that provides services for addiction;
i. The location of any program that provides services for mental health
j. Homeless shelters, runaway homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, and emergency shelters, and residential programs for victims of domestic violence;
k. In or upon any building or grounds, owned or leased, of any educational institutions, colleges and universities, licensed private career schools, school districts, public schools, private schools, charter schools, non-public schools, board of cooperative educational services, preschool special education programs, private residential or non-residential schools for the education of students with disabilities, and any state-operated or state-supported schools;
l. Any place, conveyance, or vehicle used for public transportation or public transit, subway cars, trains cars, buses, ferries, railroad, omnibus, marine or aviation transportation or any facility used for or in connection with service in the transportation of passengers, airports, train station, subway and rail stations, and bus terminals;
m. Any establishment issued a license for on-premise consumption of alcoholic beverages where alcohol is consumed and any establishment licensed for on-premise consumption;
n. Any place used for performance, art, entertainment, gaming, or sporting events such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, gaming facilities, and video lottery terminal facilities as licensed by the gaming commission;
o. Any location being used as an active polling place
p. Any public sidewalk or other public area restricted from general public access for a limited time or special event that has been issued a permit for such time or event by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, or subject to specific, heightened law enforcement protection, or has otherwise has such access restricted by a government entity, provided such location is identified as such by clear and conspicuous signage;
q. Shopping malls or any parcel of land zoned and used for retail sales by more than one retailer that is jointly operated, or which includes shared parking facilities
3. This section shall not apply to:
a. Consistent with federal law, law enforcement who qualify to carry under the federal law enforcement officers safety act, 18 U.S.C. 926C;
b. Persons who are police officers and are on duty
c. Security guards while at the location of their employment and during their work hours as such a security guard;
d. Active-duty military personnel;
e. A government employee under the express written consent of such employee’s supervising government entity for the purposes of natural resource protection and management;
f. Securely transporting a firearm, rifle or shotgun within a sensitive location for the purpose of lawful transportation
g. Persons operating a program in a sensitive location, as defined by this section, which is licensed, certified, authorized or funded by state municipality, so long as possession is in compliance with any rules or regulations applicable to the operation of such program and use or storage of firearms, rifle or shotgun.
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An Act to establish to an industrial mill building task force
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H236
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HD2181
| 193
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{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:16:20.24'}
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[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:16:20.24'}]
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Bill
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By Representative Smola of Warren, a petition (accompanied by bill, House, No. 236) of Todd M. Smola for legislation to establish an industrial mill building revitalization task force (including members of the General Court) to stimulate the re-development, rehabilitation and revitalization of industrial mill buildings and surrounding areas in the Commonwealth. Community Development and Small Businesses.
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SECTION XXXX. (a) There shall be an industrial mill building revitalization task force to stimulate the re-development, rehabilitation and revitalization of industrial mill buildings and surrounding areas in the commonwealth. The task force shall: (i) review current laws and regulations beneficial the revitalization of mill buildings and surrounding areas, including, but not limited to, federal and state tax incentives and renewable energy production; (ii) create a list of existing mill buildings, their locations, whether they are active or inactive and current uses, if applicable, in the commonwealth; (iii) investigate potential new uses for mill buildings based on market conditions that increase economic development; (iv) identify strategies to improve mill building energy efficiency and prevent further structural and environmental degradation; (v) explore innovative permitting processes, zoning regulations and building codes to encourage redevelopment; and (vi) consider any other action in furtherance of its purpose.
(b) The task force shall consist of the secretary of housing and economic development, or a designee, who shall serve as chair; the secretary of energy and environmental affairs, or a designee; the chairs of the joint committee on economic development and emerging technologies, or their designees; the director of Massachusetts Development Finance Agency, or a designee; 2 members of the house of representatives who represent communities with mill buildings, designated by the speaker of the house of representatives; 2 members of the senate who represent communities with mill buildings, designated by the senate president; the director of the Massachusetts clean energy center, or a designee; 2 residents of the commonwealth who own mill buildings, 1 active and 1 inactive, designated by the chair; 1 representative of a Massachusetts utility company, designated by the chair; 1 representative from an economic development organization, designated by the chair; 3 representatives of Massachusetts planning organizations, 1 of whom shall be from the western region of the state, 1 of whom shall be from the central region of the state and 1 of whom shall be from the eastern region of the state, designated by the chair.
(c) The task force shall submit its report and recommendations, together with drafts of legislation to carry its recommendations into effect, to the chairs of the joint committee on economic development and emerging technologies and the clerks of the house of representatives and the senate not later than August 1, 2023.
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An Act relative to 3D printed guns and ghost guns
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H2360
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HD352
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T13:58:52.137'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T13:58:52.1366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:03:41.17'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-20T11:39:50.8866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:38:05.38'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:07:13.4966667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-26T15:17:57.76'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-10T13:00:49.57'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-25T10:07:46.9966667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-23T14:10:43.88'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:48:44.2566667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T16:21:18.2166667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-14T11:46:27.6433333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:19.7233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:19:36.5066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-12T17:30:12.98'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:33:20.61'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-04-24T10:12:03.9433333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T13:47:34.5966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T15:07:24.0666667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T14:57:45.05'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-04-03T15:48:29.79'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:37:42.2066667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:28:31.2633333'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-02-01T11:01:06.1466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-09T10:06:00.52'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-06-22T11:18:22.1833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T11:44:17.4966667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-05-17T14:43:31.9333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:14:07.5333333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-06-22T14:55:46.9933333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-12T17:09:52.15'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:35:24.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2360/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2360) of David Paul Linsky and others relative to 3D printed weapons and ghost guns. Public Safety and Homeland Security.
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Section 1. Section 121 of Chapter 140 of the General Laws, is hereby amended by inserting after the word “detectors” in line 77, ‘“frame”, the part of a handgun, or variants thereof, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar component prior to initiation of the firing sequence (i.e., sear or equivalent), even if pins or other attachments are required to connect such component to the housing or structure, including any such part (1) that is marketed or sold to the public to be used in an assembled, operable firearm or (2) that can be readily converted for use in an assembled, operable firearm.
Section 2. Section 121 of Chapter 140 of the General Laws is hereby amended by inserting after the word “detectors” in line 77, the following: a firearm shall include any firearm frame or receiver.
Section 3. Section 121 of Chapter 140 of the General Laws is hereby amended by inserting after the word “tense” in line 133, the following: “‘receiver,’ the part of a rifle, shotgun, or projectile weapon other than a handgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments are required to connect such component to the housing or structure, including any such part (1) that is marketed or sold to the public to be used in an assembled, operable firearm or (2) that can be readily converted for use in an assembled, operable firearm. The term shall not include a piece of material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.”
Section 4. Section 121 of Chapter 140 of the General Laws is hereby amended by inserting after the word “lever” in line 165, the following: “‘variant’ and ‘variants thereof’ means a weapon utilizing a similar frame or receiver design irrespective of new or different model designations or configurations, characteristics, features, components, accessories, or attachments.
Section 5. Chapter 140 is hereby amended by inserting the following new Section after Section 122D.
Section 122E.
(a) “assembly” or “assemble” means the fitting together of component parts of a firearm to construct a firearm; but shall not apply to the restoration of antique firearms nor the replacement of existing parts of a completed firearm so long as the parts are properly imprinted with a serial number issued by the Department of Criminal Justice Information Services.
(b) “manufacture” means the newly fabricate or construct a firearm.
(c) No individual shall sell, deliver, or transfer a firearm unless the firearm is required by law to be, and has been, imprinted with a serial number by a licensed importer, manufacturer, or dealer of firearms pursuant to 18 USC 923(i), or with a serial number issued by the by the Department of Criminal Justice Information Services as amended from time to time, and any regulation adopted thereunder within.
(d) No individual shall purchase, obtain, or possess any firearm that is undetectable. "Undetectable firearm” means a firearm that: (1) after removal of all parts other than major components, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (2) includes a major component which, if the firearm were subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component.
"Major component” means the barrel, the slide or cylinder, or the frame or receiver of a firearm.
“Security Exemplar” means the Security Exemplar fabricated in accordance with subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C. § 922
(e) No person shall use a three-dimensional printer to manufacture any firearm, or any part or component that is intended to be used to assemble or manufacture a firearm, unless such person possesses a federal license to manufacture firearms and operates in compliance pursuant to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder within.
(f) No person shall distribute by any means, including the Internet, to a person in Massachusetts who is not registered or licensed as a manufacturer, digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer to manufacture or produce a firearm, magazine, or firearm component if the distributer intends the instructions to be used in commission of an act against the laws of the Commonwealth or knows, or has reason to know, that the person receiving the instructions intends to use them in commission of an act against the laws of the Commonwealth. As used in this subsection: “three-dimensional printer” means a computer or computer-driven machine or device capable of producing a three-dimensional object from a digital model; and “distribute” means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not, and includes an agreement or attempt to distribute.
(g) 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 laws 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 possess 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.
(h) Not later than ninety days after the effective date of this act, an individual who is in possession of a firearm that has not been imprinted with a serial number by the department of criminal justice information services, a licensed importer, manufacturer, or dealer of firearms pursuant to 18 USC 923(i) shall notify the commissioner of the department of criminal justice information services and provide any identifying information concerning the firearm and the owner of such firearm pursuant to Section 128B of Chapter 140, shall apply for a serial number or mark for a firearm pursuant to subsection (g), and within 30 days of receiving such serial number shall imprint or have it imprinted upon the firearm.
(i) No individual shall knowingly, facilitate, aid, or abet the manufacture or assembly of a firearm by an individual or for an individual who is otherwise prohibited by law from owning or possessing a firearm.
(j) The department of criminal justice information services shall promulgate regulations to carry out this section.
(k) The provisions of this section shall not apply to (1) the sale or transfer of a firearm to, or to purchasing, obtaining, or possessing of a firearm by, a federally licensed firearm manufacturer, importer, or dealer, or (2) delivery or transfer of a firearm to a law enforcement agency.
Section 6. Chapter 269 of the Massachusetts General Laws is hereby amended by inserting the following new Section after Section 10K
Section 10L.
(a) Any person who is found to have violated any provision of Chapter 140, Section 122E of the Massachusetts General Laws shall be punished by imprisonment in the state prison for a term of not more than ten years for each offense, or by not more than two and one half years in the House of Correction or by a fine of not more than ten thousand dollars for each offense or by both such imprisonment and fine.
(b) Section 26 of Chapter 218 of the General Laws shall be amended by inserting after the words, “knowing the same to be forged”, the following words:
“a violation of Section 122E of Chapter 140 of the General Laws.”
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An Act banning semi-automatic firearms
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H2361
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HD353
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:02:16.293'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:02:16.2933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:02:27.4833333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T16:21:09.1833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-03T14:46:52.57'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:40:48.6366667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:06:54.01'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-05T15:40:39.22'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:26.88'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T10:06:56.83'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-25T14:37:59.4733333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:35:12.2366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T15:07:11.35'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:39:53.4733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-05-04T15:32:14.84'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T10:30:41.75'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:27:11.64'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:14:19.8933333'}]
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2361) of David Paul Linsky and others relative to banning semi-automatic firearms. Public Safety and Homeland Security.
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SECTION 1. Subsection (b) of section 61 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the words “assault weapon”, in line 13, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 2. Section 121 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Assault weapon”.
SECTION 3. Said section 121 of said chapter 140, as so appearing, is hereby amended by striking out the definition of “Large capacity weapon” and inserting in place thereof the following definition:-
“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) any rifle or shotgun containing a semiautomatic mechanism. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.
SECTION 4. Section 123 of said chapter 140, as so appearing, is hereby amended by striking out the words “assault weapon”, in lines 146 and 147, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 5. Section 131M of said chapter 140, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 2, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 6. Said section 131M of said chapter 140, as so appearing is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The provisions of this section shall not apply to: (i) the possession by a law enforcement officer, as defined in section 1 of chapter 6E or (ii) the possession by an individual who is employed by a state or federal government agency and is not otherwise prohibited from receiving such a weapon or feeding device from such state or federal government agency.
SECTION 7. Section 131Q of chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the words “assault weapon”, each time they appear, and inserting in place thereof, in each instance, the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 8. Section 17 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, each time they appear, and inserting in place thereof, in each instance, the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 9. Section 18 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, each time they appear, and inserting in place thereof, in each instance, the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 10. Section 18A of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 8, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 11. Section 21A of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 15, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 12. Subsection (b) of section 22 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in lines 28 to 29, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 13. Section 24B of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 9, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 14. Section 26 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, each time they appear, and inserting in place thereof, in each instance, the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 15. Subsection (b) of section 39 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 22, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 16. Section 14 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 10, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 17. Section 17 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 7, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 18. Section 18 of chapter 266 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 9, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 19. Paragraph (1) of subsection (b) of section 14 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon, as defined in section 121 of chapter 140”, in line 15, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 20. Subsection (b) of section 25 of chapter 279 of the General Laws, as so appearing, is hereby amended by striking out the words “assault weapon”, in line 18, and inserting in place thereof the following words:- any rifle or shotgun containing a semiautomatic mechanism.
SECTION 21. This act shall take effect 1 year after passage.
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An Act establishing an institute within the Department of Public Health
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H2362
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HD355
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:03:14.92'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:03:14.92'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:02:58.3366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T16:21:04.34'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:06:33.78'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T12:21:31.1066667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:34:17.5766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T15:08:05.0566667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:35:49.1666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:29:06.3133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:12:46.9433333'}]
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2362) of David Paul Linsky and others for legislation to establish a firearm violence institute within the Department of Public Health. Public Safety and Homeland Security.
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Chapter 140 of the General Laws is hereby amended by inserting after Section 131 the following section:-
Section 1317/8. The governor shall establish the Commonwealth of Massachusetts firearm violence institute, herein referred to as the institute, within the department of public health subject to appropriations. The purposes of the institute shall include: (1) advising the governor, governmental agencies, and the legislature on matters relating to firearm violence in the Commonwealth of Massachusetts; (2) fostering, pursuing, and sponsoring collaborative firearm violence research; (3) increasing understanding by establishing reporting on what is known and what is not known about firearm violence of the state; (4) identifying priority needs for firearm violence research and inventory work within the Commonwealth of Massachusetts that currently are not receiving adequate attention, and identifying public or private entities that are best situated to address such needs, thereby leading to better coordination of firearm violence research efforts in the state; (5) promoting awareness of existing and new sources of firearm violence information and firearm violence while educating the elected officials, governmental agencies, and the general public on firearm violence issues through such means as it may determine; (6) organizing and sponsoring meetings on firearm violence topics; (7) raising sensitivity to firearm violence concerns among state and local government agencies, and serving as a forum for enhanced interagency information sharing and cooperation; (8) working on a continuing basis with policymakers in the legislature and state agencies to identify, implement, and evaluate innovative firearm violence prevention policies and programs; (9) supplementing its own research by administering a small grants program for research on firearm violence, which shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality; and (10) providing copies of their research publications to the legislature and to agencies supplying data used in the conduct of such research as soon as is practicable following publication. The institute shall be guided by an executive committee, which shall consist of 15 members, 1 of whom will be the commissioner of the department of criminal justice information services or their designee, 1 of whom will be the commissioner of the department of public health or their designee, 7 of whom will be at large members appointed by the governor whereby 1 of whom shall be chairperson, 2 of whom will be appointed by the president of the senate, 1 of whom shall be appointed by the minority leader of the senate, 2 of whom shall be appointed by the speaker of the house, and 1 of whom shall be appointed by the minority leader of the house. Appointed members shall serve for a term of 3 years, provided that such members may be reappointed. The institute shall have a director who shall be appointed by the executive committee and shall after appointment be an employee of the department of public health. The institute director shall serve at the pleasure of the executive committee and serve as the chief administrative officer of the institute and provide the necessary support for the executive committee. The executive committee shall: (1) adopt policies, procedures, and criteria governing the programs and operations of the institute; (2) recommend to the governor and legislature appropriate actions to deal with firearm violence within the state; (3) develop and implement the research, education, and information transfer programs of the institute; (4) identify and rate proposals for firearm violence research; and (5) meet publicly at least twice a year, giving at least 2 weeks notice prior to each meeting. The institute shall foster, pursue, and sponsor basic, translational, and transformative research, field studies, and all other such activities to research: (1) the nature of firearm violence, including individual and societal determinants of risk for involvement in firearm violence, whether as a victim or a perpetrator; (2) the individual, community, and societal consequences of firearm violence; (3) the prevention and treatment of firearm violence at the individual, community, and societal levels; and (4) the effectiveness of existing laws and policies intended to reduce firearm violence, including the criminal misuse of firearms, and efforts to promote responsible ownership and use of firearms. The institute shall foster the collection, transfer, and application of firearm violence information in the state by fostering access, compatibility, interchange, and synthesis of data about firearm violence maintained by public entities, academic and research institutions, and private organizations. The institute shall prepare and submit a report every year to the governor and the legislature describing programs undertaken or sponsored by the institute, the status of knowledge regarding the state’s firearm violence, and research needs related thereto.
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An Act to close the large capacity magazine loophole
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H2363
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HD357
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:06:10.533'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:06:10.5333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:03:21.45'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T16:23:41.22'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:06:10.3266667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:14:35.77'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:40.1766667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:33:53.0466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T15:04:06.21'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:40:19.2266667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:33:42.81'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:27:21.1433333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-06-14T16:16:51.7166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:13:11.52'}]
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2363) of David Paul Linsky and others relative to the sale, transfer, or possession of large capacity ammunition gun feeding devices. Public Safety and Homeland Security.
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SECTION 1. Section 131M of Chapter 140 of the General Laws, is hereby amended by inserting after the second paragraph the following paragraphs:-
Any person who lawfully possesses a large capacity feeding device, pursuant to this section, prior to January 1, 2024, shall apply by January 1, 2024, or if such person is a member of the military or naval forces of this state or of the United States and is unable to apply by January 1, 2024, because such member is or was on official duty outside of this state, shall apply within 90 days of returning to the state, to the executive offices of public safety and security to declare possession of such large capacity feeding device. Such application shall be made on such form or in such manner as the executive offices of public safety and security prescribes.
A large capacity feeding device may be possessed, purchased, or imported by the following for official duty purposes: (1) police departments, the department of corrections, the department of criminal justice information services, the department of energy and environmental protection, or the military or naval forces of this state or of the United States; and (2) any person, firm, or corporation engaged in the business of manufacturing large capacity feeding devices in this state that manufactures, purchases, tests, or transports large capacity feeding devices in this state for sale within this state to persons specified in subdivision (1), or for sale outside this state. No persons as outlined above who lawfully possesses a large capacity feeding device for official duties shall be required to declare possession of a large capacity feeding device as pursuant to this section, except that any such person who retires or is otherwise separated from service who possesses a large capacity feeding device that was purchased or obtained by such person for official use before such person retired or separated from service shall declare possession of the large capacity feeding device within 90 days of such retirement or separation from service to the executive office of public safety and security.
A large capacity feeding device may be possessed by: (1) a licensed gun dealer; and (2) a gunsmith who is in a licensed gun dealers’ employ, who possesses such large capacity feeding device for the purpose of servicing or repairing a lawfully possessed large capacity feeding device; any person who has declared possession of the large capacity feeding device pursuant to this section.
The executive office of public safety and security may adopt regulations to establish procedures with respect to applications under this section. The name and address of a person who has declared possession of a large capacity feeding device shall be confidential and shall not be disclosed, except such records may be disclosed to: (1) law enforcement agencies and employees of the United States probation office acting in the performance of their duties and parole officers within the department of corrections acting in the performance of their duties; and (2) the department of mental health.
Any person who moves into the state, except for a member of the military or naval forces of this state or of the United States, in lawful possession of a large capacity feeding device shall, within 90 days, apply to the executive office of public safety and security to declare possession of such large capacity feeding device.
If an owner of a large capacity feeding device transfers the large capacity feeding device to a licensed gun dealer, such dealer shall, at the time of delivery of the large capacity feeding device, executive a certificate of transfer, and mail or deliver the certificate to the executive office of public safety and security. The certificate of transfer shall include: (1) the date of sale or transfer; (2) the name and address of the seller or transferor and the licensed gun dealer, and their social security numbers or motor vehicle operator license numbers; (3) the licensed gun dealer’s federal firearms license number; and (4) a description of the large capacity feeding device. The executive office of public safety and security shall maintain a file of all certificates of transfer.
Any person who declared possession of a large capacity feeding device under this section may possess the large capacity feeding device only under the following conditions: (1) at that person’s residence; (2) while on the premises of a target range of a public or private club or organizations organized for the purpose of practicing shooting at targets; (3) while on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range; (4) while on the premises of a licensed shooting club; and (5) while transporting the large capacity feeding device between any of the places set forth in this paragraph, or to any licensed gun dealer, provided that such large capacity feeding device contains not more than 10 bullets.
A violation of the terms of any provision of this section shall constitute a violation of the sale, transfer, or possession requirements of the first paragraph of this section.
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[]
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[]
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An Act to require liability insurance for gun ownership
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H2364
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HD361
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:07:04.03'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:07:04.03'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:03:34.53'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T17:08:06.0433333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-26T15:15:59.6766667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:46.35'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:33:30.3466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:31:02.7533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2364/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2364) of David Paul Linsky and others for legislation to require liability insurance by gun owners. Public Safety and Homeland Security.
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SECTION 1. Chapter 140 of the General Laws is hereby amended by adding the following section:-
Section 207. (a) Whoever possess, carries, or owns a firearm, rifle or shotgun without a liability policy or bond or deposit required by the provisions of this chapter which has not been provided and maintained in accordance therewith shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than one year in a house of correction, or both such fine and imprisonment. This section shall not apply to a person who possesses a firearm, rifle, or shotgun on a temporary basis while on the premises of a licensed gun club.
(b) The commissioner of insurance shall promulgate regulations set forth for the minimum terms of liability insurance policies which shall satisfy the requirements of this section.
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[]
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[]
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[]
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An Act requiring live fire practice for a firearms license
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H2365
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HD363
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:07:39.283'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:07:39.2833333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-12T15:10:30.5666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:03:28.2966667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T16:51:55.41'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-12T17:15:36.8133333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:39:24.88'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:09:39.6466667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-10T13:29:58.63'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-06T11:52:43.14'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-28T12:30:24.3633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T08:22:59.2666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-06T16:27:00.74'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-14T11:47:05.94'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:52.3966667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-09T11:42:07.2033333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:33:39.8766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:58:47.81'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:32:48.5233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-29T15:56:22.6433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:27:36.6866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:13:22.66'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:37:43.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2365/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2365) of David Paul Linsky and others for legislation to require that firearms safety courses provide live fire practice for firearms licenses. Public Safety and Homeland Security.
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SECTION 1. Section 131P of Chapter 140 of the General Laws is hereby amended by inserting after the word “curriculum” the following words:- Said curriculum must include a minimum of at least 5 hours of live discharge of firearms, rifles, and shotguns at a licensed gun club, including the discharge of at least 50 rounds of ammunition.
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[]
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[]
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[]
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An Act to clarify the prosecution of illegal guns
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H2366
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HD365
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:08:08.987'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:08:08.9866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:02:43.7433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-12T17:13:43.24'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-20T11:40:15.69'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:40:35.2733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:13:59.4566667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:34:49.5033333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:38:37.9866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:32:59.46'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:13:33.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2366/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2366) of David Paul Linsky and others relative to prosecution for the sale of illegal firearms. Public Safety and Homeland Security.
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SECTION 1. Section 128 of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first paragraph the following new paragraph:-
Any licensee under a license described in section one hundred and twenty-three, and any employee or agent of such a license, who sells, rents, leases, delivers or offers for sale, rent, lease transfer or delivery a firearm not listed on the approved firearm roster established pursuant to section 131 ¾ shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.
SECTION 2. Section 131 ¾ of said chapter 140, as so appearing, is hereby amended by striking in line 5 the words “weapons referred to” and inserting in place thereof the following words:- firearms which meet or exceed the testing criteria.
SECTION 3. Sections 1 and 2 shall take effect upon passage
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[]
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[]
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[]
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An Act relative to universal background checks for private gun sales
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H2367
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HD368
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:08:43.367'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:08:43.3666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:03:14.1166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-12T16:23:36.2066667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-12T17:19:00.6366667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-20T11:40:04.39'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:39:33.4266667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:05:47.5733333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:05:09.9366667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:14:06.52'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:34:01.9666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:58:23.2'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:40:37.4'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:34:55.67'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:32:46.39'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:13:44.6533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2367/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2367) of David Paul Linsky and others relative to universal background checks for private gun sales. Public Safety and Homeland Security.
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Section 128A of chapter 140 of the General Laws, as so appearing, is hereby amended by adding the following:- Any sale or transfer conducted under this section shall comply with section 131E and shall take place at the location of a dealer licensed under section 122, who shall transmit the information required by this section for the purchases and sales by utilizing the Massachusetts Gun Transaction Portal established by the Massachusetts Department of Criminal Justice Information Services. A licensed dealer may charge the seller a fee not to exceed $25 for each sale or transfer electronically submitted on behalf of the seller to the Massachusetts Gun Transaction Portal. Whoever knowingly sells or transfers a firearm in violation of this section shall be punished by a fine of not less than $10,000 or by imprisonment for not more than 20 years in state prison or two and one-half years in the house of correction.
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[]
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[]
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[]
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An Act to prevent illegal trafficking and gun violence among youth in the Commonwealth
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H2368
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HD370
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:10:06.077'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-12T14:10:06.0766667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T15:08:14.9133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-12T16:02:50.9933333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-12T17:19:10.4933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:34:36.8266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:58:12.4366667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-25T11:36:42.8766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:32:26.33'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-15T14:13:56.81'}]
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2368) of David Paul Linsky and others for legislation to further regulate illegal trafficking and gun violence. Public Safety and Homeland Security.
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SECTION 1. Section 121 of chapter 140 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “gun” in line 100 the following words:-
“Microstamp”, a microscopic array of characters that identify the make, model, and serial number of the firearms, etched or otherwise imprinted in two or more places on the interior surface of the internal working parts of the firearm, and that are transferred by imprinting on each cartridge case when the firearm is fired.
SECTION 2. Section 123 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word “lease” in line 525, the following three sentences:-
No person licensed under section 122 or section 122B shall sell or otherwise transfer to any person more than 1 firearm during any thirty-day period, except by devise or trust. Commencing 3 years after the passage of this bill, persons licensed under section 122 or section 122B must only sell guns designed or equipped with the ability to microstamp ammunition, by etching or otherwise imprinting a microscopic array of characters that identify the make, model, and serial number of the firearms in two or more places on the interior surface of the internal working parts of the firearm, and that are transferred by imprinting on each cartridge case when the firearm is fired.
SECTION 3. Said section 123 of said chapter 140 is hereby further amended by inserting after the word “131E” in line 499 the following words:-
Twenty-second, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless the firearm has the ability to microstamp its ammunition with two unique parts of the firearm.
SECTION 4. Section 131¾ of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out in line 6, the word “Twenty-first” and inserting in place thereof the following word:- Twenty-second.
SECTION 5. The secretary of public safety and security shall study the feasibility of the establishment of an interstate compact for the purpose of developing an interstate compact to encourage the adoption of uniform procedures to combat illegal gun trafficking between states. The report of such study and any recommended legislation or regulations shall be filed with the joint committee on public safety not later than one year from the passage of this act. Such report shall include but not be limited to, the steps necessary to form such an interstate compact.
SECTION 6. Chapter 140 of the General Laws is hereby further amended by inserting after section 128B, the following section:-
Section 128C. Whoever being licensed under section 122 and who purchases or otherwise accepts and keeps within the commonwealth for any period of time more than one firearm in a thirty-day period shall be punished by not more than 5 years in state prison and the licensing authority shall suspend any license or identification card issued under this chapter to such person for a period not to exceed 3 years. This section shall not apply to firearms bequeathed through trust or devise.
SECTION 7. Said chapter 140 is hereby further amended by inserting after section 129C the following section:-
Section 129C½. Any person or entity that inherits a firearm, rifle or shotgun by trust or devise, may sell, transfer or deliver such weapon to a licensed dealer or to another person if the transferee is legally permitted to purchase or take possession of such weapon or, within 180 days of receiving such weapon through trust or devise, the recipient thereof shall obtain the relevant firearms identification card or license to carry. Whoever violates this section shall be punished by a fine of not less than $1,000 nor more than $10,000.
SECTION 8. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “(1) being present in or on his residence or place of business; or”.
SECTION 9. Section 11A of chapter 269 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
“Microstamp”. a microscopic array of characters that identify the make, model, and serial number of the firearms, etched or otherwise imprinted in two or more places on the interior surface of the internal working parts of the firearm, and that are transferred by imprinting on each cartridge case when the firearm is fired.
SECTION 10. Chapter 269 of the General Laws, as so appearing, is hereby amended by striking out section 11C and inserting in place thereof the following section:-
Section 11C. Whoever, by himself or another, removes, defaces, alters, obliterates or mutilates in any manner the serial number, identification number, or microstamping functions of a firearm, or in any way participates therein, and whoever receives a firearm with knowledge that its serial number, identification number, or microstamping functions have been removed, defaced, altered, obliterated or mutilated in any manner, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not less than one month nor more than two and one half years. Possession or control of a firearm the serial number, identification number, or microstamping functions of which has been removed, defaced, altered, obliterated or mutilated in any manner shall be prima facie evidence that the person having such possession or control is guilty of a violation of this section; but such prima facie evidence may be rebutted by evidence that such person had no knowledge whatever that such number had been removed, defaced, altered, obliterated or mutilated, or by evidence that he had no guilty knowledge thereof. Upon a conviction of a violation of this section said firearm or other article shall be forwarded, by the authority of the written order of the court, to the colonel of the state police, who shall cause said firearm or other article to be destroyed.
SECTION 11. Section 11E of chapter 269 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
All firearms of new manufacture with the capacity to eject spent cartridges manufactured, delivered to any licensed dealer within the commonwealth, or owned by any individual holding a Massachusetts issued firearm license shall be designed or equipped with the ability to microstamp ammunition commencing three years after the passage of this bill. The manufacturer of said firearm shall keep records of said serial numbers and the dealer, distributor or person to whom the firearm was sold or delivered.
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An Act to raise the age for possession of a firearm
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H2369
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HD3426
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-20T12:32:42.127'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-20T12:32:42.1266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T12:05:19.0866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:14:26.8566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T10:07:02.6066667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:37:44.1433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:53:18.8766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:11:41.03'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2369/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2369) of David Paul Linsky and others for legislation to raise the age for possession of firearms. Public Safety and Homeland Security.
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SECTION 1. Section 129B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out subsections (iv) and (v) of paragraph 1 and inserting in place thereof the following subsection:-
(iv) is at the time of the application younger than 18 years of age; provided, however, that in accordance with Section 131E, a firearm identification card issued to a person under 21 years of age shall only authorize the person to purchase a rifle or shotgun that is manually operated by bolt, pump, lever or slide action, unless the person is a member of the National Guard, armed forces of the United States, or a peace officer.
SECTION 2. Section 130 of Chapter 140 of the General Laws, as so appearing, is hereby amended as follows:
Whoever sells or furnishes a rifle, shotgun or ammunition to any alien 21 years of age or older who does not hold a permit card issued to that alien pursuant to section 131H or, except as provided in this section, section 130 ½, or section 131E, whoever sells or furnishes any alien or any person under 21 years of age a rifle, shotgun, machine gun or ammunition, or whoever sells or furnishes to any person under 21 years of age a firearm or large capacity rifle or shotgun or ammunition therefor shall have the license to sell firearms, rifles, shotguns, machine guns or ammunition revoked and shall not be entitled to apply for such license for 10 years from the date of such revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment in a state prison for not more than 10 years or by imprisonment in a house of correction for not more than 2½ years or by both such fine and imprisonment.
SECTION 3. Section 131E of Chapter 140 of the General Laws, as so appearing, is hereby amended as follows:
Any resident of the commonwealth may purchase firearms, rifles, shotguns and ammunition feeding devices from any dealer licensed under section 122, or from such person as shall be qualified under section 128A, or ammunition from a licensee under section 122B, subject to the following conditions and restrictions:
(a) rifles, shotguns and feeding devices therefor may be so purchased only upon presentment of:
(i) a valid firearm identification card issued under section 129B; or (ii) a valid Class A or Class B license to carry firearms issued under section 131; or (iii) valid proof of exempt status under section 129C; provided, however, that large capacity rifles and shotguns and large capacity feeding devices therefor may be so purchased only upon presentment of a Class A or Class B license to carry firearms issued under said section 131; and provided further, that no rifle or shotgun or ammunition or ammunition feeding device therefor shall be sold to any person less than 18 21 years of age, except as provided in subdivision (c) of this section; and provided further, that no large capacity rifle or shotgun or large capacity feeding device therefor shall be sold to any person less than 21 years of age;
(b) firearms and feeding devices therefor may be so purchased only upon presentment of:
(i) a valid Class A or Class B license to carry firearms issued under section 131; or (ii) a valid firearm identification card issued under section 129B together with a valid permit to purchase a firearm issued under section 131A; or (iii) a valid permit to purchase a firearm issued under section 131A together with valid proof of exempt status under section 129C; provided, however, that large capacity firearms and large capacity feeding devices therefor may be so purchased only upon presentment of: (i) a valid Class A license to carry firearms issued under section 131; or (ii) a valid firearm identification card issued under section 129B together with a valid and proper permit to purchase a firearm issued under section 131A; or (iii) a valid and proper permit to purchase a firearm issued under section 131A together with valid proof of exempt status under section 129C; and provided further, that neither a firearm identification card issued under section 129B, nor proof of exempt status under section 129C, shall be valid for the purpose of purchasing any firearm or ammunition feeding device therefor without being presented together with a valid and proper permit to purchase issued under section 131A; and provided further, that an alien permit to possess a rifle or shotgun shall not be valid for the purpose of purchasing firearms or ammunition or ammunition feeding devices therefor; and provided further, that no firearm or ammunition or ammunition feeding device therefor shall be sold to any person less than 21 years of age.
(c) The prohibition in subdivision (a) on selling a rifle or shotgun or ammunition or ammunition feeding device therefor to a person less than 21 years of age shall not apply if:
(i) The purchaser is a member of the National Guard, armed forces of the United States, or a police officer or peace officer; or
(ii) The purchaser is at least 18 years of age and is purchasing a rifle or shotgun that is manually operated by bolt, pump, lever or slide action, or is purchasing ammunition or an ammunition feeding device for use in such a rifle or shotgun.
Any person who uses said license to carry firearms or firearm identification card for the purpose of purchasing a firearm, rifle or shotgun for the unlawful use of another, or for resale to or giving to an unlicensed person, shall be punished by a fine of not less than one thousand nor more than fifty thousand dollars, or by imprisonment for not less than two and one–half years nor more than ten years in a state prison, or by both such fine and imprisonment. A conviction of a violation of this section shall be reported forthwith by the court to the licensing authority which issued the license or firearm identification card, which shall immediately revoke the license or firearm identification card of such person. No new license or firearm identification card under section one hundred and twenty–nine B or section one hundred and thirty–one shall be issued to any such person within two years after the date of said revocation.
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An Act relative to housing production
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H237
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HD1448
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:49:49.097'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:49:49.0966667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-18T13:55:18.1'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-30T10:51:22.9266667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-01T11:15:42.4366667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-01T22:59:27.0733333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-08T12:46:09.5033333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-10T21:21:00.0366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T09:49:07.82'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-10T16:46:52.7366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-08T14:08:03.3466667'}]
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{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-18T12:50:27.347'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H237/DocumentHistoryActions
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Bill
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By Representatives Turco of Winthrop and Consalvo of Boston, a petition (accompanied by bill, House, No. 237) of Jeffrey Rosario Turco, Rob Consalvo and others relative to smart growth housing production. Community Development and Small Businesses.
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SECTION 1. Section 9 of Chapter 40R of the Massachusetts General Laws, is hereby amended, in Subsection A, by striking out the following figures: $10,000; $75,000; $200,00; $350,000 and $600,000, and inserting in place thereof, the following figures:
“$25,000”, “$150,000”, “$400,000”, “$700,000” and “$1,200,000”
SECTION 2. Section 9 of Chapter 40R of the General Law, is hereby amended, in Lines 19 and 20 of Subsection B, by striking the figure $3,000, and inserting in place thereof, the following:’
“$50,000”
SECTION 3. Section 12 of Chapter 40R of the General Laws is hereby amended by inserting in line 3, after the word “review”, the following words:-
“, including but not limited to an analysis of the incentive payments, in Section 9, to determine that those payments are consistent with housing costs per the Consumer Price Index.”
SECTION 4. Subparagraph (9) of paragraph (a) of part B of section 3 of chapter 62 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the figure “$3,000”, in line 109, and inserting in place thereof the following figure:- $6,000.
SECTION 5. Section 6 of said chapter 62, as amended by section 57 of chapter 358 of the acts of 2020, is hereby amended by adding the following subsection:-
(x) a taxpayer who pays rent for their principal place of residence and such residence is located in the commonwealth shall be allowed a credit against the taxes imposed by the chapter if the taxpayer’s Part B adjusted gross income is not more than $50,000. The credit shall be an amount equal to 5 per cent of 50 per cent of the total rent paid by the taxpayer in excess of $12,000; provided, however, that the credit shall not exceed $200 for a single person, spouse or a person that qualifies as head of household under section 2(b) of the Code.
SECTION 6. Section 6 of Chapter 62 of the General Laws is hereby amended by inserting after subsection (t) the following subsection:-
(u)(1) As used in this subsection, the following words shall have the following meanings:
“Qualified residential rental property,” any unsubsidized residential rental property.
“Qualified rental unit,” a tenant-occupied unit in a qualified residential property with a rent including utilities that does not exceed the High HOME Rent for the jurisdiction as defined by the United States Department of Housing and Urban Development (“HUD”). Units rented to immediate family members or dependents of the owner are not eligible for the credit.
(2) Any Massachusetts resident who is an owner of a qualified residential rental property located in the commonwealth who is not a dependent of another taxpayer shall be allowed a credit of up to ($6000) for each qualified rental unit. The credit shall be prorated by the number of months the qualified unit is rented to a qualified household. Joint owners of a residential property shall share any credit available to the property under this subsection in the same proportion as their ownership interest.
Any taxpayer entitled to this credit for any taxable year, the amount of which exceeds his total tax due for the then current taxable year, may carry over the excess amount, as reduced from year to year, and apply it to his tax liability for any one or more of the next succeeding three taxable years; provided, however, that in no taxable year may the amount of the credit allowed exceed the total tax due of the taxpayer for the relevant taxable year.
SECTION 7. This act shall take effect for tax years beginning on or after January 1, 2024.
SECTION 8. Notwithstanding any other section of the law to the contrary, no later than 10 years after the date of enactment, the increased incentives, as identified in section 1 and section 2, shall revert back to their original figures.
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An Act to close gun dealer loopholes
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H2370
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HD3818
| 193
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{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-20T14:39:10.737'}
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[{'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-20T14:39:10.7366667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-31T16:41:54.4833333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:14:33.5766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T10:07:38.9033333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:37:53.3933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-06T14:52:02.38'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T13:41:12.8233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T14:47:16.8266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:44:05.9066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:30:18.15'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2370/DocumentHistoryActions
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Bill
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By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 2370) of David Paul Linsky and others relative to firearms sales and licensing. Public Safety and Homeland Security.
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SECTION 1. Section 121 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “weapon” the following definitions:-
“Frame”, the part of a firearm or variant of a firearm, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar element, prior to initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure.
“Receiver”, the part of a rifle or shotgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence, even if pins or other attachments are required to connect the component to the housing or structure.
SECTION 2. The first paragraph of section 123 of said chapter 140, as so appearing, is hereby amended by inserting after the twenty-first clause the following clause:- Twenty-second, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to a person a completed or unfinished frame or receiver that is not an integrated component of a fully-assembled weapon.
SECTION 3. Said section 123 of said chapter 140, as so appearing, is hereby amended by striking out, in line 286, the words “licensing authority” and inserting in place thereof the following words:- “the office of the attorney general".
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An Act to provide reproductive health care to incarcerated individuals
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H2371
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HD2760
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:04:10.267'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-19T16:04:10.2666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T16:07:38.2533333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T23:22:38.7'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T15:00:22.0933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-29T12:43:51.0066667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-13T12:03:59.8533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:12:46.0033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:59:16.2733333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-02T10:39:35.4866667'}]
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T16:04:34.53'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2371/DocumentHistoryActions
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Bill
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By Representatives Livingstone of Boston and Khan of Newton, a petition (accompanied by bill, House, No. 2371) of Jay D. Livingstone, Kay Khan and others for legislation to provide reproductive health care to incarcerated individuals. Public Safety and Homeland Security.
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SECTION 1. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 169 the following section:-
Section 170. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Contraceptive services,” contraceptive counseling and initiation, continuation, surveillance, and discontinuation of contraceptive methods.
“Reversible birth control methods,” includes birth control methods other than sterilization, including but not limited to, intrauterine devices, the contraceptive implant, injectable medroxyprogesterone, combined oral contraceptive pills, progestin-only contraceptive pills, contraceptive patches, vaginal contraceptive rings, diaphragms, cervical caps, contraceptive sponges, internal and external condoms, and spermicides.
“Emergency contraception,” birth control methods that are used to prevent pregnancy after sexual intercourse.
“Nonprescription birth control methods,” birth control methods available without a prescription from a health care provider, including but not limited to internal and external condoms, spermicides, fertility awareness-based methods, and certain emergency contraceptive methods.
“Long-acting reversible contraception (LARC),” birth control methods that provide contraception for a prolonged period of time without user action, including intrauterine devices and the contraceptive implant.
“Undue barriers,” processes or procedures that are not in line with standards of medical care and that would cause significant expense or difficulty if carried out, including but not limited to barriers to transportation to appropriate clinical services, unreasonably delaying access to care, disclosure of personal information to correctional facility staff, and without requiring disclosure of personal information beyond what is medically necessary to safely prescribe contraceptives.
Contraceptive services shall be made available to incarcerated persons who are capable of becoming pregnant at the following times: 1) upon admission to a correctional facility, 2) within a minimum of 60 days prior to a scheduled release date, and 3) at any time upon request.
Any incarcerated person capable of pregnancy shall have access to all reversible birth control methods and emergency contraception approved by the United States Food and Drug Administration (FDA) for which they are medically eligible as determined by the United States Medical Eligibility Criteria (US MEC) for Contraceptive Use set forth by the Centers for Disease Control and Prevention. A medical or mental health diagnosis shall not be a requirement to access birth control methods. A pelvic examination shall not be required to start, continue, or stop birth control, except at the time of insertion or removal for an intrauterine device or for monitoring an intrauterine device, when medically indicated.
The department of correction shall establish a formulary that consists of all FDA-approved birth control methods and that shall be available free of charge and without undue barriers to all incarcerated persons capable of pregnancy. If a birth control method has more than one FDA-approved therapeutic equivalent, only one version of that method shall be required to be made available, unless another version is specifically indicated by a prescribing health care provider. Persons shall have access to nonprescription birth control methods without the requirement to see a licensed health care provider.
Any contraceptive service that requires a prescription, or any contraceptive counseling, provided to incarcerated persons who are capable of becoming pregnant, shall be furnished by a licensed health care provider and shall be nondirective, unbiased, and noncoercive. Correctional facilities housing persons capable of pregnancy shall ensure that at least 1 member of the correctional facility’s medical staff is trained in reproductive health care, which shall include knowledge of contraceptive services.
All incarcerated people capable of pregnancy shall have access to long-acting reversible contraception (LARC) services, including counseling, insertion, side effect management, and removal; provided, however, that they are eligible for these methods as per the US MEC for Contraceptive Use. If LARC services are not unavailable at the correctional facility, the incarcerated person shall have access to such care at a supporting medical facility with appropriate expertise without undue barriers.
Any incarcerated person capable of pregnancy shall, upon request, be allowed to continue birth control methods as prescribed by a physician, nurse practitioner, certified nurse midwife, or physician assistant prior to incarceration.
Contraceptive counseling and family planning services shall be offered and made available to all incarcerated persons who are capable of becoming pregnant at least 60 days, but not longer than 180 days, prior to a scheduled release date; provided, however, that such visits be voluntary and not mandatory.
The prison health care provider shall refer any individual using contraceptives to a medical provider who can manage the method at the time of release and provide refills of the medication through 12-months, as indicated.
The department of correction shall, in consultation with the department of public health and the Massachusetts Sheriffs Association, Inc., develop appropriate standards of care and written policies for contraceptive care, which shall include, at a minimum, the standards for health services set forth by the National Commission on Correctional Health Care. If LARC services are available on site at a correctional facility, written policies addressing noncoercive care and informed consent prior to LARC procedures are required.
Any incarcerated person who is capable of becoming pregnant shall be furnished by the facility with information and education regarding the availability of family planning services and their right to receive nondirective, unbiased, and noncoercive contraceptive services. Each facility shall post this information in conspicuous places to which all incarcerated persons who are capable of becoming pregnant have access. The document shall state the following in, at minimum, English and Spanish, (1) “You have the right to start, continue, or stop birth control methods; (2) The prison may not delay or prevent you from accessing reproductive health care and family planning services. If the medical provider at the prison is not able to prescribe the birth control method you want, they must refer you to a medical provider who can; (3) You have access to the following methods, as long as you don’t have a medical condition that would make a method unsafe: intrauterine devices, the contraceptive implant, injectable medroxyprogesterone (“Depo” or “the shot”), birth control pills (combined and progestin-only pills), contraceptive patches, vaginal contraceptive rings, diaphragms, cervical caps, contraceptive sponges, internal and external condoms, and spermicide; (4) You have access to emergency contraception (methods that you can use after having sex to prevent a pregnancy); (5) You should have access to non-prescription family planning methods without seeing a medical professional, such as internal and external condoms, spermicides, fertility awareness-based methods, and certain emergency contraceptive methods; (6) You should never feel pressured or forced to start or keep using a birth control method.”
This section does not limit an incarcerated person’s access to any method of contraception that is prescribed or recommended for any medically indicated reason.
The Department of Correction shall implement this section no later than 1 year after its passage.
SECTION 2. Section 118 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(d) Incarcerated persons found to be pregnant requesting an abortion, shall be permitted to determine their eligibility for an abortion pursuant to state and federal law, and if determined to be eligible, shall be permitted to obtain an abortion after giving informed consent. A prison shall not confer authority or discretion to nonmedical prison staff to decide if a pregnant person is eligible for an abortion. If a pregnant person decides to have an abortion, that person shall be offered, but not forced to accept, all due medical care and accommodations until they are no longer pregnant. A pregnant person who decides to have an abortion shall be referred to a licensed medical professional. Additional conditions or restrictions beyond those mandated by state or federal law are not permissible. Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transportation.
The department of correction shall, in consultation with the department of public health and the Massachusetts Sheriffs Association, Inc., develop appropriate standards of care and written policies for abortion.
The rights provided for incarcerated persons capable of pregnancy by this subsection shall be posted in at least one conspicuous place to which all incarcerated persons have access. The document shall state the following in, at minimum, English and Spanish, “(1) If you are pregnant or become pregnant you have the right to pregnancy care and abortion; (2) The prison may not delay or prevent you from accessing care; (3) You should never feel forced or pressured to continue a pregnancy or have an abortion; (4) All state and federal laws will apply to your ability to access abortion.”
SECTION 3. Subsection (a) of section 118 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 2, after the word “sentencing” the following words:- “or upon request at any time during incarceration” and by inserting, in line 6, after the word “tests;” the following words:- “provided, however, that pregnancy tests be voluntary and not mandatory.”
SECTION 4. Subsection (a) of section 118 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 7, after the word “material” the following words:- “that includes unbiased information about prenatal health care, adoption, and abortion from a licensed health care professional” and inserting, in line 9, after the word “inmates;” the following words:- provided, however, that prison staff shall not urge, force, or otherwise influence a pregnant person’s decision”.
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An Act to remove medical and health service fees for incarcerated people
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H2372
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HD1550
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T13:40:36.567'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T13:40:36.5666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-21T10:40:49.2133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2372/DocumentHistoryActions
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2372) of Jay D. Livingstone and Jack Patrick Lewis relative to medical and health service fees for incarcerated people. Public Safety and Homeland Security.
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SECTION 1. Subsection (s) of section 1 of chapter 124 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the words “adopt policies and procedures establishing reasonable” in line 79 and inserting in place thereof the following words:- “not charge”.
SECTION 2. Said section 1 of chapter 124, as so appearing, is hereby further amended by inserting, in line 79, after the word “medical” the following words:- “and mental health” and inserting, in line 80, after the words “medical services” the following words:- “, including inmate-initiated medical or mental health visits, prescriptions, medications, and prosthetic devices,”
SECTION 3. Said section 1 of chapter 124, as so appearing, is hereby further amended by striking out the words “Except as otherwise provided, the commissioner may charge each inmate a reasonable fee for any medical and mental health services provided, including prescriptions, medication, or prosthetic devices. The fee shall be deducted from the inmate's account as provided for in section 48A of chapter 127. The commissioner shall exempt the following inmates from payment of medical and health services fees: medical visits initiated by the medical or mental health staff, consultants, or contract personnel of the department, prisoners determined to be terminally ill, pregnant, or otherwise hospitalized for more than 30 days successively during the term of incarceration and juvenile inmates and inmates who are undergoing follow-up medical treatment for chronic diseases.” in lines 80-92.
SECTION 4. The Department of Correction shall implement this section no later than 1 year after its passage.
SECTION 5. Said section 1 of chapter 124, as so appearing, is hereby further amended by adding the following subsection:-
(v) The commissioner shall not charge a fee for durable medical equipment or medical supplies provided to an incarcerated person as medically necessary to ensure the person has equal access to services, programs, and activities.
For the purposes of this section, “durable medical equipment” shall mean equipment that is prescribed by a licensed healthcare provider to meet the medical needs of an incarcerated person and that meets the following criteria: 1) the equipment can withstand repeated use, 2) the equipment is used to serve a medical purpose, 3) the equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly, 4) the equipment is appropriate for use in or out of the prison. Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, pessaries, and hearing aids.
For the purpose of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an incarcerated person and that meet all of the following criteria: 1) the supplies cannot withstand repeated use, 2) the supplies are usually disposable in nature, 3) the supplies are used to serve a medical purpose, 4) the supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly, 5) the supplies are intended for use in an outpatient setting.
SECTION 6. The Department of Correction shall implement this section no later than 1 year after its passage.
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An Act relative to the size of the forensic science oversight board
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H2373
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HD2300
| 193
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{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:41:03.103'}
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[{'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-01-18T11:41:03.1033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2373/DocumentHistoryActions
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Bill
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By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 2373) of Jay D. Livingstone relative to the membership of the forensic science oversight board. Public Safety and Homeland Security.
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Chapter 6 Section 184A(a) is hereby amended by striking the following words: “and 13 members who shall be appointed by the governor” and replaced with the following: “and 15 members who shall be appointed by the governor, 1 of whom shall be nominated by the president of the Massachusetts Organization of State Engineers and Scientists, 1 of whom shall be nominated by the president of the Massachusetts Chiefs of Police Association.
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An Act establishing a board of hoisting machinery regulations
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H2374
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HD3272
| 193
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{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-17T13:08:47.553'}
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[{'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-01-17T13:08:47.5533333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-03-22T16:37:22.14'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-22T16:37:22.14'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-22T16:37:22.14'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-22T16:37:22.14'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-22T16:37:22.14'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-19T09:31:47.56'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-04-19T09:31:47.56'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-04-19T09:31:47.56'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-04-19T09:31:47.56'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-04-19T09:31:47.56'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-19T09:31:47.56'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-21T11:38:10.11'}]
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Bill
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By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 2374) of John J. Mahoney relative to establishing a board of hoisting machinery regulations. Public Safety and Homeland Security.
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SECTION 1. Chapter 146 of the General Laws is hereby amended by striking out section 53A, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 53A. There shall be in the department a board to be known as the board of hoisting machinery regulations, which shall consist of six members to be appointed by the governor, with the advice and consent of the council, for terms of four years each. One such member shall be the chief inspector in said department, who shall serve as chair and act as a nonvoting member of said board, except in the case of a tie vote, one shall be a an employee of a public utility who is actively engaged in hoisting machinery operations in the Commonwealth, one shall be a member from a private construction contractor who is actively engaged in hoisting machinery operations in the Commonwealth, one shall be a safety trainer who is authorized by the department to do continuing education classes for hoisting licenses in Massachusetts, one shall be an expert in the Occupational Safety and Health Administration who is actively involved in hoisting machinery related operations, and one shall be from the International Union of Operating engineers Local with jurisdictions in Massachusetts who has been actively engaged in hoisting machinery related operations in the commonwealth for not less than five years immediately preceding appointment.
Said board shall promulgate rules and regulations, pursuant to chapter 30A, embodying the classifications of hoisting machinery and establishing criteria and procedures for the issuance, denial, renewal, suspension and revocation of licenses of apprentice operators of such machinery. However, a final adjudication that there has been a violation of federal or state occupational safety and health regulations, or any rule or regulation adopted by the department, shall be cause for the denial, revocation or suspension of any license issued under this section. Criteria for issuance of such licenses shall include, but not be limited to, training and experience requirements appropriate to the categories of machinery for which the license is intended, and registration with the apprenticeship council within the department of labor standards. A holder of such apprentice license may operate hoisting machinery only under the guidance and supervision of a holder of a license to operate for the category of hoisting machinery to be operated by the apprentice
A majority of said board, constituted as above provided, may transact business, but a lesser number may adjourn from time to time.
The board may, subject to appropriation and with the approval of the commissioner, employ an executive secretary who shall not be subject to the provisions of chapter thirty-one and may employ such clerical, technical and other assistants as may be required by said board.
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An Act relative to access to constitutional rights
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H2375
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HD307
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:35:01.867'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T20:35:01.8666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2375/DocumentHistoryActions
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2375) of Joseph D. McKenna relative to the issuance of licenses for firearms. Public Safety and Homeland Security.
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SECTION 1. Section 129B of Chapter 140 of the General Laws are hereby amended in section (2) by deleting the words “provided, however, that the taking of fingerprints shall not be required in issuing the renewal of a card if the renewal applicant's fingerprints are on file with the department of state police” and inserting in place thereof the following; “provided, however, that the taking of fingerprints shall not be required in issuing or renewing a card if the applicant's fingerprints are on file with the department of state police or if such situation deemed reasonable by the licensing authority or the Executive Office of Public Safety shall prevent such fingerprints from being collected.”
SECTION 2. Section 129B of Chapter 140 of the General Laws are hereby amended in section (7) by deleting the word “, fingerprint”
SECTION 3. Section 131 of Chapter 140 of the General Laws are hereby amended in section (e) in line 8 by adding after the word “firearms” the following: “,provided, however, that the taking of fingerprints shall not be required in issuing or renewing a card if such situation deemed reasonable by the licensing authority or the Executive Office of Public Safety shall prevent such fingerprints from being collected.”
SECTION 4. Section 131 of Chapter 140 of the General Laws are hereby amended in section (g) by deleting the word “, fingerprint”
SECTION 5. Section 131 of Chapter 140 of the General Laws is hereby amended in section (l) by deleting the words “The taking of fingerprints shall not be required in issuing the renewal of a license if the renewal applicant's fingerprints are on file with the department of the state police.” and inserting in place thereof the following; “The taking of fingerprints shall not be required in issuing or renewing a license if the applicant's fingerprints are on file with the department of the state police, or if such situation deemed reasonable by the licensing authority or the Executive Office of Public Safety shall prevent such fingerprints from being collected.”
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure timely constitutional access to acquire a firearms identification card or a license to carry firearms, 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 change of address for firearm licensing
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H2376
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HD2948
| 193
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{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T16:22:16.197'}
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[{'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T16:22:16.1966667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:49:34.32'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2376/DocumentHistoryActions
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Bill
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By Representative McKenna of Webster, a petition (accompanied by bill, House, No. 2376) of Joseph D. McKenna relative to firearm licensing requirements. Public Safety and Homeland Security.
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SECTION 1. Section 129B of Chapter 140 of the Massachusetts General Laws, as appearing in the 2010 Official Edition, shall be amended by deleting the following in lines 222 through 223: - “Failure to so notify shall be cause for revocation or suspension of such card.”
SECTION 2. Section 131 of Chapter 140 of the Massachusetts General Laws, as appearing in the 2010 Official Edition, shall be amended by deleting the following in lines 306 through 307: - “Failure to so notify shall be cause for revocation or suspension of said license.”
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An Act relative to armed private security information
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H2377
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HD1247
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T12:09:06.837'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-18T12:09:06.8366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2377/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2377) of Paul McMurtry relative to armed private security guard badge information. Public Safety and Homeland Security.
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Section 29 of chapter 147 of the General Laws, as appearing in the 2018 Official edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following 2 paragraphs:-
No licensee or employee or agent of a licensee shall use a badge of any kind for identification purposes except a guard or watchman or security guard in uniform who shall wear any such badge on the left breast of their uniform at all times while on duty. Such badge shall include a photograph and the name of the guard or watchman or security guard, but shall not contain the word “Police” or any part of the seal of the Commonwealth of Massachusetts or of any political subdivision thereof. A licensee or their employee or agent may use as identification a card, approved as to form by the colonel of the state police, which shall bear the signature of the licensee and, if such card is used as identification by an employee or agent, the signature of such employee or agent; provided, however, that a guard or watchman or security guard shall not substitute an identification card for the badge required by this section.
A licensee or employee or agent of a licensee shall carry only such weapons and equipment as are authorized by the colonel of the state police; provided, however, that if said licensee, employee or agent, is authorized to carry a firearm, as defined in section 121 of chapter 140, said firearm shall be loaded while in the performance of their duties. Any guard or watchman or security guard in uniform who is carrying a weapon pursuant to this section shall wear at all times an identification badge on the left breast of their uniform which shall include a photograph and the name of the guard or watchman or security guard. A licensee, or their employee or agent, while in the performance of his duties, shall not carry an imitation firearm as defined in said section 121 of said chapter 140.
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An Act relative to the POST Commission
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H2378
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HD3299
| 193
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-20T11:50:56.543'}
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[{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-20T11:50:56.5433333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:48:36.5033333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-24T09:37:11.5166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T12:54:12.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2378/DocumentHistoryActions
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Bill
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By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2378) of Paul McMurtry and Patrick Joseph Kearney relative to the Massachusetts peace officer standards and training commission. Public Safety and Homeland Security.
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SECTION 1: Section 2 of Chapter 6E of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by striking Section 2 in its entirety and adding in place thereof the following:
Section 2. (a) There shall be a Massachusetts Peace Officer Standards and Training Commission consisting of 11 members: 3 of whom shall be appointed by the governor, 1 of whom shall be a police chief, 1 of whom shall be a retired justice of the superior court and 1 of whom shall be a social worker appointed from a list of 5 nominations submitted by the National Association of Social Workers, Inc., Massachusetts chapter; 3 of whom shall be appointed by the attorney general, 1 of whom shall be a law enforcement officer below the rank of sergeant who is a labor union representative appointed from a list of 3 nominations submitted by the Chair of the Massachusetts Law Enforcement Policy Group, 1 of whom shall be a law enforcement officer appointed from a list of 5 nominations submitted by the Massachusetts Association of Minority Law Enforcement Officers, Inc. and 1 of whom shall be an attorney licensed to practice law in the commonwealth appointed from a list of 5 nominations submitted by the civil rights and social justice section council of the Massachusetts Bar Association; and 3 of whom shall be appointed jointly by the governor and attorney general, 1 of whom shall be appointed from a list of 5 nominations submitted by the Massachusetts commission against discrimination.; and 2 of whom shall be appointed by the Massachusetts District Attorney’s Association, 1 of whom shall be a sworn member of the Department of State Police who is appointed from a list of 2 nominations submitted by the President of the State Police Association of Massachusetts, and 1 of whom shall be a Juvenile Diversion Program professional appointed from a list of 2 nominations approved by a majority of the Board of the Massachusetts District Attorney’s Association.
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An Act relative to Massachusetts policy and procedures for missing and abducted children
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H2379
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HD1607
| 193
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{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-18T16:12:30.26'}
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[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-18T16:12:30.26'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-18T16:12:30.4'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-02-08T13:59:09.4566667'}]
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{'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-18T16:12:30.26'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2379/DocumentHistoryActions
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Bill
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By Representatives Moran of Lawrence and Cruz of Salem, a petition (accompanied by bill, House, No. 2379) of Frank A. Moran, Manny Cruz and Estela A. Reyes relative to policies and procedures for missing and abducted children. Public Safety and Homeland Security.
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SECTION 1. Chapter 22A of the General Laws is hereby amended by adding the following section:-
Section 10. The executive office of public safety and security shall develop a guide entitled the Massachusetts policy and procedures for missing and abducted children investigations that shall establish comprehensive minimum standards for law enforcement agencies in the commonwealth. Such agencies shall reference the guide and implement the policy and procedures in agency practices and the training of law enforcement officers.
The executive office shall reference, but shall not be limited to, the law enforcement policy and procedures for reports of missing and abducted children, developed by The National Center for Missing and Exploited Children. The executive office shall ensure that policies promulgated are comprehensive and inclusive to different categories of missing children, including, but not limited to, children under 10 years of age, children under 17 years of age, children with mental and physical limitations and dependent adults with mental and physical limitations.
The municipal police training committee shall include in their 2024 training year, a mandatory 2-hour in-service training program for veteran police officers on the Massachusetts policy and procedures for missing and abducted children investigations. The municipal police training committee shall include training on the Massachusetts policy and procedures for missing and abducted children investigations for new police officers attending the police academy.
The executive office of public safety and security shall ensure internal policies and the missing child clearinghouse intake form to reflect the Massachusetts policy and procedures for missing and abducted children investigations. The missing child clearinghouse intake form shall be available in, but not limited to, the following languages: English, Spanish, Portuguese, French, Chinese, Haitian Creole, Vietnamese, Russian, German, Albanian, Khmer or Cambodian.
SECTION 2. Section 1 shall take effect on January 15, 2024.
SECTION 3. By January 15, 2025, law enforcement agencies in the commonwealth of Massachusetts shall adopt the Massachusetts policy and procedures for missing and abducted children investigations as the minimum protocol in investigations of missing children.
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An Act to establish a commission to review equitable city planning and development
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H238
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HD693
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T10:30:49.01'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T10:30:49.01'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H238/DocumentHistoryActions
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 238) of Chynah Tyler for legislation to establish within the Department of Housing and Community Development a commission to review equitable city planning and development. Community Development and Small Businesses.
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Chapter 23B of the General Laws is hereby amended by inserting after section 5B the following section:-
Section 5C. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Anti-displacement”, mitigation of the displacement of persons of color, immigrants, low- and moderate-income residents, persons with disabilities and members of other protected classes that may result from new development or substantial reconstruction, condemnation of property or other code enforcement, eminent domain takings, discrimination, gentrification, rising costs of living, zoning changes, limited housing availability or other causes.
“Fair housing”, fair and equitable access to and opportunity in housing, free from prejudice, intolerance, bigotry and discrimination in housing. Fair housing shall include, but not be limited to, compliance with (i) federal fair housing laws, including 42 U.S.C. § 1982 et seq. and 42 U.S.C. § 3601 et seq.; and (ii) state laws relative to nondiscrimination in housing, including section 4 of chapter 151B.
“Local planning and development agency”, a (i) redevelopment authority, as defined in section 1 of chapter 121B; (ii) municipal department of planning and development; or (iii) other municipal division responsible for the evaluation of land-development and use proposals for a municipality with a population more than 100,000 persons.
(b) There shall be within the department a commission on equitable city planning and development. The commission shall consist of the director of the department or a designee, the executive director of the Massachusetts commission against discrimination or a designee and a tenant advocate to be appointed by the attorney general.
(c) The commission shall require each local planning and development agency to periodically create an assessment of fair housing and anti-displacement in the municipality. Following each assessment, the local planning and development agency shall develop a plan to strengthen and improve fair housing and anti-displacement in the municipality. The local planning and development agency shall submit said plan to the department.
(d) The department may promulgate rules and regulations necessary to carry out this section.
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An Act relative to firearm industry accountability and gun violence victims’ access to justice
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H2380
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HD562
| 193
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{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T14:09:15.91'}
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[{'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-13T14:09:15.91'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-19T16:50:20.11'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-28T16:14:43.7666667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T11:07:15.4866667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-04-06T13:00:51.9766667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-14T11:54:17.1633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-09T11:52:37.53'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-02T11:04:59.1066667'}]
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Bill
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By Representative Moran of Lawrence, a petition (accompanied by bill, House, No. 2380) of Frank A. Moran and David Paul Linsky relative to firearm industry accountability and access to justice by allowing for civil actions by victims of gun violence. Public Safety and Homeland Security.
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TITLE XV of Part 1 of the General Laws is hereby amended by inserting after Chapter 110H a new Chapter 110I, commencing with Section 1, as follows:
Section 1. Short Title.
This Act shall be known and may be cited as the Gun Violence Victims’ Access to Justice Act.
Section 2. Findings and Declarations.
The General Court hereby finds and declares that:
(a) The Commonwealth of Massachusetts has a compelling interest in protecting its residents’ life, health, safety, and wellbeing from gun violence and related harms.
(b) Unlawful and irresponsible conduct by members of the firearm industry pose significant risks to the life, health, safety, and wellbeing of Massachusetts residents.
(c) Our Commonwealth and nation have a longstanding tradition of prescribing standards of responsible conduct and accountability for industries whose business practices may cause harm to the public, including the firearm industry.
(d) The federal Protection of Lawful Commerce in Arms Act preserves states’ critical authority to enact laws prescribing and enforcing standards of responsible conduct and accountability for the firearm industry.
(e) It shall be the policy of the Commonwealth of Massachusetts that firearm industry members have a lawful duty and responsibility to take reasonable precautions to prevent foreseeable risks to life, health, safety, and wellbeing, including but not limited to the requirements of this Chapter.
(f) It shall be the policy of the Commonwealth of Massachusetts that persons and entities harmed by firearm industry members’ wrongful and unlawful conduct, and public officials acting in the public interest, shall not be barred from pursuing civil actions seeking appropriate justice, fair compensation, and other remedies for those harms in court, consistent with any limitations or immunities otherwise provided in Massachusetts or federal law.
Section 3. Definitions.
As used in this Chapter:
(a) “Firearm industry member” means a person, firm, corporation, or any other entity engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product.
(b) “Firearm industry product” means:
(1) A firearm;
(2) Ammunition;
(3) A completed or unfinished frame or receiver;
(4) A firearm component or magazine;
(5) A device that is designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm, if the device is marketed or sold to the public, or reasonably designed or intended, to be used to increase a firearm’s rate of fire, concealability, magazine capacity, or destructive capacity, or to increase the firearm’s stability and handling when the firearm is repeatedly fired.
(6) Any machine or device that is marketed or sold to the public, or reasonably designed or intended, to be used to manufacture or produce a firearm or any other firearm industry product listed in this paragraph.
(c) “Firearm trafficker” means a person who acquires, transfers, or attempts to acquire or transfer a firearm industry product for purposes of unlawful commerce, including but not limited to subsequent transfer to a person who is prohibited from possessing the firearm industry product under Massachusetts or federal law.
(d) “Reasonable controls” means reasonable procedures, safeguards, and business practices that are designed to do all of the following:
(1) Prevent the sale or distribution of a firearm industry product to:
(i) A straw purchaser or firearm trafficker;
(ii) A person who is prohibited from possessing the firearm industry product under Massachusetts or federal law;
(iii) A person the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm industry product to harm themselves or unlawfully harm another, or of otherwise unlawfully possessing or using a firearm industry product.
(2) Prevent the loss or theft of a firearm industry product from a firearm industry member.
(3) Ensure the firearm industry member does not promote or facilitate the unlawful manufacture, sale, possession, marketing, or use of a firearm industry product.
(4) Ensure the firearm industry member complies with all provisions of Massachusetts and federal law.
(e) “Short-barreled rifle” means any of the following:
(1) A rifle having a barrel or barrels of less than 16 inches in length.
(2) A rifle with an overall length of less than 26 inches.
(3) Any weapon made from a rifle, whether by alteration, modification, or otherwise, if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(4) Any device that may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in this subdivision (e).
(5) Any part, or combination of parts, designed and intended to convert a device into a device defined in this subdivision (e), or any combination of parts from which a device defined in this subdivision (e) may be readily assembled if those parts are in the possession or under the control of the same person.
(f) “Straw purchaser” means an individual who conceals, or intends to conceal, from a seller or transferor that the individual is purchasing or obtaining a firearm industry product on behalf of a third party. This term does not apply to an individual obtaining a firearm industry product as a bona fide gift to a person who is not prohibited by law from possessing or receiving a firearm industry product. For the purposes of this paragraph, a gift is not a bona fide gift if the transferee has offered or given the transferor a service or thing of value to acquire the firearm industry product on the transferee’s behalf.
(g) “Unfinished frame or receiver” means any forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.
(h) The following terms shall have the same meaning provided in Section 121 of Chapter 140 of the General Laws and the Attorney General’s Enforcement Notice of July 20, 2016 governing the definition of “Assault weapon”:
(1) “Assault weapon”
(2) “Bump stock”
(3) “Large capacity feeding device”
(4) “Large capacity weapon”
(5) “Machine gun”
(6) “Sawed-off shotgun”
(7) “Trigger crank”
(i) “.50 caliber rifle” means a centerfire rifle capable of firing a .50 caliber cartridge. The term does not include any antique firearm, any shotgun including a shotgun that has a rifle barrel, or any muzzle-loader which uses black powder for hunting or historical re-enactments.
(j) “.50 caliber cartridge” means a cartridge in .50 BMG caliber, either by designation or actual measurement, that is capable of being fired from a centerfire rifle. The term “.50 caliber cartridge” does not include any memorabilia or display item that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as live ammunition or shotgun ammunition with a caliber measurement that is equal to or greater than .50 caliber.
Section 4. Firearm Industry Standard of Responsible Conduct.
(a) A firearm industry member shall:
(1) Establish and implement reasonable controls, as defined in Section 3 of this Chapter, regarding the manufacture, distribution, importation, marketing, and sale of firearm industry products; and
(2) Take reasonable precautions to ensure the firearm industry member does not sell or distribute a firearm industry product to a downstream distributor or retailer of firearm industry products that fails to establish and implement reasonable controls.
(b) A firearm industry member shall not manufacture, distribute, import, market, offer for wholesale, or offer for retail sale a firearm industry product that is:
(1) Designed, sold, or marketed in a manner that foreseeably promotes conversion of legal firearm industry products into illegal firearm industry products; or
(2) Designed, sold, or marketed in a manner that is targeted at minors or individuals who are legally prohibited from purchasing or possessing firearms;
(c) A firearm industry member shall not manufacture, distribute, import, market, offer for wholesale, or offer for retail sale a firearm industry product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health or safety, except for use solely by members of the armed forces, national guard, or law enforcement agencies. For the purposes of this paragraph, the following shall apply:
(1) A firearm industry product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based upon the inherent potential of a firearm or ammunition to cause injury, damage, or death when discharged.
(2) The following firearm industry products shall be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety:
(i) Assault weapons;
(ii) Bump stocks;
(iii) Fifty caliber rifles;
(iv) Large capacity feeding devices;
(v) Large capacity weapons;
(vi) Machine guns;
(vii) Sawed-off shotguns;
(viii) Short-barreled rifles;
(ix) Trigger cranks.
(3) There shall be a presumption that any other firearm industry product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if the firearm industry product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities.
(d) A firearm industry member shall comply with the provisions of all of the following when engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product:
(1) The Massachusetts Antitrust Act, Sections 1 to 14A, inclusive, of Chapter 93 of the General Laws;
(2) The Regulation of Business Practice and Consumer Protection Act, Chapter 93A of the General Laws;
(3) Sections 91 and 92 of Chapter 266 of the General Laws; and
(4) Sections 10 to 12, inclusive, of Chapter 269 of Title 1 of the General Laws.
(e) This section shall apply to a firearm industry member engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of a firearm industry product that meets any of the following conditions:
(1) The firearm industry product was sold, made, distributed, or marketed in this state.
(2) The firearm industry product was intended to be sold, made, distributed, or marketed in this state.
(3) The firearm industry product was used or possessed in this state, and it was reasonably foreseeable that the product would be used or possessed in this state.
Section 5. Cause of Action for Violations of Firearm Industry Standard of Responsible Conduct.
(a) A person or entity who has suffered harm as a result of a firearm industry member’s acts or omissions in violation of any provision of Section 4 may bring a civil action under this section in a court of competent jurisdiction.
(b) The Attorney General, or the Attorney General’s designee, may bring a civil action in a court of competent jurisdiction to enforce this Act and remedy harms caused by any acts or omissions in violation of any provision of Section 4.
(c) In an action brought under this section, if the court determines that a firearm industry member engaged in conduct in violation of Section 4, the court shall award just and appropriate relief, including any or all of the following:
(1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law;
(2) Compensatory and punitive damages;
(3) Reasonable attorney’s fees, filing fees, and reasonable costs of action; and
(4) Any other just and appropriate relief necessary to enforce this Act and remedy the harm caused by the violation.
(d) In an action brought under this section:
(1) An intervening act by a third party, including but not limited to the unlawful misuse of a firearm industry product, shall not preclude a firearm industry member from liability for harms caused by the firearm industry member’s violation of any provision of Section 4.
(2) Notwithstanding any intervening act by a third party, there shall be a presumption that a firearm industry member’s violation of Section 4 was the proximate cause of harms suffered by the plaintiff from a firearm industry product involved in the violation, if the firearm industry member’s violation of Section 4 created a reasonably foreseeable risk that the harm would occur.
(e) An action under this Act may be commenced within 5 years from the date that the violation occurred or the harm was incurred.
(f) A civil action brought under this section may be brought in:
(1) The county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
(2) The county of residence of any natural person defendant at the time the cause of action accrued;
(3) The county of the principal office in this state of any defendant that is not a natural person; or
(4) The county of residence for the plaintiff if the plaintiff is a natural person residing in this State.
Section 6. Limitations.
(a) Nothing in this Act shall be construed or implied to limit or impair in any way the right of the Attorney General, or any person or entity, to pursue a legal action under any other law, cause of action, tort theory, or other authority.
(b) Nothing in this Act shall be construed or implied to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.
(c) This Act shall be construed and applied in a manner that is consistent with the requirements of the Constitutions of Massachusetts and the United States.
Section 7. Severability.
If any provision of this Act, or part of this Act, any clause within this Act, any combination of words within this Act, or the application of any provision or part or clause or combination of words of this Act to any person or circumstance, is for any reason held to be invalid or unconstitutional, the remaining provisions, clauses, words, or applications of provisions, clauses, or words shall not be affected, but shall remain in full force and effect, and to this end the provisions of this Act are severable.
Section 8. Effective date.
This Act shall take effect 120 days after the date of enactment.
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An Act requiring health care facilities to develop and implement programs to prevent workplace violence
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H2381
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HD3627
| 193
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{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:47:30.7'}
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[{'Id': 'MJM1', 'Name': 'Michael J. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM1', 'ResponseDate': '2023-01-17T14:47:30.7'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-24T19:10:16.99'}]
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Bill
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By Representative Moran of Boston, a petition (accompanied by bill, House, No. 2381) of Michael J. Moran and Steven S. Howitt for legislation to require health care facilities to develop and implement programs to prevent workplace violence. Public Safety and Homeland Security.
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SECTION 1. Chapter 111 of the general laws is hereby amended by inserting after section 243 the following new section:-
Section 244. (a) For the purposes of this section, the following words shall have the following meanings:-
"Aggravated interference with the conduct of a health care facility”, conduct as defined by section 13½ of chapter 265.
“Employee”, an individual employed by, or contracted for employment by, providing health care services at, volunteering at, or participating in an educational course of instruction at a health care facility, as defined in this section.
“Health care facility”, a hospital as defined under section 51 of chapter 111 of the general laws.
“Interference with the conduct of a health care facility”, conduct as defined by section 13½ of chapter 265.
“Workplace violence”, any attempted or actual harmful or unpermitted touching of another person that results in injury and occurs in a health care facility.
(b) Not withstanding any general or special law to the contrary, within six months of the date of enactment, the department shall develop statewide standards for evaluating and addressing known security risks at health care facilities. These workplace safety and violence prevention standards shall be based on existing state laws and regulations as well as national accreditation and professional association standards for health care facilities for the purpose of ensuring consistency in the development of and annual review of internal operations preventing known risks.
These standards shall include, but not be limited to: working in a health care facility in an region with higher than average criminal activity; working in public settings; guarding or maintaining property or possessions; working in high-traffic areas of a health care facility; working late night or early morning hours; working alone or in small numbers; working in areas of a health care facility where patients or visitors are in crisis; working in areas where patients or visitors may exhibit violent or involuntary behavior and; working in areas with known security risks. In developing such standards, the department shall convene and consult with an advisory committee comprised of representatives from: the Office of Health Equity; the Massachusetts Health and Hospital Association; the Massachusetts Association of Behavioral Health Systems; the Organization of Nurse Leaders; the Emergency Nurses Association Massachusetts Chapter; the Massachusetts Nurses Association; the National Association of Social Workers Massachusetts Chapter; the Massachusetts Association of Community Health Workers; the Massachusetts Chapter of Emergency Physicians; 1199 SEIU United Healthcare Workers East; The National Alliance on Mental Illness Massachusetts and; the Massachusetts Organization for Addiction Recovery. The department shall ensure that workplace safety standards do not exhibit any bias against specific patient populations, or the race, ethnicity, language, disability status, sexual orientation, or gender identity of patients or visitors. The department shall ensure that standards do not stigmatize or bias against patients with mental health, behavioral health, or substance use disorder presentation.
Following development of the statewide standards, each health care facility shall be required to provide a summary of its operational policy that complies with the standards and includes a description of: (i) the development of security risk identification; (ii) engagement with employees on potential risks; (iii) evaluation of incidents that have occurred; and (iv) periodic reassessments of programs and policies. Such summaries shall be submitted to the department within six months after the advisory committee promulgates its standards, and shall be updated when a health care facility makes a substantive change to its operational policy for security risk assessment.
(c) The health care facility shall develop and implement a program to minimize the danger of workplace violence to employees based on the statewide standards developed pursuant to subsection (b), 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 program policies shall include: crisis de-escalation strategies; competency in behavioral health, mental health, and substance use disorder; implicit bias training; and trauma informed care. Employees shall also be trained in methods of reporting to appropriate public safety officials, bodies or agencies and processes necessary for the filing of criminal charges. Each health care facility shall develop a written plan setting forth the facility’s workplace violence prevention plan. The health care facility shall make the plan available on site to each employee and allow any of its employees to review the plan on site upon request.
(d) Each health care facility 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 opt-in staff action program that includes, but is not limited to, anonymous group crisis interventions, individual crisis counseling, staff victims’ support groups, employee victims’ family crisis intervention, peer-help or professional referrals.
(e) Each health care facility shall report every twelve months all incidents of assault and assault and battery under section 13I of chapter 265, aggravated interference with the conduct of a health care facility under section 13I½ of chapter 265, and interference with the conduct of a health care facility under section 13I½ of chapter 265, to the department of public health and the office of the district attorney. The department of public health shall make an annual public report on the prior year’s data using aggregated statewide data of reported incidents.
(f) The commissioner of public health shall adopt rules and regulations necessary to implement the purposes of this act. The rules and regulations shall include such guidelines as the commissioner deems appropriate regarding workplace violence prevention programs required pursuant to this act, and related reporting and monitoring systems and employee training.
SECTION 2. Chapter 149 of the general laws is hereby amended by adding after section 187 the following new section:-
Section 187½. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:
“Employee”, an individual employed by a health care facility as defined in this section.
“Health care facility”, a hospital as defined under section 51 of chapter 111 of the general laws.
(b) A health care facility shall permit an employee to take paid leave from work if: (i) the employee is a victim of assault or assault and battery as defined under section 13I of chapter 265, or aggravated interference with the conduct of a health care facility, as defined under section 13I½ of chapter 265, occurred in the line of duty; and (ii) the employee is using the leave from work to: seek or obtain victim services or legal assistance; obtain a protective order from a court; appear in court or before a grand jury; or meet with a district attorney.
(c) An employee seeking leave from work under this section shall provide appropriate advance notice of the leave to the health care facility as required by the facility's leave policy.
(d) A health care facility may require an employee to provide documentation evidencing that the employee has been 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 clauses (i) and (ii).
(e) If an unscheduled absence occurs, the health care facility 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 unscheduled absence meets the criteria of clauses (i) and (ii).
(f) An employee shall provide such documentation to the health care facility within a reasonable period after the health care facility requests documentation relative to the employee’s absence.
(g) All information related to the employee's leave under this section shall be kept confidential by the health care facility 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) otherwise required by applicable 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 facility.
(h) An employee seeking leave under this section shall not have 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.
(i) No health care facility shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided under this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
(j) No health care facility shall discharge or in any other manner discriminate against an employee for exercising the employee’s rights under this section. The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave taken under this section commenced. Upon the employee’s return from such leave, the employee shall be entitled to restoration to the employee’s original job or to an equivalent position.
(k) The attorney general shall enforce this section and may seek injunctive relief or other equitable relief to enforce this section.
(l) Health care facilities shall notify each employee of the rights and responsibilities provided by this section including those related to notification requirements and confidentiality.
(m) This section shall not be construed to exempt a health care facility 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. Chapter 265 of the general laws is hereby amended in section 13I by inserting at the end thereof the following:-
Any health care employee, as defined in section 244 of chapter 111, who is the victim of assault or assault and battery in the line of duty shall be given the option of providing either the individual’s home address, the address of the health care facility where the assault or assault and battery occurred, the address of a labor organization who is representing the employee, if so requested by the employee, or by requesting a judge to impound the individual’s home address. In instances where the address of the health care facility or labor organization is used, said facility or labor organization shall ensure that the individual receives any documents pertaining to the assault or assault and battery by the next business day of receipt by said facility or labor organization. The health care facility or labor organization shall demonstrate that it has provided any and all documentation by obtaining an acknowledgement of receipt from the individual.
SECTION 4. Chapter 265 of the general laws is hereby amended by adding after section 13I the following new section:-
Section 13I½ Interference with the conduct of a health care facility
(a) For the purposes of this section, the following words shall have the following meanings:-
"Aggravated interference with the conduct of a health care facility”, interference with the conduct of a health care facility, as defined in this section, knowingly and intentionally, when in possession of a weapon, as defined in this section.
“Employee”, an individual employed by, or contracted for employment by, providing health care services at, volunteering at or participating in an educational course of instruction at a health care facility, as defined in this section.
“Health care facility”, a hospital as defined under section 51 of chapter 111 of the general laws.
“Interference with the conduct of a health care facility”, conduct at or in a health care facility so as to knowingly and intentionally deny an employee of the health care facility to enter, to use the facilities of or to leave any such health care facility; knowingly and intentionally impeding any employee of a health care facility from the performance of such employee's duties or activities through the use of restraint, abduction, coercion or intimidation or by force and violence or threat thereof; or knowingly refusing to leave a health care facility upon being requested to leave by the employee charged with maintaining order in such health care facility, if such person is committing, threatens to commit or incites others to commit any act that did, or would if completed, disrupt, impair, interfere with or obstruct the mission, processes, procedures or functions of the health care facility.
“Weapon”, a firearm, knife, heavy object, health care instrument, closed fist, shod foot, or any other item that could cause bodily injury.
Whoever knowingly and intentionally interferes with the conduct of a health care facility shall be punished by imprisonment in the house of correction for not less than 90 days nor more than two and one-half years or by a fine of not less than $500 nor more than $5,000, or both.
Whoever knowingly and intentionally commits aggravated interference with the conduct of a health care facility shall be punished by imprisonment in state prison for not more than five years or imprisonment in a jail or house of correction for not less than 90 days nor more than two and one-half years or by a fine of not less than $500 nor more than $5,000, or any combination of said fines and imprisonment.
SECTION 5. Notwithstanding any general or special law or rule or regulation to the contrary, within twelve months of the date of enactment, the executive office of health and human services shall coordinate with the executive office of public safety and security to issue a report and recommendations to improve data sharing, communication, and collaboration between health care facilities, as defined by section 51 of chapter 111 of the general laws, and public safety and law enforcement entities. The regulations shall include but not be limited to: allowing health care facilities to access reports on individuals maintained by agencies within each department of the executive office of health and human services, and public safety and law enforcement officials through a secure electronic medical record, health information exchange, or other similar software or information systems connected to health care facilities, for the purposes of improving ease of access and utilization of such data for treatment and diagnosis, and supporting integration of such data within a patient’s electronic health record for purposes of treatment of diagnosis; expansion of safe and appropriate state-operated alternative placement options for patients presenting in health care facilities in acute mental health or behavioral health crisis and for whom all reasonable clinical interventions have been unsuccessful, and other alternatives, such as transfer to a more secure hospital, are unavailable, and; identifying and establishing new pathways to enter patients into the forensic system that do not require an arrest.
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An Act relative to firearm dealer licensing
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H2382
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HD3508
| 193
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{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-20T13:09:14.893'}
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[{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-20T13:09:14.8933333'}]
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Bill
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By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 2382) of David K. Muradian, Jr., relative to firearm dealer licensing. Public Safety and Homeland Security.
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SECTION 1. Section 122 of Chapter 140 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, shall be amended by deleting the section in its entirety.
SECTION 2. Section 123 of Chapter 140 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, shall be amended by deleting the section in its entirety.
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An Act regarding the phasedown of HFCs
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H2383
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HD1482
| 193
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{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T12:16:39.067'}
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[{'Id': 'JMM1', 'Name': 'James M. Murphy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMM1', 'ResponseDate': '2023-01-18T12:16:39.0666667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T11:56:27.33'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-10-10T10:05:48.6633333'}]
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Bill
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By Representative Murphy of Weymouth, a petition (accompanied by bill, House, No. 2383) of James M. Murphy and David Henry Argosky LeBoeuf relative to limitations on the use of refrigerants and the phasedown of hydrofluorocarbons. Public Safety and Homeland Security.
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Section 1: Chapter 143 of the General Laws is hereby amended by inserting after section 100 the following section:-
Section 101. Notwithstanding any general or special law to the contrary; No provision of the Massachusetts building code, or any other law, regulation, or other requirement in Massachusetts, may prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. 7671k, provided any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to such designation.
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An Act enhancing child safety
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H2384
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HD1022
| 193
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{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T00:12:06.477'}
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[{'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-18T00:12:06.4766667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-26T19:54:18.5733333'}]
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Bill
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By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 2384) of James J. O'Day and Daniel M. Donahue for legislation to require landlords to install window guards in certain residential units housing children under 10 years of age. Public Safety and Homeland Security.
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SECTION 1. Chapter 111 of the General Laws, as appearing in 2020 Official Edition, is hereby amended by inserting after section 127P the following section:- Section 127Q. Any landlord who has a tenant in a residential unit with a window higher than 6 feet off the ground shall inform the tenant that the landlord shall install window guards in any such windows at no additional cost to the tenant when the tenant can document the presence of children under 10 years of age in the unit. If any such windows are an access to fire escape routes or structures, the window guard shall be removable. 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 obligations 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 $250 but not more than $500.
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An Act establishing a smart gun technology task force
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H2385
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HD3375
| 193
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{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:01:41.48'}
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[{'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-11T10:01:41.48'}]
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Bill
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By Representative Peisch of Wellesley, a petition (accompanied by bill, House, No. 2385) of Alice Hanlon Peisch relative to establishing a smart gun technology task force. Public Safety and Homeland Security.
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SECTION 1. The secretary of public safety and security shall establish a task force to review the feasibility of “smart gun” technology in the commonwealth. The task force shall examine, among other issues: how current firearm safety features compare to “smart gun” technology, whereby a firearm enables only an authorized user to fire the weapon; the availability, readiness and effectiveness of “smart gun” technology; and the costs, benefits and drawbacks of implementing “smart gun” technology in the commonwealth.
SECTION 2. Members of the task force shall be named and the task force shall commence its work within 60 days of the effective date of this act. The task force shall report to the general court the results of its study by filing the same with the clerks of the senate and the house of representatives and the house and senate chairs of the joint committee on public safety and homeland security not more than 365 days after the effective date of this act.
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An Act relative to fire protection systems for buildings and structures
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H2386
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HD880
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:41:07.25'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-11T12:41:07.25'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T11:45:47.1633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-30T16:17:47.8733333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-05-30T16:17:47.8733333'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2386) of Edward R. Philips and Vanna Howard relative to fire protection systems for buildings and structures. Public Safety and Homeland Security.
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SECTION 1. Section 4 of Chapter 22D, as so appearing, is hereby amended by inserting, in line 80, after the word “code”, the following paragraph:-
“The provisions of the fire safety code shall apply to all buildings and structures, other than the State House, including buildings and structures owned, operated, or controlled by the Commonwealth, its agencies, departments, boards, commissions, or political subdivisions. The State Fire Marshal or his/her designee shall enforce the State Fire Code in all state owned or controlled buildings.”
SECTION 2. Subsection (a) of Section 94 of Chapter 143 of the Massachusetts General Laws, as so appearing in the 2012 Official Edition, is hereby amended by adding the following sentence to the second paragraph:-
This shall not include standards for fire protection or life safety systems, as defined in Section 1 of Chapter 148, installed in new or substantially modified buildings in accordance with regulations prescribed by the Board of Fire Prevention Regulations.
SECTION 3. Section 95 of Chapter 143 of the Massachusetts General Laws, as so appearing, is hereby amended by striking out, in subsection (a), in line 5, the words:- and fire prevention.
SECTION 4. Section 96 of Chapter 143 of the Massachusetts General Laws, as so appearing, is hereby amended by inserting in line 3, between the words “demolition” and “promulgated”, the following words:- or fire prevention.
SECTION 5. Section 1 of Chapter 148 of the Massachusetts General Laws, as so appearing in the 2012 Official Edition, is hereby amended by inserting, between the definitions of “Division” and “Head of the Fire Department”, the new definition:-
Fire Protection and Life Safety Systems, any equipment or system relating to fire protection, fire detection, fire warning, fire suppression or carbon monoxide alarms installed in any occupancy defined in 780 CMR or as otherwise defined by the Board of Fire Prevention Regulations through regulation.
SECTION 6. Section 1 of Chapter 148 of the Massachusetts General Laws, as so appearing in the 2012 Official Edition, is hereby amended by inserting, after the definition of Fire Protection and Life Safety Systems, the following definition:-
Fire Safety Code, the comprehensive regulations promulgated by the Board of Fire Prevention Regulations pursuant to the provisions of Section 4 of Chapter 22D of the General Laws and pursuant to this chapter.
SECTION 7. Section 26A of Chapter 148 of the Massachusetts General Laws, as so appearing in the 2012 Official Edition, is hereby amended by striking out in lines 3 and 4, the words “state building code”, and substituting in place thereof the following words:- state fire code.
SECTION 8. Section 26A of Chapter 148, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “board of appeals as provided in the state building code and section twenty-three of chapter twenty-three B”, and substituting in place thereof the following words:- Fire Prevention Regulations Appeals Board as provided in Chapter 22D, section 5.
SECTION 9. Section 26A of Chapter 148 , as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “state building code” and substituting in place thereof the following words:- state fire code
SECTION 10. Section 26B of Chapter 148, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “state building code” and substituting in place thereof the following words:- state fire code.
SECTION 11. Section 26B of Chapter 148, as so appearing, is hereby further amended by striking out, in lines 13 and 14, the words the “board of appeals as provided in the state building code and section twenty-three of chapter twenty-three B”, and substituting in place thereof the following words:- Fire Prevention Regulations Appeals Board as provided in Chapter 22D, section 5
SECTION 12. Subsection (d) of Section 26F½ of Chapter 148 , as so appearing, is hereby amended by striking out, in lines 25-28, the first sentence of the subsection.
SECTION 13. Section 26G of Chapter 148, as so appearing, is hereby amended by striking out, in line 5, the words “state building code” and substituting in place thereof the following words:- state fire code.
SECTION 14. Section 26G½ of Chapter 148, as so appearing, is hereby amended by striking out in lines 6, 7, 19 and 24 the words “state building code” and substituting in place thereof the following words:- state fire code
SECTION 15. Section 26H of Chapter 148, as so appearing, is hereby amended by striking out, in line 4, the words “state building code” and substituting in place thereof the following words:- state fire code.
SECTION 16. Section 26I of Chapter 148, as so appearing, is hereby amended by striking out, in line 9, the words “state building code” and substituting in place thereof the following words:- state fire code.
SECTION 17. Section 26I of Chapter 148, as so appearing, is further amended by adding the following sentence at the end of the section:
Whomever is aggrieved by the head of the fire departments 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 201 of Chapter 6.
SECTION 18. Section 28 of Chapter 148, as so appearing, is hereby amended by adding, after subsection (3), the following new subsection:
(4) to provide adequate standards for the design, installation, or maintenance of fire protection and life safety systems in buildings or structures.
SECTION 19. The provisions of this act shall take effect on January 1, 2017. The provisions of this act shall not apply to any building or structure which was issued a building permit prior to January 1, 2017.
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An Act amending the child passenger restraint exemption to include vehicles used in the ride-share industry
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H2387
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HD2627
| 193
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{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:57:58.733'}
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[{'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-19T12:57:58.7333333'}]
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Bill
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By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 2387) of Edward R. Philips relative to authorizing child passenger restraint exemptions to include vehicles used in the ride-share industry. Public Safety and Homeland Security.
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Section 7AA of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, by inserting after the word “cab” in line 25, the following phrase:-,
"Or registered as part of a ride-share company,"
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An Act relative to POST certified law enforcement officers
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H2388
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HD3453
| 193
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{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-20T12:44:09.02'}
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[{'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-20T12:44:09.02'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-08T10:11:05.88'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:47:35.0766667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-03-21T11:09:43.3766667'}]
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Bill
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By Representative Pignatelli of Lenox, a petition (accompanied by bill, House, No. 2388) of Smitty Pignatelli, Patrick Joseph Kearney and Brian M. Ashe relative to the powers and authorities of certain police officers. Public Safety and Homeland Security.
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Chapter 253 of the Acts of 2020, as so appearing, is hereby amended by inserting the following paragraph under Chapter 6E Section 1:
“All law enforcement officers employed by a law enforcement agency as defined in Chapter 6E section 1 shall have all the powers and authorities of police officers. Wherever “police officer” appears in the Massachusetts General Laws as providing legal authority to “police officers” to engage in law enforcement efforts, that definition shall include all officers who have been POST certified from any law enforcement agency defined in Chapter 6E section 1."
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An Act relative to swimming pool alarms
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H2389
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HD279
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T14:06:11.483'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-10T14:06:11.4833333'}]
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2389) of Angelo J. Puppolo, Jr., relative to swimming pool alarms. Public Safety and Homeland Security.
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SECTION 1. Chapter 140 of the General Laws is hereby amended by adding the following section:-
Section 207. As used in this section, the following words shall, unless the context clearly appears otherwise, have the following meanings:-
“Pool alarm”, a device which meets and is independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alarms" which includes surface motion, pressure, sonar, laser, and infrared type alarms. Pool alarms shall not include swimming protection alarm devices designed for individual use, such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water.
“Swimming pool”, any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing located indoors or outdoors and which is available only to the family and guests of a residential household, including in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
No building permit shall be issued for the construction or substantial alteration of a swimming pool at a residence occupied by, or being built for, 1 or more families unless a pool alarm is installed with the private swimming pool.
No swimming pool shall be used for swimming or recreational bathing unless a pool alarm is installed with the swimming pool by the owner of the residence. Every swimming pool shall be inspected annually by the inspector of buildings of each city and town in which said pool is located for the presence of an operating pool alarm.
Each owner or tenant of every residence required to have a pool alarm in accordance with this section who fails to comply with this section regarding pool alarms shall be fined not less than $100 nor more than $500 for each offense.
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An Act adjusting area median income based on zip code
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H239
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HD717
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:22:40.72'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:22:40.72'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T12:27:28.17'}]
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 239) of Chynah Tyler and Michelle M. DuBois relative to the calculation of area median income in municipalities with a population over 100,000 residents. Community Development and Small Businesses.
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SECTION 1. This section requires the calculation of area median income in a municipality having a population over one hundred thousand to be based on the zip code.
SECTION 2. Section 2 of chapter 40H of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “agency” in line 10, the words: -
“,except in municipalities having a population of 100,000 or more, where median income shall be proportional to the specific zip code in which the dwelling unit or project is located;”
SECTION 3. Section 2 of chapter 40R of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 6, the words: -
“,except in municipalities having a population of 100,000 or more, where areawide median income shall be proportional to the specific zip code in which the housing or project is located;”
SECTION 4. Section 6 of chapter 40R of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development,” in line 35, the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be proportional to the specific zip code in which the residential units or projects are located;”
SECTION 5. Section 1 of chapter 40T of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in lines 29, 36, 62, and 158 the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be proportional to the specific zip code in which the housing or project is located;”
SECTION 6. Section 2 of chapter 44B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in lines 46 and 58, the words: -
“,except in municipalities having a population of 100,000 or more, where areawide median income shall be proportional to the specific zip code in which the housing or project is located;”
SECTION 7. Section 1 of chapter 60 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “guidelines” in line 10, the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be proportional to the specific zip code in which the housing with an affordable housing restriction or similar projects are located;”
SECTION 8. Section 6I of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “guidelines” in line 34, the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be proportional to the specific zip code in which a qualified low-income housing project or similar projects are located;”
SECTION 9. Section 6M of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 106-107, the words “or any successor legislation and the regulation promulgated thereunder” and inserting after the words “42 U.S.C. 1437(a)(B)(2) in line 106, the words: -
“,except in municipalities having a population of 100,000 or more, where median income shall be determined and proportional to the specific zip code in which the household is located.”
SECTION 10. Section 31H of chapter 63 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “family size” in line 35, the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be determined by and proportional to the specific zip code in which a qualified low-income housing project or similar projects are located.”
SECTION 11. Section 6M of chapter 62 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 106-107, the words “or any successor legislation and the regulations promulgated thereafter” and inserting after the words “42 U.S.C. 1437(a)(B)(2) in line 106, the words: -
“,except in municipalities having a population of 100,000 or more, where median income shall be determined and proportional to the specific zip code in which the household is located.”
SECTION 12. Section 26 of chapter 121B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 184, the words “the department” and inserting after the words “determined by” in line 184, the words: -
“and proportional to the specific zip code in which the housing is to be constructed or rehabilitated,”
SECTION 13. Section 26 of chapter 121B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 268, the words “the department” and inserting after the words “defined by” in line 268, the words: -
“the specific zip code in which the site for housing is located.”
SECTION 14. Section 38D of chapter 121B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the words “household size” in lines 16, 22, 36, and 48-49 the words: -
“,except in municipalities having a population of 100,000 or more, where area median household income shall be determined by and proportional to the specific zip code in which the housing or similar projects are located.”
SECTION 15. Section 38D of chapter 121B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 27, the words: -
“,except in municipalities having a population of 100,000 or more, where area median household income shall be determined by and proportional to the specific zip code in which an affordable housing development or similar projects are located.”
SECTION 16. Section 1 of chapter 121E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 17, the words: -
“,except in municipalities having a population of 100,000 or more, where area median household income shall be determined by and proportional to the specific zip code in which the alternative forms of rental and ownership housing or similar projects are located.”
SECTION 17. Section 1 of chapter 121F of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 6, the words: -
“,except in municipalities having a population of 100,000 or more, where area median household income shall be determined by and proportional to the specific zip code in which the affordable housing developments or similar projects are located.”
SECTION 18. Section 1 of chapter 121G of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 5, the words: -
“,except in municipalities having a population of 100,000 or more, where area median household income shall be determined by and proportional to the specific zip code in which the federal-assisted housing or similar projects are located.”
SECTION 19. Section 15 of chapter 167C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 44, the words: -
“,except in municipalities having a population of 100,000 or more, where area median household income shall be determined by and proportional to the specific zip code in which the persons who shall receive the benefits and assistance provided by said fund are located.”
SECTION 20. Section 7A of chapter 167E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 7, the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be determined by and proportional to the specific zip code in which the applicant’s mortgaged property is located.”
SECTION 21. Section 65C ½ of chapter 171 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “Development” in line 7, the words: -
“,except in municipalities having a population of 100,000 or more, where area median income shall be determined by and proportional to the specific zip code in which the applicant’s mortgaged property is located.”
SECTION 22. This act shall take effect immediately.
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An Act relative to protecting our waterways
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H2390
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HD2004
| 193
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{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T09:21:28.29'}
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[{'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-19T09:21:28.29'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-08T12:02:34.1'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-08T15:16:47.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2390/DocumentHistoryActions
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Bill
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By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2390) of Angelo J. Puppolo, Jr., Aaron L. Saunders and Brian M. Ashe for legislation to further regulate the enforcement of waterways. Public Safety and Homeland Security.
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SECTION 1. Section 12 of Chapter 90B of the General Laws, as so appearing, is hereby amended, in the first paragraph, by inserting after the words “ by members of the state police,” the following: “by deputy sheriffs”
SECTION 2. Section 10G of Chapter 21A of the General Laws, as so appearing, is hereby amended, in the first paragraph, by inserting after the words “members of the state police,” the following: “deputy sheriffs”
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An Act relative to Constitutional rights
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H2391
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HD2978
| 193
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:02:35.177'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:02:35.1766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2391/DocumentHistoryActions
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Bill
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By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 2391) of David Allen Robertson relative to protecting the rights of lawful gun owners. Public Safety and Homeland Security.
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SECTION 1. Chapter 140 shall be amended by inserting the following section:-
Section 120A. No county, municipality, township or other community entity within the Commonwealth of Massachusetts may enact, pass or enforce any law, ordinance or regulation concerning the lawful ownership, use, possession, transfer, purchase, receipt or transportation of weapons, antique weapons, ammunition or ammunition components.
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An Act relative to the return of firearms
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H2392
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HD2979
| 193
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:05:27.273'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:05:27.2733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2392/DocumentHistoryActions
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Bill
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By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 2392) of David Allen Robertson relative to the return of firearms stored at private businesses. Public Safety and Homeland Security.
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Chapter 140 of the general laws is hereby amended by inserting after section 123 the following new section:-
"Section 123A. Notwithstanding any general or special law or regulation to the contrary, any person having temporarily stored a weapon with a private business including, but not limited to, a licensed retailer under section 123 or a bonded warehouse under section 129D shall be entitled to the return of their property.
If in the event that said property was transferred to and stored by a private business without the expressed written consent of the property owner, no fees may be charged as a requirement for the return of said property.
Notwithstanding any general or special law or regulation to the contrary, any person having temporarily transferred a weapon to a private business including, but not limited to, a licensed retailer under section 123 or a gunsmith for, but not limited to, repair, modification, warranty work, replacement or maintenance shall be entitled to the return of their property."
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An Act relative to legacy firefighters
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H2393
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HD3003
| 193
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{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:47:22.217'}
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[{'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-01-19T21:47:22.2166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2393/DocumentHistoryActions
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Bill
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By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 2393) of David Allen Robertson for legislation to designate certain firefighters who have completed twenty years of service as legacy firefighters. Public Safety and Homeland Security.
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SECTION 1. Chapter 48 of the General Laws is hereby amended by inserting after section 90 the following section:
Section 91: The Department of Fire Services shall recognize firefighters who have completed twenty years of service within the state of Massachusetts to be considered for the designation of “Legacy Firefighter.” Additionally, firefighters who cannot complete 20 years of service due to premature medical retirement shall also be considered for the designation. It shall be the responsibility of the individual to apply for this designation. Eligible individuals shall provide a notarized letter (hereafter referred to as “Certificate of Service”) verifying their completion of twenty or more years of service from the city, town, or department or combination thereof in which they served in order to be considered for the designation. Additionally, eligible members’ Certificate of Service shall necessarily include verification of a clean conduct record with the department in which they completed their years of service in order to become a recipient of the “Legacy Firefighter” designation.
Recipients of the “Legacy Firefighter” designation shall receive: (1) A certificate issued by the Department of Fire Services honoring them as a “Legacy Firefighter,” (2) a campaign ribbon or like insignia officially recognizing them as such, and (3) upon their passing, a medallion emblazoned with the same design as previously mentioned to be situated at their place of rest.
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An Act to improve transparency and accountability in correctional facilities
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H2394
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HD3087
| 193
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{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:19:23.57'}
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[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T09:19:23.57'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T09:19:25.2566667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:14:55.2366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-01T10:31:05.9466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:52:38.0433333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T20:26:14.3766667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T13:01:08.8533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-25T17:28:24.9766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-08T13:53:47.05'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:44:00.2766667'}]
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T09:19:23.57'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2394/DocumentHistoryActions
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Bill
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By Representatives Rogers of Cambridge and Decker of Cambridge, a petition (accompanied by bill, House, No. 2394) of David M. Rogers, Marjorie C. Decker and others relative to the right of persons incarcerated in correctional institutions, state prisons, jails or houses of correction to confer with news media representative. Public Safety and Homeland Security.
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SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after section 36C the following section:- Section 36D. (a) For the purpose of this section, “news media representatives” are persons who are engaged in reporting news for (1) a radio or television program, (2) an online or print newspaper, (3) an online or print magazine, (4) a national or international news service, including wire services, (5) a website or (6) a podcast. Freelance reporters and journalists shall also be considered news media representatives for the purpose of this section.
(b) No correctional institution, state prison, jail or house of correction, the commissioner of correction, hereinafter the commissioner, sheriff, superintendent, correctional officer, employee, contractor or any other staff member shall abridge the right of a person incarcerated in any correctional institution, state prison, jail or house of correction in the commonwealth to confer with any news media representative. Such news media representatives may visit an incarcerated person at such times as may be established under rules promulgated by the commissioner. News media representatives shall have rights to unimpeded, confidential, in person visitation and video conferencing commensurate with the rights of attorneys established in section 36A of this chapter; provided, that there shall be no restrictions on the access of news media representatives due to housing placement or disciplinary sanctions imposed on an incarcerated person for any offense.
(c) All correctional institutions, state prisons, jails and houses of correction shall provide for unimpeded, unmonitored, and confidential telephone communication between news media representatives and incarcerated persons. News media representatives shall be permitted to establish a telephone line which shall be authorized for confidential communication with any incarcerated person. All correctional institutions, state prisons, jails and houses of correction shall provide an online system whereby news media representatives may register their information, including, but not limited to, their email addresses and telephone numbers. The correctional institutions, state prisons, jails and houses of correction shall publish information regarding media access on their websites and provide said information to all incarcerated persons upon entry into such facilities. Ordinary pre-authorization processes, telephone limitations, restrictions and cap limits shall not apply to conversations between incarcerated persons and news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times be permitted telephone access to news media representatives.
(d) Attorneys shall be permitted to bring with them a news media representative on any legal visit with an incarcerated person, including in-person visits, video visits and video conferencing.
(e) Retaliation against any incarcerated person for communication with a news media representative shall be prohibited and punishable by disciplinary action up to and including termination.
(f) The commissioner shall update regulations in accordance with this section.
(g) Sheriffs shall update policies in accordance with this section.
SECTION 2. Section 87 of Chapter 127 of the General Laws is hereby amended by inserting in subsection (a) after the words “the commissioner or any deputy commissioner of correction,” the following words:- any news media representative as defined in section 36D of chapter 127
SECTION 3. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 170. (a) The following data regarding use of force at all correctional institutions, state prisons, jails and houses of correction shall be collected and provided to any person upon request as well as published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney General and the Governor, to review and recommend clear limitations on the use of physical force by state and county correction officers and juvenile detention officers: (1) the number of incidents facility-wide, (2) the number of incidents in any form of segregated confinement, (3) the number of incidents during mental health watches, (4) the number of incidents involving incarcerated people who are being treated for psychiatric disabilities, (5) the number of incidents by race of involved incarcerated people and by race of involved staff, (6) the number of incidents resulting in injury to an incarcerated person, (7) the number of incidents resulting in injury to staff, (8) the number of incidents where any incarcerated person had to be treated at an outside hospital, as well an accounting of the injuries that required treatment, (9) the number of incidents where a correctional officer or any other staff person had to be treated at an outside hospital, as well as an accounting of the injuries that required treatment (10) the number of incidents involving use of chemical agents, (11) the number of incidents involving use of a restraint chair, (12) the number of incidents involving use of any kinetic impact weapon, (13) the number of incidents involving K-9s, and (14) the number of incidents involving any other use of force tool. Each data point shall include a breakdown by planned use of force, spontaneous cell entry and other use of force.
(b) The following data regarding use of force complaints, investigations, and outcomes at all correctional facilities shall be collected and provided to any person upon request as well as published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney General and the Governor: (1) the number of grievances and other complaints alleging that excessive force was used against an incarcerated person, (2) the number of investigations conducted by internal affairs related to use of force and an accounting of the outcomes of those investigations, including all findings and all resulting discipline, (3) a list of all officers, including their current employment status and position, who have been found to have engaged in excessive use of force, and (4) a list of all officers, including their current employment status and position, who have been found to have lied or been otherwise not fully truthful and cooperative in the course of an investigation related to use of force.
(c) An incarcerated person and their legally designated representative shall have the right to obtain a copy of all records relating to any use of force incident involving the incarcerated person, including, but not limited to, written reports, investigations, investigation findings, interviews, video and audio recordings and photographs. All such records must be provided within 10 business days of any request. All such records shall also be public records, except that records access officers must redact the name and identifying information of any involved incarcerated person before providing the records to any requestor who is not the involved incarcerated person or who does not have a release from them.
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An Act establishing a primary seat belt law
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H2395
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HD85
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:12:23.59'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T10:12:23.59'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-07T09:33:27.3233333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-25T11:34:58.85'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T11:18:40.6966667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T15:18:10.0466667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T11:34:43.1'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T11:34:43.1'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T11:34:43.1'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:34:43.1'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T14:11:14.7766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T09:58:36.05'}]
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{'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-01-07T09:31:48.763'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2395/DocumentHistoryActions
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Bill
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By Representatives Roy of Franklin and McMurtry of Dedham, a petition (accompanied by bill, House, No. 2395) of Jeffrey N. Roy, Paul McMurtry and others relative to establishing a primary seat belt law. Public Safety and Homeland Security.
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SECTION 1. Section 13A of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the second paragraph, and inserting in the place thereof the following:
Any person who operates a motor vehicle without a safety belt, and any person 16 years of age or over who rides as a passenger in a motor vehicle without wearing a safety belt in violation of this section, shall be subject to a fine of 50 dollars. Any operator of a motor vehicle shall be subject to an additional fine of 50 dollars for each person under the age of 16 and no younger than 12 who is a passenger in said motor vehicle and not wearing a safety belt. The provisions of this section shall be enforced by law enforcement agencies when an operator of a motor vehicle or passenger who rides in the motor vehicle is not wearing a safety belt in violation of motor vehicle laws. Safety belt violations will not result in surcharges on motor vehicle insurance premiums, and a police officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section. Fees derived from primary seat belt citations will be deposited in the Head Injury Treatment Services Trust Fund established pursuant to section 59 of chapter 10.
SECTION 2. The provisions of Section 1 shall take effect 180 days from the effective date of this act.
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An Act relative to the requirement of explosive gas sensor devices
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H2396
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HD103
| 193
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{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:19:22.86'}
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[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:19:22.86'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-19T11:12:31.6666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2396/DocumentHistoryActions
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Bill
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By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 2396) of Jeffrey N. Roy and Carmine Lawrence Gentile for legislation to require explosive gas sensor devices in residential buildings. Public Safety and Homeland Security.
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SECTION 1: Chapter 148 of the General Laws is amended by adding Paragraphs (a) through (g) as a new Section 26F3/4.
(a) Every dwelling, building or structure, including those owned or operated by the commonwealth, occupied in whole or in part for residential purposes, that: contains equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns an explosive gas shall be equipped by the owner with working, approved explosive gas sensor device in conformance with the requirements of the board of fire prevention regulations; provided, however, that such requirements shall include, but not be limited to, a requirement that a landlord or superintendent shall install either approved monitored battery-powered alarms or approved electrical wiring alarms as defined by the board, as are required to make the alarms operational at the beginning of any rental period by lease or otherwise and shall maintain and, if necessary, replace batteries or such battery-operated or electric hardwired explosive gas sensor device annually thereafter to insure their continued operability.
(b) The board of fire prevention regulations shall promulgate such regulations as may be necessary to effectuate this section including, but not limited to, the type, installation, location, maintenance and inspectional requirements of explosive gas sensor devices.
(c) Every dwelling, building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the requirements of this section.
(d) The state building code may impose stricter explosive gas sensor device requirements for new construction or dwellings, buildings, or structures substantially renovated so as to constitute the equivalent of new construction. Every such dwelling building or structure, occupied in whole or in part for residential purposes, shall, upon sale or transfer of such dwelling, building or structure, be inspected by the head of the fire department for compliance with the explosive gas sensor device requirements of the state building code in effect on the date of the issuance of the relevant building permit.
(e) The head of the fire department shall enforce this section.
(f) The department of public health shall promulgate such rules and regulations as may be necessary to effectuate subsection (a) into the state sanitary code as established under section 127A of chapter 111.
(g) "Explosive gas sensor device" means an alarm device that complies with the applicable standards of the American National Standards Institute, or its successor, for residential devices for the detection of explosive quantities of methane and propane gases, unless such standards are superseded by rules adopted by the board of fire prevention regulations.
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An Act relative to parole review for aging incarcerated people
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H2397
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HD3018
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{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T21:59:40.82'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T21:59:40.82'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T22:03:04.67'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-08T12:59:52.1666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-08-16T15:02:59.4'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-10T10:59:34.2733333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-07-13T15:51:39.2833333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-07-19T15:20:47.8766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-06-28T09:03:16.3933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-03T17:52:28.4066667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-07-11T12:37:28.8'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-09T16:27:50.44'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-08-14T09:44:49.75'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T12:33:40.5866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-01T14:03:49.7466667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-15T15:42:48.0166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-03T18:33:05.2833333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-06T14:22:18.7766667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-27T11:48:15.5566667'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-10-04T15:28:45.51'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-15T15:56:30.29'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:13:17.05'}]
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T22:01:15.733'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2397/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton and Senator Miranda, a joint petition (accompanied by bill, House, No. 2397) of Lindsay N. Sabadosa, Liz Miranda and others relative to parole review for aging incarcerated persons. Public Safety and Homeland Security.
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Chapter 127 of the MGL is amended by inserting Section 133F: Parole eligibility for people aged 55 and older who have served at least half or 15 years of their sentence.
a) Notwithstanding any other section of law, when a person serving a sentence of incarceration has served at least (i) one half of their minimum term of sentence, or (ii) one half of their total aggregate sentence if serving multiple consecutive sentences, or (iii) one half of the component sentence that carries the latest date if serving multiple concurrent sentences, or (iv) fifteen years, whichever is less, and has reached the age of fifty-five, the parole board shall schedule a hearing within sixty days of eligibility, i.e. the date of the person's fifty-fifth birthday or the day that they meet the time served requirement of this subsection, whichever is later, to determine whether such person should be granted a parole permit under section Chapter 127 Section 133A. The board must also give special consideration to the incarcerated person’s advanced age; long-term confinement; diminished physical or mental condition if any, and reasonable accommodations for such conditions.
b) After such hearing the parole board may, by a vote of two-thirds of its members, grant to such an incarcerated person a permit to be at liberty upon such terms and conditions as it may prescribe for the unexpired term of his sentence. The parole board shall issue its decision within two months of the hearing. If such permit is not granted, the parole board shall, at least once in each ensuing two year period, consider carefully and thoroughly the merits of each such case on the question of releasing such prisoner on parole and may, by a vote of two-thirds of its members, grant such parole permit.
c) All decisions to grant or deny parole shall be made without bias pertaining to a person’s race, ethnicity, disability, religion, sexual orientation, or gender identity
d) The hearings required by this subsection shall be in addition to and not replace other parole or medical parole eligibility.
e) If an incarcerated person is indigent, the incarcerated person shall have the right to have appointed counsel at the parole hearing and shall have the right to funds for experts pursuant to chapter 261.
f) The Parole Board shall file an annual report not later than March 1 for the prior fiscal year 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: (i) the number of incarcerated people in the custody of the department of correction or the sheriffs who were eligible for parole under this section and the age, gender, race, ethnicity, and governing offense of each person; (ii) the number of incarcerated people who have been granted parole under this section and the age at the time of the hearing, gender, race and ethnicity, and governing offense of each person; (iii) the number of incarcerated people who have been denied parole under this section, the reason for the denial, and the age, gender, race and ethnicity, and governing offense of each person; (iv) the number of incarcerated people eligible for parole under this section who have had previous elder parole hearings; (vii) the number of incarcerated people released under this section who have been returned to the custody of the department or the sheriff and the reason for each prisoner's return. Nothing in this report shall include personally identifiable information of incarcerated people.
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An Act to promote equitable access to parole
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H2398
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HD1984
| 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': '2023-01-19T09:31:46.097'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T09:31:46.0966667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:15:42.11'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-01T11:15:32.3333333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:54:37.29'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T20:27:16.69'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T13:04:42.5333333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:03:55.2933333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-25T04:35:48.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2398/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 2398) of Lindsay N. Sabadosa and others relative to access to parole. Public Safety and Homeland Security.
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SECTION 1. Section 4 of chapter 27 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
"There shall be in the department, but not subject to its jurisdiction, a parole board, consisting of nine members, to be appointed by the governor, with the advice and consent of the council, for terms of five years. The governor may, with the advice and consent of the council, remove members from the board for cause, upon a written certification of such cause; provided that such member shall have the right to notice and the opportunity for a public hearing before the council relative to such removal."
SECTION 2. Section 4 of said chapter 27, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
"At all times, at least four members of the parole board shall have at least five years of experience in fields of psychiatry, psychology, social work, or the treatment of substance use disorder. One of those four members must be a licensed mental health professional, as defined in G.L. c. 123, § 1. And at all times one of the nine members of the board shall be a formerly incarcerated individual who has completed the parole process three or more years prior and who has a background in at least one of the following areas: psychology, mental health and/or substance use, transitional housing, re-entry after incarceration, public safety, or law. If, at any time, the parole board does not have the above designated five members, then, until the board composition complies with this requirement, every candidate recommended for a parole board position must possess at least one of the qualifications listed above. All members of the Parole Board, parole officers, and transitional service unit employees shall undergo annual cultural competency and implicit bias training, and structural racism education. This provision applies notwithstanding any other provision of law.”
SECTION 3: Section 133A of chapter 127 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the first paragraph in its entirety and replacing it with the following paragraph:
"Every prisoner who is serving a sentence for life in a correctional institution of the Commonwealth, except prisoners serving a life sentence for murder in the first degree who had attained the age of 18 years at the time of the murder and except prisoners serving more than one life sentence arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, shall be eligible for parole at the expiration of the minimum term fixed by the court under section 24 of chapter 279. The parole board shall, for every person who is eligible for parole, conduct a public hearing no later than 90 days before the person’s parole eligibility date. The hearing shall be before a panel of at least six members of the board for purposes of granting parole. The Board shall issue its record of decision no later than 30 days before the parole eligibility date for initial parole hearings, and for review hearings, within 60 days of the hearing. If a board member has a conflict of interest to the extent that he or she cannot render a fair and impartial decision or that the appearance of a board member would be unduly burdensome because of illness, incapacitation, or other circumstance, the chair shall appoint another member of the board to the hearing panel. Whether a member is unavailable for the purposes of this section shall be determined by the chair. Board members shall appear unless said chair determines them to be unavailable. Under no circumstances shall a parole hearing proceed pursuant to this section unless at least five members are present at the public hearing, with the sixth member voting after watching a recording of the hearing."
SECTION 4. Section 133A of chapter 127 of the General Laws, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
"After such hearing the parole board may, by a vote of a majority of the hearing panel, grant to such prisoner a parole permit to be at liberty upon such terms and conditions as it may prescribe for the unexpired term of his sentence. If such permit is not granted, the parole board shall, at least once in each ensuing three year period, consider carefully and thoroughly the merits of each such case on the question of releasing such prisoner on parole, and may, by a vote of the majority of the hearing panel, grant such parole permit. By request of the hearing panel, any case may be referred to the full membership of the board for further consideration."
SECTION 5: Section 136 of chapter 127 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding after the first paragraph the following:-
"Any information provided to the board shall also be made available to the prisoner or the prisoner's representative except for such portion thereof which contains information the board determines is actually necessary to keep confidential to protect the security of a criminal or civil investigation, to protect anyone from physical harm or to protect the source of any information; provided, however, that it was obtained under a promise of confidentiality."
SECTION 6. Section 130 of chapter 127 of the General Laws, as amended by St. 2018, c. 72, § 6, eff. Jan. 13, 2019, is hereby struck and replaced with the following paragraphs:-
All parole release and revocation hearings shall be recorded and securely stored, and the recordings shall be available to parole applicants, the victim/survivor, and their respective counsel promptly upon request. All recordings of parole hearings for people serving life sentences shall be public records. Representation of parole applicants by attorneys or law students under attorney supervision shall be permitted.
A parole permit shall be granted unless the board determines by clear and convincing evidence that, even if released with appropriate conditions and community supervision, the prisoner will not live and remain at liberty without violating the law. Assessment as low risk on a recent validated risk assessment tool, completion of institutional program plans, or placement in a minimum security or prerelease setting shall indicate readiness for parole release.
The board shall consider the prisoner’s participation in available work opportunities, educational opportunities and treatment programs and the prisoner’s demonstrated good behavior. The board shall also consider whether community-based risk reduction programs, made available through collaboration with criminal justice agencies or with the Department of Mental Health, Department of Developmental Disabilities or Department of Public Health, and other aspects of the prisoner's parole plan would minimize the probability of the prisoner reoffending once released. During any periods of state or public health or other emergency that impact the operations of the prison system, the parole board shall consider any public health or public interest in granting parole and shall consider the impact of continued incarceration on the incarcerated person’s own health and safety.
The Board shall not consider evidence of conduct, either criminal, juvenile, or institutional, that was dismissed, not charged, or resulted in a disposition other than a guilty finding.
The record of the board's decision shall contain a summary statement of the evidence presented at the hearing and shall include specific reasons for the decision that are particular to that parole applicant, including written certification that each board member voting on the issue of granting a parole permit has reviewed the entire criminal record of the applicant, as well as the number of members voting in favor of granting a parole permit and the number of members voting against granting a parole permit. Minority or dissenting votes shall be accompanied by a statement of reasons for that vote written by that board member. Any record of decision denying parole shall specify, in detail and not in conclusory terms, the reasons for the denial, all evidence relied upon, and the particular tasks that the applicant must complete prior to the next hearing in order to gain a parole permit. Any minority or dissenting opinions shall be included in the record of decision. Said record of decision shall become a public record and shall be available to the public except for such portion thereof which contains information upon which said decision was made which said information the board determines is actually necessary to keep confidential to protect the security of a criminal or civil investigation, to protect anyone from physical harm or to protect the source of any information; provided, however, that it was obtained under a promise of confidentiality. All such confidential information shall be segregated from the record of decision and shall not be available to the public. Said confidential information may remain secret only as long as publication may defeat the lawful purposes of this section for confidentiality hereunder, but no longer.
For any prisoner with a disability, the parole board must consider whether provision of reasonable accommodations will enable the prisoner to live and remain at liberty without violating the law. Prisoners with disabilities that may impact the likelihood of parole release shall have a right to appointed counsel and shall have the right to expert funds pursuant to chapter 261. The board shall evaluate disability utilizing a qualified screening tool at minimum three times prior to anticipated parole hearing date, including upon incarceration or reincarceration.
Upon issuance of a grant of parole to anyone who needs specialized care due to bodily infirmity or disease and who is unable to secure a home plan, the parole board shall notify the Commissioner of the Department of Public Health who shall secure a medically appropriate placement for such prisoner within 60 days. No individual who has been granted parole shall remain incarcerated for failure to secure an appropriate home plan.
Any and all parole guidelines, policies and practices must be publicly available. The board shall also make adjustments in its guidelines, policies and practices to prevent systemic disparate impact based solely on prisoners' race, ethnicity, sexual orientation, gender identity, or socio-economic characteristics. The board shall produce a public report detailing its assessment of the guidelines, policies and practices adjustments made to each as a result thereof.
A prisoner to whom a parole permit is granted shall be allowed to go upon parole outside prison walls and enclosure upon such terms and conditions as the parole board shall prescribe, but shall remain, while thus on parole, subject to the jurisdiction of such board until the expiration of the term of imprisonment to which he has been sentenced or until the date which has been determined by deductions from the maximum term of his sentence or sentences for good conduct and any further deductions for compliance credits granted pursuant to section 130C, provided that such combined deductions shall not exceed 35 per cent of the term of imprisonment to which the prisoner has been sentenced, or until such earlier date as the board shall determine that it is in the public interest for such prisoner to be granted a certificate of termination of sentence. Once a person has lived on parole for three years without violating the law, upon application, the Board shall terminate their parole pursuant to MGL c. 127, sec 130A unless there is clear and convincing evidence that it is in the public interest for parole to continue.
Each condition of parole imposed by the parole board shall be reasonably related to the crime of conviction of the person placed on parole and no more restrictive than necessary to assure the parolee can live safely in the community. For each condition imposed, the parole board shall state the reasonable relation the condition has to the person’s crime of conviction and why no less restrictive conditions would assure the parolee’s safety in the community.
No person placed on parole shall be prohibited from associating with another person or group of people, except that the parole board may impose a condition prohibiting association with a specific, named person or persons if the prohibition on association is reasonably related to the crime of conviction.
No person placed on parole shall be prohibited from using or possessing alcohol or drugs, or subject to testing for alcohol or drug use, unless the use or possession of alcohol or drugs is reasonably related to the crime of conviction.
If the parole board requires as a condition of parole that the person reside in alcohol and drug free housing within the commonwealth, the parole board shall require the parole officer to refer the defendant only to alcohol and drug free housing certified under section 18A of chapter 17 and the parole officer shall require the defendant to reside in such certified housing in order to satisfy such condition. If accredited alcohol and drug free housing is not available, the parole board shall permit the parole officer to refer the person placed on supervised probation to alcohol and substance free housing that is available and that appropriately supports the recovery goals of the person. If the parole board imposes as a condition of parole that the person reside in alcohol and drug free housing in another state, the parole board may permit the parole officer to refer the person to alcohol and drug free housing that, in the parole board’s discretion, appropriately supports the recovery goals of the person.
If the parole board requires as a condition of parole that the person enroll in any program, including but not limited to treatment for substance use or an educational program, the parole board shall ensure that such program is available in the county in which the person will reside. The parole board shall require the parole officer to provide support to the person to assist with identifying appropriate programs, applying or enrolling, and other positive supports. A good faith effort to enroll in programs shall not be grounds for a violation notice to issue and shall be a defense to an alleged violation of any parole condition involving program enrollment.
No person placed on parole shall be found to have violated a condition of parole solely on the basis of possession or use of a controlled substance that is legal or has been lawfully dispensed pursuant to a valid prescription to that person by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional's practice.
No person placed on parole shall have a parole permit revoked solely for violating a condition of parole that does not result in a new conviction.
The board shall keep and aggregate data on grants and denials of parole and rescissions and revocations of parole. This data shall be released to the public on a quarterly basis. The data shall include, but not be limited to, race, ethnicity, gender, voluntarily disclosed sexual orientation, disability, the type of crime, the type of parole hearing including whether a release hearing was an initial hearing, a review hearing or a review after revocation hearing, the length of the prisoner's sentence and the amount of time served. For release hearings, the data shall include the time elapsed between a grant of parole and the date the prisoner is released on parole.
Section 7 - Section 158 of chapter 127 of the General Laws as appearing in the 2016 Official Edition, is hereby amended by adding after the word “employment” in the first paragraph the following: “housing, mental health services, medical care, and treatment for substance use disorders, or any other services necessary for them to live successfully in the community”
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An Act relative to a voluntary do-not-sell list for firearms purchases
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H2399
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HD2910
| 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': '2023-01-19T18:07:16.28'}
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[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T18:07:16.28'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-20T09:58:07.5733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2399/DocumentHistoryActions
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Bill
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By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 2399) of Lindsay N. Sabadosa relative to a voluntary do-not-sell list for firearms purchases. Public Safety and Homeland Security.
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SECTION 1. Chapter 140 of the General Laws is hereby amended by inserting after section 131Y the following section:-
Section 131Z. (a) The department of criminal justice information services, hereinafter department, shall establish a voluntary do not sell firearms list, hereinafter the list, in the commonwealth to prohibit the purchase, rental, lease, borrowing, possession and carrying of firearms by any person who voluntarily registers to be enrolled into the list. The department shall maintain and update the list, which shall be available only to licensing authorities and the colonel of state police. The department shall promulgate any regulations and develop any policies for the implementation of the list.
(b) The department, the colonel of state police and all licensing authorities shall withhold from public disclosure all information regarding a request to be enrolled into or removed from the list and any other personal identifying information contained in or related to the list, except that said information may be disclosed to a law enforcement officer, as defined in section 1 of chapter 6E, acting in the performance of the officer’s official duties or the applicant with respect to the applicant’s own information.
(c) Any person 18 years of age or older may apply in writing to the department to request voluntary enrollment into the list and, after being enrolled into the list, may apply in writing to the department to request removal from the list. The application for enrollment into and removal from the list shall be on forms prescribed by the department. Pursuant to subsection (f), the forms shall state that any person enrolled into the list shall not be removed from the list until 21 days after receiving an application for removal. The commissioner of the department shall make the forms available on the department website and the colonel of state police shall make the forms available on the department of state police website.
(d) Any person requesting enrollment into or removal from the list shall submit a photocopy of: (1) a motor vehicle license issued pursuant to section 8 of chapter 90; (2) an identification card issued under section 8E of chapter 90; (3) a valid passport issued by the United States government; or (4) a valid United States issued military identification card to accompany the enrollment and removal form. The request for enrollment into or removal from the list may be submitted to the department by mail or in person at any department of state police office location.
(e) Upon enrolling a person into the list, the department shall submit a notification indicating the person's enrollment on the voluntary do not sell firearms list to the attorney general of the United States for the National Instant Criminal Background Check System. The department shall also notify the person by mail that the person has been enrolled into the list.
(f) The department shall not remove any person from the list until 21 days after receipt of the person's removal request. Upon removal of a person's name from the list, the department shall: (i) submit a notification indicating the person’s removal from the voluntary do not sell firearms list to the attorney general of the United States for the National Instant Criminal Background Check System; and (ii) destroy all records of enrollment into and request for removal from the list.
(g) The department shall engage in a public awareness campaign to raise awareness about this option.
SECTION 2. Section 129B of said chapter 140, as so appearing, is hereby amended by striking out, in lines 100 and 101, the words “or (xi)” and inserting in place thereof the following words:-
(xi) is enrolled on the voluntary do not sell firearms list established in section 131Z;
SECTION 3. Section 131 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 258 and 259, the words “or (x)” and inserting in place thereof the following words:-
(x) is enrolled on the voluntary do not sell firearms list established in section 131Z;
SECTION 4. Section 131F of said chapter 140, as so appearing, is hereby amended by striking out, in lines 56 and 57, the words “or (x)” and inserting in place thereof the following words:-
(x) is enrolled on the voluntary do not sell firearms list established in section 131Z.
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An Act relative to parental and family leave equity for members of public retirement systems
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H24
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HD24
| 193
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{'Id': None, 'Name': "Massachusetts Teachers' Retirement System", 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-07T16:47:46.913'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H24/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 parental and family leave equity for members of public retirement systems. Public Service.
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SECTION 1. The second sentence of clause (i)of subdivision (1) of section 3 of Chapter 32 is hereby amended by adding after the word “duty” the following words:
“or other reasons permitted under the family and medical leave laws pertaining to his position”
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An Act relative to starter home school cost reimbursement
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H240
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HD2430
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T13:01:47.353'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T13:01:47.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H240/DocumentHistoryActions
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Bill
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By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 240) of David T. Vieira relative to new smart growth development and smart growth zoning district. Community Development and Small Businesses.
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SECTION 1. Chapter 40S of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 1 by striking out the definitions of “New smart growth development” and “Smart growth zoning district” and inserting in place thereof the following:-
''New smart growth development'', any new residential or commercial development, including the substantial redevelopment of existing buildings, subject to the payment of local property taxes that: (a) occurs in a smart growth or starter home zoning district after the adoption of such zoning by the community, and (b) is permitted under the provisions of the smart growth or starter home zoning district. A redevelopment shall be considered substantial if its cost exceeds 50 per cent of the building's pre-renovation assessed value or if it constitutes a change in use from nonresidential to residential.
''Smart growth zoning district'', a zoning district adopted by a community and approved by the department of housing and community development which is eligible, and which remains eligible for density bonus payments under chapter 40R including without limitation smart growth zoning districts as defined in section 1 of chapter 40R and starter home zoning districts as defined in section 1 of said chapter 40Y.
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[]
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An Act relative to public safety around hospitals with air emergency helipads
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H2400
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HD918
| 193
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{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-17T15:29:48.253'}
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[{'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-17T15:29:48.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2400/DocumentHistoryActions
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Bill
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By Representative Sena of Acton, a petition (accompanied by bill, House, No. 2400) of Danillo A. Sena relative to aircraft flight training maneuver public safety around hospitals with air emergency helipads. Public Safety and Homeland Security.
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Notwithstanding any general or special law or rule or regulation to the contrary, non-emergency aircraft flight training maneuvers are prohibited within a 2 nautical mile radius of hospital helipads in the commonwealth. These areas should be avoided for simulated landings, practice approaches, turns about a point, power off turns, and related maneuvers. Overflights of such areas may not descend below 2,000 feet above ground level (AGL) and should be avoided. Private flight schools and recreational pilots are not to consider these locations appropriate areas to concentrate maneuvers due to public safety.
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[]
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[]
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[]
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An Act relative to public safety retention in gateway municipalities
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H2401
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HD469
| 193
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{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-13T10:54:40.443'}
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[{'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-13T10:54:40.4433333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:34:21.98'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-31T12:52:19.6433333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T12:53:02.39'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T14:50:31.8233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2401/DocumentHistoryActions
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Bill
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By Representative Silvia of Fall River, a petition (accompanied by bill, House, No. 2401) of Alan Silvia and others relative to public safety retention in gateway municipalities. Public Safety and Homeland Security.
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Chapter 41 of the General Laws is hereby amended by inserting after section 108P the following section:-
108Q. (a) For the purposes of this section the following words shall, unless the context requires otherwise, have the following meaning:
“Gateway municipality”, a municipality with a population greater than 35,000 and less than 250,000 with a median household income below the commonwealth's average and a rate of educational attainment of a bachelor's degree or above that is below the commonwealth's average.
“Public safety department”, a functional division of a gateway municipality that provides fire fighting, law enforcement, ambulance, medical or other emergency services.
“Secretary”, the secretary of public safety.
(b) There is hereby established a public safety employee retention program offering grants for improvements to public safety departments in gateway municipalities that offer retention incentives to their employees.
(c) A public safety department in a gateway municipality shall be eligible for a grant pursuant to this section if it offers any of the following incentives to its employees:
(1) competitive wages;
(2) regular cost-of-living adjustments to wages;
(3) retention bonuses;
(4) lateral hiring incentives;
(5) optional training in addition to trainings required by law; and
(6) any other retention incentive approved by the secretary.
(d) The amount of any grant awarded pursuant to this section shall be proportional to the number of qualifying retention incentives listed in subsection (c).
(e) Grant monies awarded to public safety departments in gateway municipalities pursuant to this section may be used for:
(1) the employment of additional public safety department employees; or
(2) any other purpose approved by the secretary.
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[]
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[]
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[]
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An Act relative to the lawful sale of handguns
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H2402
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HD2108
| 193
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{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-18T16:04:35.25'}
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[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-18T16:04:35.25'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2402/DocumentHistoryActions
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Bill
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By Representative Smola of Warren, a petition (accompanied by bill, House, No. 2402) of Todd M. Smola relative to the lawful sale of guns. Public Safety and Homeland Security.
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SECTION 1. Section 2 of Chapter 93A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 11, after the word "chapter" the following words: provided that such rules and regulations shall not govern, limit, or otherwise relate to weapons as defined in Section 121 of Chapter 140, the manufacture of weapons or the sale of weapons. Further, that any such rule or regulations having previously being promulgated are hereby repealed.
SECTION 2. Section 123 of chapter 140 shall be stricken in its entirety and replaced with the following;
Section 123. A license granted under section one hundred and twenty-two shall be expressed to be and shall be subject to the following conditions:—
First, That the provisions in regard to the nature of the license and the building in which the business may be carried on under it shall be strictly adhered to.
Second, That the license or a copy thereof, certified by the official issuing the same, shall be displayed on the premises in a position where it can easily be read.
Third, That the licensee shall submit a record of all sales, rentals and leases forthwith at the time of such sale, rental or lease via electronic communication link to the commissioner of the department of criminal justice information services.
Fourth, That every firearm, rifle or shotgun shall be unloaded when delivered.
Fifth, That no weapon shall be sold, rented or leased to a minor or a person who has not a permit then in force to purchase, rent or lease the same.
Sixth, That upon the sale, rental or lease of a firearm, subject to a permit to purchase issued under the provisions of section one hundred and thirty-one A, the licensee under section one hundred and twenty-two shall take up such permit to purchase and shall endorse upon it the date and place of said sale, rental or lease, and shall transmit the same to the executive director of the criminal history systems board; and that upon the sale, rental or lease of a machine gun shall endorse upon the license to possess the same the date and place of said sale, rental or lease, and shall within seven days transmit a notice thereof to said executive director. In case of a sale under the provisions of section one hundred and thirty-one E the licensee under section one hundred and twenty-two shall write in the sales record book the number of the license to carry firearms issued the purchaser under the provisions of section one hundred and thirty-one, or the number of the firearm identification card issued the purchaser under the provisions of section one hundred and twenty-nine B, whichever is applicable under the provisions of condition Eighth of this section.
Seventh, That this license shall be subject to forfeiture as provided in section one hundred and twenty-five for breach of any of its conditions, and that, if the licensee hereunder is convicted of a violation of any such conditions, this license shall thereupon become void.
Eighth, That the third condition shall not apply to a gunsmith with regard to repair or remodeling or servicing of firearms, rifles or shotguns unless said gunsmith has manufactured a firearm, rifle or shotgun for the purchaser, but said gunsmith shall keep records of the work done by him together with the names and addresses of his customers. Such records shall be kept open for inspection by the police at all times.
Ninth, That any licensee shall keep records of each sale, rental or lease of a rifle or shotgun, specifying the description of said rifle or shotgun, together with the name and address of the purchaser, renter or lessee, and the date of such transaction.
Tenth, That the current validity of any firearm identification card, license to carry firearms or permit to purchase, rent or lease firearms presented, and that the person presenting said card, license or permit is the lawful holder thereof, shall be verified by the licensee prior to any sale, rental or lease of a weapon.
Eleventh, That the licensee shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: “IT IS UNLAWFUL TO STORE OR KEEP A FIREARM, RIFLE, SHOTGUN OR MACHINE GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER.”, and that such licensee shall provide said warning, in writing, to the purchaser or transferee of any firearm, rifle, shotgun or machine gun in bold type not less than one-quarter inch in height.
Twelfth, That all licensees shall maintain a permanent place of business wherein all transactions described in this section shall be conducted and wherein all records required to be kept under this section shall be so kept.
Thirteenth, That any licensee from whom a rifle, shotgun, firearm or machine gun is lost or stolen shall report such loss or theft to the licensing authority and the executive director of the firearms record bureau forthwith. Such report shall include a complete description of the weapon, including the make, model, serial number and caliber and whether such weapon is a large capacity weapon.
Fourteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler, and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm is prone to: (i) firing more than once per pull of the trigger; or (ii) explosion during firing.
No person licensed under the provisions of section 122 or section 122B shall sell, rent, lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding device contrary to the provisions of section 130 or section 131E; and no such licensee shall sell, rent, lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding device to any person who does not have in his possession the required firearm identification card or proof of exemption therefrom, license to carry firearms or permit to purchase, rent or lease firearms and who does not present such card, proof, license or permit to the licensee in person at the time of purchase, rental or lease.
No person licensed under the provisions of section 122 or section 122B shall fill an order for such weapon, ammunition or ammunition feeding device that was received by mail, facsimile, telephone or other telecommunication unless such transaction or transfer includes the in-person presentation of the required card, proof, license or permit as required herein prior to any sale, delivery or any form of transfer of possession of the subject weapon, ammunition or ammunition feeding device. Transactions between persons licensed under section 122 or between federally licensed dealers shall be exempt from the provisions of this paragraph.
The licensing authority shall enter, one time per calendar year, during regular business hours, the commercial premises owned or leased by any licensee, wherein such records required to be maintained under this section are stored or maintained, and inspect, in a reasonable manner, such records and inventory for the purpose of enforcing the provisions of this section. If such records and inventory contain evidence of violations of this section, the inspecting officer shall produce and take possession of copies of such records and, in the event that the licensee subject to inspection does not possess copying equipment, the inspecting officer shall arrange to have copied, in a reasonable time and manner, such records that contain evidence of such violations and the costs for such copying shall be assessed against the owner of such records. Licensees found to be in violation of this section shall be subject to the suspension or permanent revocation of such license issued under section 122 and to the provisions of section 128. Nothing herein shall prohibit the licensing authority or the department of state police from conducting such inspections pursuant to a valid search warrant issued by a court of competent jurisdiction.
Notwithstanding the provisions of this section, a person licensed under the provisions of section one hundred and twenty-two, or section one hundred and twenty-two B, may sell or transfer firearms, rifles, shotguns, machine guns or ammunition at any regular meeting of an incorporated collectors club or at a gun show open to the general public; provided, however, that all other provisions of this section are complied with and that such sale or transfer is in conformity with federal law or regulations applicable to the transfer or sale of firearms, rifles, shotguns, machine guns or ammunition, including the restrictions imposed upon firearm identification cards issued under section 129B, licenses to carry firearms issued under section 131 and permits to purchase, lease or rent firearms issued under section 131A.
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An Act relative to firearms and recreational vehicles
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H2403
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HD2186
| 193
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{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:35:25.14'}
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[{'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-12T16:35:25.14'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2403/DocumentHistoryActions
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Bill
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By Representative Smola of Warren, a petition (accompanied by bill, House, No. 2403) of Todd M. Smola relative to carrying a firearm while on a recreational vehicle. Public Safety and Homeland Security.
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SECTION 1. Subsection (g) of section 26 of chapter 90B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “chapter 131”, in line 71, the following: “, or to any person licensed under section 131 or 131F of chapter 140”.
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[]
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An Act relative to the postpartum treatment of women in correctional facilities
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H2404
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HD4049
| 193
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{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T16:36:33.587'}
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[{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T16:36:33.5866667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-20T16:36:33.7733333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-14T13:19:46.2066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T13:19:46.2066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T14:51:32.06'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-22T14:51:32.06'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-09T15:50:20.6666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:50:06.31'}]
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{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-20T16:36:33.587'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2404/DocumentHistoryActions
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Bill
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By Representatives Sousa of Framingham and Khan of Newton, a petition (accompanied by bill, House, No. 2404) of Priscila S. Sousa, Kay Khan and others relative to the postpartum treatment of women in correctional facilities. Public Safety and Homeland Security.
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Section 118 of said chapter 127, as so appearing, is hereby amended by changing the first sentence of the eighth paragraph to the following:-
“During post-delivery recuperation, an inmate shall remain in the hospital until the attending physician certifies that she may be safely discharged and transferred back to the correctional facility, as well as until the pediatrician caring for the infant has deemed the infant has had sufficient time in the biological mother’s presence to reasonably ensure the health of the infant up to, but not exceeding 72 hours.”
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An Act relative to kayak safety
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H2405
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HD421
| 193
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{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T16:50:25.64'}
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[{'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-12T16:50:25.64'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2405/DocumentHistoryActions
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Bill
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By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 2405) of William M. Straus relative to kayak safety. Public Safety and Homeland Security.
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SECTION 1. Section 1 of chapter 90B of the General laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Boating accident” the following definition:-
“Canoe”, a narrow, light boat, the sides of which meet in a point at each end, which is moved by 1 or more paddles.
SECTION 2. Said section 1 of said chapter 90B, as so appearing, is hereby further amended by inserting after the definition of “Jet skis” the following definition:-
“Kayak”, a lightweight boat that is covered, except for a single or double opening in the center, which is propelled by a paddle.
SECTION 3. Said section 5A of said chapter 90B, as so appearing, is hereby futher amended by inserting in the first sentence after the word “vessel” the following:-
“including canoes and kayaks”
SECTION 4. Said chapter 90B is hereby further amended by inserting after section 13A the following section:¬-
Section 13B. Whoever holds himself out as a kayak instructor for hire shall obtain and maintain:
(i) first aid training approved by the department of public health;
(ii) cardiopulmonary resuscitation training approved by the department of public health; and
(iii) a kayak instructor certification from the American Canoe Association, small craft safety certification from the American Red Cross and basic water rescue or equivalent water training.
The instructor shall train students on the safety procedures appropriate to the level of paddling difficulty. Wet exit training shall be required of all beginners and novice level operators who use an attached spray skirt during any part of the kayak instructional session. For the purposes of this section, “wet exit training” shall mean the practice of escaping from a capsized kayak in a controlled water setting. A liability release that limits an instructor’s responsibility to comply with this section shall be void.
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An Act relative to furthering the success of opiate intervention programs
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H2406
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HD1282
| 193
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{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T10:43:22.49'}
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[{'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-01-18T10:43:22.49'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T12:17:43.1066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T19:34:46.36'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-26T15:05:51.3433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2406/DocumentHistoryActions
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Bill
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By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No. 2406) of Alyson M. Sullivan-Almeida and others relative to immunity from prosecution for certain first responders for providing or transferring opioid antagonists to certain persons. Public Safety and Homeland Security.
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SECTION 1: Section 34A of Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:-
(f) State and municipal law enforcement personnel and emergency medical personnel to include, but not limited to, emergency medical technicians (EMTs), paramedics, and fire department personnel may provide and transfer an opioid antagonist to an individual or to his or her responsible family member, friend, or other person, along with instructions on administration and use of the opioid antagonist, to provide opioid overdose protection to the individual, in the good-faith judgment based on their experience, training, knowledge, observations, and information provided by the individual at substantial risk of experiencing an opioid-related overdose event from the individual’s family, friend, or others with knowledge of the individual’s prior opioid use.
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[]
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An Act relative to membership on the POST commission
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H2407
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HD1286
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:28:56.76'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:28:56.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2407/DocumentHistoryActions
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Bill
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By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2407) of Jeffrey Rosario Turco relative to the membership of the Peace Officer Standards and Training Commission. Public Safety and Homeland Security.
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Section 2 of Chapter 6E (a) of the General Laws, is hereby amended by inserting after the words “Massachusetts Bar Association” the words: “1 of whom shall be appointed from a list of 3 nominations submitted by the Massachusetts Coalition of Police.”
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An Act relative to the labor participation in the POST commission
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H2408
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HD1288
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:29:56.48'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:29:56.48'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-24T15:13:58.2433333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-24T15:13:58.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2408/DocumentHistoryActions
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Bill
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By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2408) of Jeffrey Rosario Turco relative to the membership of the Peace Officer Standards and Training Commission. Public Safety and Homeland Security.
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Section 2 of Chapter 6E (a) of the General Laws, is hereby amended by inserting after the words “Massachusetts Bar Association” the words: “2 of whom shall be appointed from a list of 6 nominations submitted by law enforcement labor organizations”
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An Act related to public safety and police evidence review
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H2409
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HD1299
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:36:18.313'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:36:18.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2409/DocumentHistoryActions
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Bill
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By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2409) of Jeffrey Rosario Turco that law enforcement departments provide resources to ensure officers can make accurate statements. Public Safety and Homeland Security.
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Notwithstanding any general law or special law to the contrary, law enforcement departments shall provide resources to ensure officers can make an accurate statement.
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An Act encouraging smart growth and starter home zoning adoption
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H241
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HD2436
| 193
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{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T13:04:50.73'}
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[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-19T13:04:50.73'}]
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Bill
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By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 241) of David T. Vieira relative to smart growth and starter home zoning adoption. Community Development and Small Businesses.
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SECTION 1. Chapter 40R of the General Laws, as most recently amended by Chapter 268 of the Acts of 2022, is hereby amended in section 9 by striking out subsections (a) and (b) and inserting in place thereof the following:-
(a) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a zoning incentive payment, according to the following schedule:
Projected Units of New Construction Payment
Up to 20 $20,000
21 to 100 $150,000
101 to 200 $400,000
201 to 500 $740,000
501 or more $1,200,000
Subject to any conditions imposed by the department as a condition of approving a smart growth zoning district or starter home zoning district, the zoning incentive payment shall be payable upon confirmation of approval of the district by the department. The projected number of units shall be based upon the zoning adopted in the smart growth zoning district or starter home zoning district.
(b) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a one-time density bonus payment to each city or town with an approved smart growth zoning district and a one-time production bonus payment to each city or town with an approved starter home zoning district. This payment shall be $6,000 for each housing unit of new construction created in the smart growth zoning district and $6,000 for each housing unit of new
construction created in the starter home zoning district. The amount due shall be paid on a unit-by-unit basis in accordance with department regulations, upon submission by a city or town of proof of issuance of a building permit for a particular housing unit or units within the district.
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An Act relative to firearm licensing modernization and accountability
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H2410
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HD2268
| 193
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{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:16:32.067'}
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[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:16:32.0666667'}]
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Bill
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By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 2410) of Jeffrey Rosario Turco relative to firearm licensing. Public Safety and Homeland Security.
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G.L. Chapter 140, is amended by insertion of a new section:
Section ###
Notwithstanding any general or special law to the contrary, All applications for license or card regarding the possession, transfer, carrying, or other lawful acts with a firearm, rifle or shotgun shall be submitted to the Firearms Record Bureau. Said application can be submitted by electronic, paper or other means as may be convenient to the applicant.
Within seven days of the receipt of a completed application, the firearms record bureau shall conduct a records search of any criminal record of the applicant arising from within or without the commonwealth and determine whether the applicant is a prohibited person. Such search shall include files maintained by the department of mental health, department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. If the information available to the firearms record bureau does not indicate that the applicant is a prohibited person under state or federal law, the firearms record bureau shall issue such license or card applied for within 30 days.
The Secretary of Public Safety and Security shall be responsible for entire licensing system as a whole and for the protection of the constitutional and other legal rights of any applicant or license/card holder.
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An Act relative to the spread of COVID-19 in correctional facilities
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H2411
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HD734
| 193
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{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:46:45.383'}
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[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:46:45.3833333'}]
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Bill
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By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 2411) of Chynah Tyler relative to the spread of COVID-19 in correctional facilities. Public Safety and Homeland Security.
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SECTION 1. For the purposes of this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Administrator”, chief administrative officer of a county correctional facility.
“Correctional facility”, any building, enclosure, space or structure used for the custody, control and rehabilitation of committed offenders and of such other persons as may be placed in custody therein in accordance with law.
“County correctional facility” or “jail”, any correctional facility or jail owned, operated, administered or subject to the control of a county of the commonwealth.
“State correctional facility” or “prison”, any correctional facility or prison owned, operated, administered or subject to the control of the department of correction, including but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, Shirley; Souza-Baranowski Correctional Center; and Bridgewater State Hospital.
“Superintendent”, the chief administrative officer of a state correctional facility or prison.
SECTION 2. (a) Prior to starting a shift, each employee, including correctional officers, of a state correctional facility or county correctional facility shall be provided with and take a COVID-19 rapid antigen test before entering the facility. Individual employees shall produce a negative test before entering a site at the start of each work day.
(b) In a state correctional facility, the superintendent shall be responsible for providing tests and ensuring that only employees who test negative for COVID-19 enter the state correctional facility. In a county correctional facility, the administrator shall be responsible for providing tests and ensuring that only employees who test negative for COVID-19 enter the county correctional facility.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure regular testing of correctional facility staff members during the COVID-19 outbreak in the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience.
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An Act to increase oversight of the Massachusetts State Police through stringent budget accounting and regulation of overtime reporting
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H2412
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HD1474
| 193
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{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T12:02:30.64'}
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[{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-17T12:02:30.64'}]
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Bill
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By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 2412) of Erika Uyterhoeven for legislation to increase oversight of the Massachusetts State Police through stringent budget accounting and regulation of overtime reporting. Public Safety and Homeland Security.
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SECTION 1. Section 17 of chapter 22C of the Massachusetts General Laws is hereby amended by inserting after the first sentence, inclusive, the following:-
This statement shall include an itemized list of projected expenses, including but not limited to: labor costs, pension and employee benefit costs, equipment costs, weapons purchases, fuel purchases, vehicle purchases, and all other expenditures that arise from being included under “Department of State Police and Related Programs” Direct Appropriations 8100-1001, as well as any budget item where the requested expense is greater than $50,000 in a given fiscal year.
SECTION 2. Section 18 of said chapter 22C is hereby amended by striking the first paragraph, inclusive, and inserting in place thereof the following :-
The colonel may, in the event of any public emergency, or of any unusual demand for the services of members of the state police serving in any bureau of the department, or whenever he deems it in the public interest, require such members to work additional hours of duty and prevent such members from taking time off when entitled thereto, or at the time assigned therefor; provided, however, that such members shall be compensated for any additional work in accordance with the provision of section thirty C of chapter one hundred and forty-nine. All allocations of overtime shall be subject to review by the Office of the Inspector General for supervision. The colonel shall furnish copies of all employee overtime reports to the Office of the Inspector General annually, not after January 31st for the previous year’s reports, beginning January 31, 2026. Additionally, any employee of the Department of State Police who is found by a supervisor or other employee, by a preponderance of the evidence, to have falsified, fraudulently submitted, or otherwise purposely misrepresented information on any documents pertaining to overtime payment for hours worked shall be suspended from the Department of State Police until an investigation is conducted by the Office of the Inspector General. If the employee is found to have falsified any overtime documentation, they shall be terminated from the Department of State Police, effective immediately and suffer a loss of pension. Any employee of the Department of State Police, having previously been found by said Department to have falsified overtime payment reports, shall be immediately terminated, barred from future employment with the Department of State Police, and suffer a loss of pension.
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An Act relative to a fresh start
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H2413
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HD923
| 193
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{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T15:36:45.787'}
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[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-17T15:36:45.7866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:41:07.79'}]
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Bill
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By Representative Vargas of Haverhill, a petition (accompanied by bill, House, No. 2413) of Andres X. Vargas and Vanna Howard for legislation to establish within the Executive Office of Public Safety a fresh start program for the purpose of removing certain existential negative collateral consequences. Public Safety and Homeland Security.
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SECTION 1. Section 98F of Chapter 41 is hereby amended by striking out in the last sentence the word "18" and inserting in place thereof the following word:- "25".
SECTION 2. Notwithstanding any special or general laws to the contrary, Chapter 41 of the General Laws is hereby amended by inserting after section 98F the following section:-
Section 98FF. (a) There shall be within the Executive Office of Public Safety a Fresh Start Program to: (i) serve the purpose of removing the negative collateral consequences, including but not limited to difficulty in gaining employment, mental health challenges, and varied other barriers to social and economic mobility, of past stories reported online about an individual’s criminal offense(s) or other events as deemed applicable by the program; (ii) allow any individual the opportunity to submit a request to update, remove, or anonymize a story published online through a specified media outlet(s); (iii) share written recommendations to specified media outlets with respect to each individual's request for changes to past stories based upon the review of the program, providing that all media outlets will be encouraged to accept the recommended decisions of the program; and (iv) include the promotion of diverse marketing and promotion efforts to ensure awareness of this program to the general public.
(b) There shall be a Fresh Start Coordinating Council that will be responsible for: (a) identifying best practices for pre-publication reporting and unpublishing protocols; (b) establishing a set of guidelines for the review of applications submitted by all individuals based upon the above mentioned best practices, providing that such guidelines shall be adopted only after the approval of the Council by a majority vote in the affirmative of those members so voting; (d) providing recommendations to the Secretary of the Executive Office of Public Safety and Security for the appointment of the Director of the Fresh Start Program, known as the Director; (e) developing best practices and journalistic standards for the reporting or un-reporting of any offenses committed by young adults under the age of 25; and (f) approving and managing any appeal process for final decisions of all applications based on the guidelines set by the Council.
(c) The Council shall consist of twenty-five members to be appointed with the approval of the Governor. Said Council members shall advise the Director in all matters relating to oversight and supervision of the program. The Council shall be comprised of the following members: one of whom shall be a member of the house of representatives to be appointed by the Speaker of the House, one of whom shall be a member of the Senate to be appointed by the Senate President; one of whom shall be the Secretary of Public Safety and Security or a designee; not more than ten representatives from daily newspapers or other media outlets in Massachusetts that have an online publication; one of whom shall be the executive director of the American Civil Liberties Union of Massachusetts, Inc. or a designee; one of whom shall be the Chief Justice of the Trial Court or designee; one of whom shall be the president of the Massachusetts Major City Chiefs of Police Association; one of whom shall be the Chief Counsel of the Committee for Public Counsel Services or designee; one of whom shall be the President of the Massachusetts District Attorney Association or designee; three of whom have past histories of incarceration to be appointed by the Secretary of the Executive Office of Public Safety and Security; and no less than four of whom to be appointed by the Governor, including representatives of two organizations dedicated to serving justice-involved young adults. Said members shall elect a chairperson and shall meet at least quarterly for a minimum of two-year terms as set by the Secretary. The Council shall submit a report annually by July 1 to the governor and the clerks of the senate and house. The report shall include: (i) data related to the percentage of applications received; (ii) periodic benchmarks for, and strategies to achieve, any stated goals; (iii) data demonstrating the number and percentage of decisions that were accepted by media outlets; and (iv) any additional recommendations or findings.
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An Act relative to American Sign Language Training
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H2414
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HD2054
| 193
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{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:02:56.97'}
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[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:02:56.97'}]
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Bill
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By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 2414) of Marcus S. Vaughn for legislation to provide sign language training for public safety personnel and emergency medical personnel. Public Safety and Homeland Security.
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SECTION 1. Section 165 of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after clause (6) the following clause:-
(7) the establishment of training and on-going education courses that allow for basic understanding of American Sign Language by all levels of fire service personnel.
SECTION 2. Section 20 of chapter 22C of the General Laws, as so appearing, is hereby amended by inserting after the word “program”, in line 5, the following words:- ; provided that such training program shall include courses that allow for basic understanding of American Sign Language.
SECTION 3. Said section 20 of said chapter 22C, as so appearing, is hereby further amended by inserting after the word “police”, in line 6, the following words:- ; provided that such in-service training program shall include courses that allow for basic understanding of American Sign Language.
SECTION 4. Section 9 of chapter 111C of the General Laws, as so appearing, is hereby amended by inserting after the word “chapter”, in line 17, the following words:- ; and unless such person or any person providing, operating or participating in an ambulance service has successfully completed courses that allow for basic understanding of American Sign Language."
SECTION 5. Said chapter 111C, as so appearing, is hereby further amended by adding the following section:-
Section 26. The department shall designate certain American Sign Language courses as eligible for continuing education credits required pursuant to this chapter.
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An Act establishing a special commission to ensure the safety and sustainability of non-profit public events
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H2415
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HD3548
| 193
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{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-20T13:20:21.887'}
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[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-20T13:20:21.8866667'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T11:31:35.5566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-20T10:51:11.4533333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-04-11T14:20:39.5633333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T16:27:37.9966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T09:57:05.52'}]
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Bill
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By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 2415) of Tommy Vitolo and others relative to establishing a special commission (including members of the General Court) to ensure the safety and sustainability of non-profit public events. Public Safety and Homeland Security.
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Chapter 23A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 13H a new section containing the following:
Section XXX: A special commission is hereby established for the purposes of making an investigation, study and evaluation relative to the costs and benefits attributable to creating a fund to support the needs of public safety and sustainability and waste mitigation for nonprofit events in the commonwealth. The special commission shall: review the costs for both security and sustainability for nonprofit events; recommend appropriate funding sources for developing a fund to offset the security and sustainability costs for Massachusetts nonprofits incurred during public events.
The commission shall consist of: the secretary of public safety or their designee; the director of the Massachusetts Office on Travel and Tourism or their designee; 1 member of the senate who shall be appointed by the Senate President; 1 member of the House of Representatives who shall be appointed by the Speaker of the House; 2 members selected from a list of 3 people submitted by the Greater Boston Convention and Visitors Bureau (Meet Boston); and 2 members who shall be selected from a list of 3 names submitted by the Massachusetts Municipal Association.
The special commission shall make recommendations, including proposed amendments to section 12 of chapter 23A of the General Laws. The special commission shall file its recommendations, including any proposed legislation, with the clerks of the Senate and House of Representatives not later than 120 days after the passage of this legislation.
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An Act requiring human trafficking recognition training for certain hospitality workers
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H2416
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HD1184
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:21:28.237'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:21:28.2366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T10:42:23.5533333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-20T11:51:35.2'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-01T11:26:48.2533333'}]
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T10:42:23.537'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2416/DocumentHistoryActions
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Bill
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By Representative Walsh of Peabody and Senator Lovely, a joint petition (accompanied by bill, House, No. 2416) of Thomas P. Walsh, Joan B. Lovely and others relative to requiring human trafficking recognition training for certain hospitality workers. Public Safety and Homeland Security.
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Chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 6B the following section:-
Section 6C. (a) For the purposes of this section, “qualified accommodation” shall mean a hotel, motel, lodging house or bed and breakfast establishment, as defined in section 1 of chapter 64G, except for accommodations exempt from the room occupancy excise pursuant to section 2 of said chapter 64G.
(b) Every licensed innholder operating a qualified accommodation shall establish a human trafficking recognition training program, and shall require every employee of such accommodation to participate in the training program. The training program shall be approved by the attorney general, and may be provided by organizations or providers approved by the attorney general pursuant to subsection (d). The training program may be developed by a federal, state or nonprofit organization, and may be incorporated as part of the innholder’s existing training programs. Human trafficking recognition training programs required pursuant to this section shall include, but shall not be limited to training relative to:
(i) the nature of human trafficking;
(ii) how human trafficking is defined pursuant to section 50 and 51 of chapter 265;
(iii) how to identify victims of human trafficking, as defined in section 20M of chapter 233;
(iv) relief and recovery options for survivors; and
(v) social and legal services available to victims.
(c) Every licensed innholder operating a qualified accommodation shall post in plain view, in the lobby and in any public restroom of such qualified accommodation, a written notice developed by the attorney general, which shall include the national human trafficking hotline telephone number and the number for the human trafficking hotline established by the attorney general pursuant to subsection (d).
(d) The attorney general shall: (i) make available a list of approved human trafficking recognition training programs for use by a licensed innholder operating a qualified accommodation pursuant to this section; (ii) develop a standard written notice to be posted in every qualified accommodation pursuant to subsection (c); and (iii) establish a toll-free hotline for reporting human trafficking.
(e) The attorney general shall promulgate regulations necessary to implement this section.
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An Act establishing the Massachusetts Law Enforcement Memorial Fund
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H2417
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HD1225
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:48:08.203'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:48:08.2033333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T08:43:13.2133333'}]
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T08:43:13.213'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2417/DocumentHistoryActions
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Bill
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By Representative Walsh of Peabody and Senator Tarr, a joint petition (accompanied by bill, House, No. 2417) of Thomas P. Walsh and Bruce E. Tarr for legislation to establish the Massachusetts law enforcement memorial fund. Public Safety and Homeland Security.
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Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 35PPP the following section:
Section 35QQQ. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Law Enforcement Memorial Fund to be used without appropriation by a department of public safety for the purpose of making annual payments to the Massachusetts Law Enforcement Memorial to memorialize and honor Massachusetts law enforcement personnel killed in the line of duty. There shall be credited to the fund revenues received by the commonwealth from the sale of registration plates under section 2G of chapter 90.
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An Act relative to overdose fatalities
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H2418
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HD1194
| 193
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{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:26:49.467'}
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[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:26:49.4666667'}]
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Bill
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By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 2418) of Thomas P. Walsh relative to establishing a daily log of all responses to calls for assistance relating to opiate overdoses. Public Safety and Homeland Security.
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Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 98H the following section:-
Section 98I. (a) Each city, town or district police department and fire department shall keep a daily log of all responses to calls for assistance relating to an opiate overdose, which shall include the name of the person experiencing the overdose, their home address, the address to which the department responded to the call, and whether or not the overdose was fatal. All such daily logs shall be recorded in a central database, and shall be accessible to all city, town or district police departments and fire departments.
(c) Daily logs developed pursuant to this section shall not be public records nor shall the information contained in such logs be disclosed to the public. Further, such information shall only be accessed by police department and fire department personnel, and shall be used to monitor overdose responses and fatalities, and to provide updated information for departments carrying out overdose follow-up visits.
(d) Any police department or fire department personnel carrying out overdose follow-up visits shall routinely check the database for any updated information prior to any follow-up visit.
(e) The department of public safety and security shall consider input from city, town and district police departments and fire departments, and shall promulgate regulations regarding the central database and information sharing, and said regulations shall be in compliance with any federal standards for protecting personal health information.
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An Act relative to the availability of personal floatation devices at certain municipal and recreational programs and camps
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H2419
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HD606
| 193
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{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:31:47.477'}
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[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:31:47.4766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-04-03T11:37:52.9833333'}]
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Bill
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By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 2419) of Bud L. Williams relative to the availability of personal floatation devices at swimming pools of certain municipal and recreational programs and camps. Public Safety and Homeland Security.
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Section 127A½ of chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 6, the word “excluding” and inserting in place thereof the following word:- including.
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An Act to establish the Western Massachusetts balanced sustainable development commission
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H242
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HD611
| 193
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{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:34:39.923'}
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[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:34:39.9233333'}]
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Bill
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By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 242) of Bud L. Williams for legislation to establish the Western Massachusetts balanced sustainable development commission. Community Development and Small Businesses.
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Section 1. Whereas the Western portion of Massachusetts, specifically the Pioneer Valley has different characteristics than the Eastern portion, in terms of population density, types of industry, access of population to undeveloped land, visibility to the Boston media, and so forth, and
Whereas over time thee different characteristics have led to differentials in the impacts of policies and programs adopted from time to in the area of housing, fair housing, school integration, regional transportation, taxation, and economic development, and
Whereas this differential impact may have played some part in the fact that this Western portion of Massachusetts, now defined as the Springfield Region, has been Nationally recognized as having a generally high level of racial segregation, including the highest level of White-Hispanic segregation in the United States, and
Whereas this same area has also underperformed in comparison with the Eastern portion of the Commonwealth in terms of its ability to implement modern sustainability strategies such as mass transportation, balanced housing, and economic development in general, then
Section 2. Therefore it is resolved that this Western Massachusetts Balanced Sustainable Development Act is hereby adopted by the Massachusetts General Court to implement the following measures:
1. To mandate that a regional Sustainable Development Commission be created consisting of representatives of regional planning agencies in Hampden, Hampshire, and Franklin Counties together with representatives of organizations concerned with fair housing, organized labor, and chambers of commerce or similar organizations concerned with economic development recognized by the General Court in the impacted area to annually track and assess the impact of State policies on the Springfield Region and make recommendations to the General Court for appropriate modifications of these policies, and recommendations as to the appropriateness of pending legislation and other policies of the Commonwealth which may have a differential effect on the Region; and
2. To further mandate that the said Commission devise strategies of remediation or plans to counter any negative impacts of past policies of the Commonwealth so as to create a more racially and economically integrated, economically vital, and environmentally sustainable region in the future; and
3. To further mandate and authorize creation of a special, tax-exempt, urban and regional development corporation, to be controlled jointly by regional elected officials, representatives of business organizations, and representatives of organized labor, which shall have the power make contracts, acquire property through eminent domain, buy and sell bonds, as it sees appropriate to implement development programs and projects required to implement the remediation strategies and/or plans developed by the Sustainable Development Commission to create more balanced housing, more effective development in the fields of commercial or industrial development, or other development as it the Commission may determine based on its research and consultation with the populace and institutions of the Springfield Region and/or Pioneer Valley.
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An Act providing for an audit of gun violence prevention and intervention funding
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H2420
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HD2270
| 193
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{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T10:34:49.23'}
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[{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T10:34:49.23'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T17:58:26.92'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-15T15:56:40.5733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-20T13:03:50.5733333'}]
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Bill
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By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 2420) of Christopher J. Worrell and Michelle M. DuBois for legislation to provide for an audit and an investigation by a special commission concerning gun violence prevention and intervention funding. Public Safety and Homeland Security.
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(a) There shall be established, pursuant to section 2A of chapter 4 of the General Laws, a special legislative commission on gun violence. The commission shall conduct an audit and investigation into gun violence prevention funding in the Commonwealth.
(b) The special legislative commission shall consist of members of grassroots and community-based gun violence organizations from communities most impacted by gun violence.
(c) The audit and investigation shall include, but not be limited to, an examination of all gun violence and intervention funding in the commonwealth, including, but not limited to: (i) funding appropriated to and expended by the Massachusetts office for victim assistance for the purposes of addressing gun violence and prevention; (ii) funding appropriated for and expended by the grant program administered by the executive office of public safety known as the Senator Charles E. Shannon, Jr. Community Safety Initiative for the purposes of addressing gun violence and prevention; (iii) funding appropriated to and expended for the safe and successful youth initiative for the purposes of addressing gun violence and prevention; (iv) funding appropriated to and expended for youth-at-risk and primary violence prevention programs; (v) funding appropriated to and expended for the neighborhood-based gun and violent crime prevention pilot program for targeted work with out-of-school youth and young adults aged 17 to 24; (vi) which communities, broken down by census tract, have been most impacted by gun violence; and (vii) in which communities, broken down by census tract, funds have been expended to address gun violence and prevention.
(d) The special legislative commission shall submit a report within 180 days of the effective date of this act detailing the findings of the investigation and recommendations, including, but not limited to, a recommendation of whether the neighborhood-based gun and violent crime prevention pilot program should be made a permanent program in the department of public health or re-established in another department, to the secretary of public safety; the secretary of health and human services; the clerks of the house of representatives and the senate; the joint committee on public safety and homeland security; the joint committee on racial equity, civil rights and inclusion; and the joint committee on ways and means.
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An Act relative to emergency response in an active shooter or hostile event situation
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H2421
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HD130
| 193
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{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-10T11:16:33.083'}
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[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-10T11:16:33.0833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T12:09:41.82'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T12:09:41.82'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-18T15:00:51.6333333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-05T09:38:06.0266667'}]
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Bill
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By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 2421) of Steven George Xiarhos, Vanna Howard and Paul McMurtry relative to emergency response in an active shooter or hostile event situation. Public Safety and Homeland Security.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 18V the following section:-
Section 18W. Active Shooter/Hostile Events Response (ASHER) Program:
(a) Definitions
Active Shooter/Hostile Events Response (ASHER) Program; A community-based approach to preparedness, mitigation, response, and recovery from an ASHER incident, including public and private partnerships, emergency management, the medical community, emergency responders, and the public.
Department; The Executive Office of Public Safety and Security
Secretary; The Secretary of Public Safety and Security
(b) The department shall adopt the National Fire Protection Association’s NFPA 3000 Standard as the standard guideline for active shooter or hostile event situations in the Commonwealth.
(c) The department, in conjunction with state, county, municipal, and regional law enforcement, fire services, emergency medical services, and emergency response agencies, develop and implement standard training requirements to achieve an integrated preparedness, response, and recovery for active shooter or hostile event situations.
(d) There shall be within the department an Active Shooter or Hostile Event Situation (ASHER) Executive Council, consisting of the Secretary or their designee; Fire Marshall or their designee; the Colonel of the State Police or their designee, a medical director appointed by the OEMS medical director; the director of the office of preparedness and emergency management at the department of public health, or a designee; and 10 members appointed by the Secretary, or their designee, as follows: 1 each from the Professional Fire Fighters of Massachusetts, the Massachusetts Ambulance Association, the Fire Chiefs Association of Massachusetts, the International Association of EMTs and Paramedics, the Massachusetts Chiefs of Police, the Massachusetts Coalition of Police, the State Police Association of Massachusetts, a representative of the state 911 department and 2 members at large. The Secretary shall appoint the chair of the executive council. Each appointed member of the executive council shall serve a term of 3 years, or until a successor is appointed and qualified. At least one-half of the total appointed members of executive council shall constitute a quorum for the transaction of business. Appointees shall serve without compensation.
(e) The executive council shall meet, at a minimum, once quarterly, and shall assist in coordinating the efforts of all persons and agencies in the state concerned with the emergency response in an active shooter or hostile event situation, and shall render advice on the development of the emergency response in an active shooter or hostile event situation. The executive council, in consultation with the department, shall submit an annual report to the Secretary and to the Clerks of the House of Representatives and Senate, on or before June 30.
(f) It shall be the duty of the department to plan, guide, assist, coordinate and regulate the development of an emergency response plan in an active shooter or hostile event situation.
(g) The department shall be the lead state agency for development and recommendations on emergency response to an active shooter or hostile event situation in the Commonwealth. The department shall have the authority to:
(1) direct and coordinate a program for planning, developing, maintaining, expanding, improving and upgrading emergency response in an active shooter or hostile event situation.
(2) establish minimum standards and criteria for all elements of emergency response in an active shooter or hostile event situation, taking into consideration relevant standards and criteria developed or adopted by nationally recognized agencies or organizations, and the recommendations of interested parties.
(3) define and approve the minimum standards for training programs on emergency response in an active shooter or hostile event situation in this state.
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An Act relative to the security of exercise equipment and free weights in correctional institutions
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H2422
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HD600
| 193
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{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-13T16:36:20.883'}
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[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-13T16:36:20.8833333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-30T15:02:44.5866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T15:02:44.5866667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-30T15:02:44.5866667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T15:02:44.5866667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-30T16:56:59.16'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T14:38:26.75'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-09T15:55:41.17'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-03-16T10:13:08.5833333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-02-09T08:46:59.8333333'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-02-13T11:32:44.0733333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-09T11:05:37.58'}, {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-02-09T13:30:21.2633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T15:25:33.7366667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-31T15:59:49.83'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T08:32:16.8633333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-30T15:57:59.1066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-30T17:05:54.3866667'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-01-31T09:48:07.87'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-01T15:21:27.3133333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-16T11:58:51.37'}, {'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-02-06T10:07:27.83'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T15:59:49.83'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-31T15:59:49.83'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:49:43.4233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T12:12:24.8066667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-03-16T08:28:21.8933333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:34:44.8166667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T07:57:39.4266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T07:38:56.2666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T14:01:50.9'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2422/DocumentHistoryActions
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Bill
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By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 2422) of Steven George Xiarhos and others relative to the security of exercise equipment and free weights in correctional institutions. Public Safety and Homeland Security.
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SECTION 1. This Act shall be commonly known as "Matt's Law".
SECTION 2. Section 14 of Chapter 125 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end thereof the following sentence:- The superintendent shall be responsible for ensuring that any and all exercise equipment accessible by inmates is secured in order to prevent its removal and that no inmate in a medium-security or maximum-security correctional institution has access to any free weights.
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An Act relative to providing advanced life support to police dogs injured in the line of duty
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H2423
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HD1121
| 193
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{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-18T10:10:05.163'}
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[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-18T10:10:05.1633333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-23T15:37:45.5166667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-30T15:39:14.1066667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-04T15:36:19.1533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T07:57:16.7533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T19:33:54.3933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2423/DocumentHistoryActions
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Bill
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By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 2423) of Steven George Xiarhos and others relative to providing advanced life support to police dogs injured in the line of duty. Public Safety and Homeland Security.
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SECTION 1. subsection (b) of Section 9A of Chapter 111C of the General Laws, as most recently amended by Section 2 of Chapter 23 of the Acts of 2022, is hereby further amended by striking out the words "basic level".
SECTION 2. Said subsection (b) of Section 9A of Chapter 111C of the General Laws, as most recently amended by Section 2 of Chapter 23 of the Acts of 2022, is hereby further amended by striking out the words "provided, however, that nothing in this section shall authorize the provision of advanced life support care to a police dog;" and inserting in place thereof the following words:- provided, however, that nothing in this section shall be construed to prohibit the provision of advanced life support care to a police dog by a person who is otherwise qualified to render such level of care by virtue of their professional licensing under this chapter and their training under this section;.
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An Act establishing a fund for the care of retired police dogs
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H2424
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HD3881
| 193
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{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T15:06:15.037'}
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[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T15:06:15.0366667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-23T15:38:12.38'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-30T15:03:31.0966667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-04T15:35:45.0433333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-22T14:56:18.4033333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T14:31:49.5533333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-02T10:31:17.87'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-27T10:03:56.9033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T11:48:14.4233333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:24:32.6166667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-09T17:37:02.5466667'}]
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Bill
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By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 2424) of Steven George Xiarhos and others relative to establishing a fund for the care of retired police dogs. 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 2QQQQQ thereof the following new section:-
Section 2RRRRR. (a) There shall be a Retired Police Dog Care Fund that shall be administered by the secretary of the executive office of public safety and security. 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.
(b) All amounts credited to the fund shall be used without further appropriation to make grants to non-profit institutions located within the commonwealth for the purpose of providing care and medical services to retired police dogs. The secretary of the executive office of public safety and security shall be responsible for ensuring that funds are properly allocated to and used by reputable organizations for the care and medical needs of retired police dogs. For purposes of this section, a "police dog" shall be defined in section 1 of chapter 111C.
(c) Annually, not later than March 1, the secretary of the executive office of public safety and security shall issue a report to the clerks of the senate and house of representatives, the joint committee on public safety and homeland security, and the senate and house committees on ways and means on the fund's activities including, but not limited to, amounts credited to the fund, amounts expended from the fund and any unexpended balance.
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An Act improving road safety by better detecting impaired drivers
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H2425
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HD2699
| 193
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{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-19T10:45:16.57'}
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[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-19T10:45:16.57'}]
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Bill
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By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 2425) of Jonathan D. Zlotnik that the Executive Office of Public Safety and Security establish a pilot program to study whether certain devices can assist police officers in determining impairment and the presence of drugs other than alcohol during roadside sobriety investigations. Public Safety and Homeland Security.
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SECTION 1. Notwithstanding any general or special law to the contrary, the secretary of the executive office of public safety and security shall establish pilot programs in at least 15 municipalities to generate data concerning whether devices that are capable of assessing cognitive and physical impairment of motorists can assist police officers in determining impairment and the presence of drugs other than alcohol during roadside sobriety investigations. The pilot program shall consist, at a minimum, of using a device that will assess cognitive and physical impairment of motorists during roadside sobriety investigations. The pilot program shall test individuals that a police officer has reason to believe are operating under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or while under the influence from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270. There shall also be funding provided to train police officers to operate the devices. The physical and cognitive assessment will have no bearing on the officer’s determination and refusal to participate in the pilot program by objecting to the cognitive assessment shall not constitute a violation by the individual. The result from the cognitive and physical assessment shall not be admitted as evidence in any legal proceeding, civil or legal.
The purpose of the pilot program shall be to collect data that helps answers questions related to whether cognitive assessments can be used in the determination of impairment as well as to determine the feasibility and cost of using such technology across the Commonwealth. The results of the physical and cognitive assessment should be compared to the assessments of drug recognition experts and other sobriety tests currently in use.
The executive office of public safety and security shall submit a report to the general court analyzing the data collected and making recommendations regarding the feasibility and costs of expanding the use of cognitive assessments across the Commonwealth by January 1, 2026. Funding for the pilot program may be appropriated from the Marijuana Regulation Fund in established in section 14 of chapter 94G.
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An Act relative to regional planning agencies
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H2426
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HD818
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:28:59.627'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:28:59.6266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-04-11T06:54:10.5166667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T14:48:26.9466667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-23T11:05:44.5333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T15:51:27.1766667'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T13:50:30.8333333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-04-11T12:45:13.8633333'}]
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2426) of James Arciero and others relative to the retirement membership of regional planning agencies. Public Service.
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SECTION 1 The General Laws are hereby amended in Chapter 40B by inserting after Section 30 the following new section:-
SECTION 31. (a) As used in this section, the following words shall have the following meanings: --
“Agency”, shall mean the Berkshire Regional Planning Commission, the Central Massachusetts Regional Planning Commission, the Franklin Regional Council of Governments, the Merrimack Valley Planning Commission, the Montachusett Regional Planning Commission, the Northern Middlesex Council of Governments, the Old Colony Planning Council, the Pioneer Valley Planning Commission and the Southeastern Regional Planning and Economic Development District.
(b) Notwithstanding any general or special law to the contrary, an agency that is a member of the state retirement system pursuant to chapter 32 of the General Laws shall be deemed to be or shall continue to be a member of the state retirement system. An agency shall not be required to annually reimburse the state board of retirement for its pro rata share of any retirement allowance or pension paid by said board during the preceding calendar year which is based on whole or in part on service with such district provided that each agency contributes the required accumulated deductions and interest to the annuity savings accounts of the agency. An agency shall not be held liable for any past due contributions.
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An Act relative to cost of living adjustments for retired public employees of the Commonwealth
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H2427
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HD1158
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:43:15.077'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-17T15:43:15.0766667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T13:15:02.4366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T15:45:13.22'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:11:49.16'}, {'Id': None, 'Name': 'Marilyn Frank', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T11:11:36.0633333'}]
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2427) of James Arciero and others relative to cost of living adjustments for retired public employees of the Commonwealth. Public Service.
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SECTION 1. Section 22D of said Chapter 32, as appearing in the 2010 Official Edition, is amended by inserting in line 32 after the word “approve” the following words:—provided further, however, that in the event that a system has accepted the provisions of paragraph (j) of Section 103, the funding schedule, and any updates thereto, shall be designed to reduce the unfunded actuarial liability of said system to zero as of such year, that may be subsequent to June 30, 2028, as the commission shall approve.
SECTION 2. Paragraph (c) of Section 102 of said Chapter 32, is amended by striking out in each instance the dollar amount “$13,000” and inserting in place thereof the following dollar amount:—$16,000.
SECTION 3. Section 103 of said Chapter 32 is amended by inserting the following new paragraph:—
(j) Notwithstanding the provisions of paragraph (a) to the contrary, the board of any system may, by accepting the provisions of this paragraph as hereinafter provided, elect to pay a cost-of-living adjustment on a base amount greater than $16,000. Acceptance of this paragraph shall be by a majority vote of the board of such system, subject to the approval of the legislative body. For the purpose of this paragraph, “legislative body” shall mean, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county or region, the county or regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance of this paragraph shall be deemed to have occurred upon the filing of the certification of such vote with the commission. A decision to accept the provisions of this paragraph may not be revoked.
SECTION 4: Subdivision (3) of section 21 of Chapter 32 is hereby amended by striking out paragraph (f) and inserting in place thereof the following paragraph:
(f) the preparation and filing with the general court, of a report, annually, in the month of January, on the computation of any increase in the United States Consumer Price Index and the percentage thereof in the previous year by the Commissioner of Social Security, including a statement that such increase in said Consumer Price Index during the last previous year requires a cost of living increase in the retirement allowances, pensions or annuities of eligible members, as defined in sections 102 and 103, equal to the percentage increase in the Consumer Price Index or 3 per cent, whichever is greater.
SECTION 5: Section 102 of Chapter 32 is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:
(a) The actuary in the commission shall annually in the month of January file with the clerk of the house of representatives the report prepared in accordance with paragraph (f) of subdivision (3) of section 21. The retirement allowance, pension or annuity of every member of the state employees’ system and the teachers’ retirement system who has received a retirement allowance, pension or annuity on June 30 of the preceding fiscal year, or of a spouse or other beneficiary of such member who has received a retirement allowance, pension or annuity on June 30 of the prior fiscal year, shall be increased by the percentage as determined by the actuary’s report; provided that notwithstanding the actuary’s report the cost of living increase shall be at least three percent. The cost of living adjustment shall be applied each July 1. Said cost of living increase shall be funded from the investment income account of the state employees’ and state teachers’ systems. The sum of the dollar amount of each cost of living increase, together with the amount of retirement allowance, pension or annuity to which the cost of living per cent factor is applied, shall become the fixed retirement allowance, pension or annuity for all future purposes, including the application of subsequent cost of living adjustments in future years.
SECTION 8. Section 102 of Chapter 32 is hereby amended by adding after paragraph (c) the following clauses:
(i) In any case as of June 30, 2021 but prior to June 30, 2024 where such former employee, spouse, or other beneficiary is receiving an annual retirement allowance, pension or annuity which is eighty-five percent of the maximum social security benefit or more exclusive of additional annuity obtained by special purchase under paragraph (g) of subdivision (1) of section 22 or any similar law, the cost of living adjustment shall be in an amount determined by applying the per centum of change determined pursuant to paragraph (a) to the sum of eighty-five percent of the maximum social security benefit. Whenever a cost of living adjustment is granted pursuant to said paragraph (a), the dollar amount of such increase as determined in said paragraph (a) shall be added to each retirement allowance, pension or annuity which is in excess of said maximum base amount. The sum of the dollar amount of such cost of living adjustments, together with the amount of retirement allowance, pension or annuity to which the cost of living per centum factor is applied and any amounts in excess of said eighty-five percent of the maximum social security benefit shall become the fixed retirement allowance, pension or annuity for all future purposes including the application of subsequent cost of living adjustments in future years; provided, however, that the limitations of this paragraph shall continue to apply.
(ii) In any case as of June 30, 2024 but prior to June 30, 2028 where such former employee, spouse, or other beneficiary is receiving an annual retirement allowance, pension or annuity which is ninety-five percent of the maximum social security benefit or more exclusive of additional annuity obtained by special purchase under paragraph (g) of subdivision (1) of section 22 or any similar law, the cost of living adjustment shall be in an amount determined by applying the per centum of change determined pursuant to paragraph (a) to the sum of ninety-five percent of the maximum social security benefit. Whenever a cost of living adjustment is granted pursuant to said paragraph (a), the dollar amount of such increase as determined in said paragraph (a) shall be added to each retirement allowance, pension or annuity which is in excess of said maximum base amount. The sum of the dollar amount of such cost of living adjustments, together with the amount of retirement allowance, pension or annuity to which the cost of living per centum factor is applied and any amounts in excess of said ninety-five percent of the maximum social security benefit shall become the fixed retirement allowance, pension or annuity for all future purposes including the application of subsequent cost of living adjustments in future years; provided, however, that the limitations of this paragraph shall continue to apply.
(iii) In any case as of June 30, 2028 where such former employee, spouse, or other beneficiary is receiving an annual retirement allowance, pension or annuity which is one hundred percent of the maximum social security benefit or more exclusive of additional annuity obtained by special purchase under paragraph (g) of subdivision (1) of section 22 or any similar law, the cost of living adjustment shall be in an amount determined by applying the per centum of change determined pursuant to paragraph (a) to the sum of one hundred percent of the maximum social security benefit. Whenever a cost of living adjustment is granted pursuant to said paragraph (a), the dollar amount of such increase as determined in said paragraph (a) shall be added to each retirement allowance, pension or annuity which is in excess of said maximum base amount. The sum of the dollar amount of such cost of living adjustments, together with the amount of retirement allowance, pension or annuity to which the cost of living per centum factor is applied and any amounts in excess of said one hundred percent of the maximum social security benefit shall become the fixed retirement allowance, pension or annuity for all future purposes including the application of subsequent cost of living adjustments in future years; provided, however, that the limitations of this paragraph shall continue to apply.
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An Act relative to retirement benefits for Mary Donna Nodurf
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H2428
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HD442
| 193
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{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T10:02:45.307'}
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[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T10:02:45.3066667'}]
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Bill
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By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2428) of Brian M. Ashe for legislation relative to retirement benefits for Mary Donna Nodurf. Public Service.
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SECTION 1. Notwithstanding any general or special law to the contrary the Massachusetts Teachers' Retirement Board is hereby authorized and directed to allow Mary Donna Nodurf to purchase up to 4 years of creditable service for the purposes of maternity leave service; provided that it does not exceed the 80 percent admitted and that no credit shall be allowed unless Mary Donna Nodurf, has paid to the teachers’ retirement system, in one sum, upon such terms and conditions as the board may prescribe, an amount equal to the deductions that would have been withheld had she continued in service, as determined by the board’s rules and regulations, together with buyback interest.
SECTION 2. If Mary Donna Nodurf fails to make payment within one year of the effective date of this act, the teachers’ retirement system shall recalculate her invoice using the system’s actuarially assumed investment rate of return.
SECTION 3. Upon completion of payment, the teachers’ retirement system shall recalculate Mary Donna Nodurf’s retirement benefit including her maternity leave purchase effective as of the date the system received Mary Donna Nodurf’s payment.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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An Act establishing an elected and appointed board for the Hampden County Regional Retirement System
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H2429
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HD566
| 193
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{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T14:15:35.767'}
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[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T14:15:35.7666667'}]
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Bill
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By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2429) of Brian M. Ashe relative to establishing an elected and appointed board for the Hampden County Regional Retirement System. Public Service.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Hampden County regional retirement system, hereinafter referred to in this act as “the system”, shall be governed by administrators, hereinafter referred to in this act as “administrators”, and a board of directors, hereinafter referred to in this act as “the board”.
(A) The administrators of the Hampden County regional retirement system shall be comprised of one individual appointed by the chief elected official or governing body of each member agency of the Hampden County regional retirement board (Mayor, Select Board, School Committee, Board of Directors, Town Council). Administrators from communities must be elected or appointed town officials. Administrators from fire and water districts must be a full-time employee of that agency. Administrators from all other retirement member agencies (including regional school districts, veteran’s service districts, emergency dispatch services and regional retirement boards) shall be an elected or appointed official of that organization. None of these administrators need be participants in the Hampden County regional retirement system.
(1) The administrators of the Hampden County regional retirement system shall meet no less than two times per fiscal year. Their meeting shall be governed by the Open Meeting Law requirements of the commonwealth of Massachusetts.
(2) It shall be the responsibility of the administrators to:
(a) Elect three of the seven members of the board as described in section B(2)(b), B(2)(c) and B(2)(d)
(b) Approve by a 2/3 vote, changes to the bylaws of the Hampden County retirement board as described in section 2.
(3) Administrators shall serve at the pleasure of their appointing authority and their
appointment shall be renewed annually. There is no limit to the terms for which
an administrator may serve.
(B) The board of the Hampden County regional retirement system shall consist of seven members, six of whom are elected and one of whom is appointed.
(1) It shall be the responsibility of the board to:
(a) Hire and oversee the system administrator or director
(b) Approve the budget and operations of the system
(c) Oversee the operations and administration of the system
(2) Six members of the board shall be elected as follows:
(a) Three members of the board shall be elected at large by a majority of the members of the Hampden County regional retirement system. Both active and retired members shall be eligible to vote for these board members. Each of these 3 members' terms shall expire in a different year; The election of these board members will be supervised by the board and staff of the Hampden County regional retirement board with the vote totals posted on the system’s website.
(b) One member shall be elected from and by the administrators who represent member community agencies. This representative shall be one of the community administrators. This individual need not be a member of the Hampden County regional retirement system.
(c) One member shall be elected from and by the administrators who represent the housing authorities and fire and water districts agencies. The elected individual need not be a member of the Hampden County regional retirement system; and
(d) One member shall be elected from and by the administrators who represent all other Hampden County regional retirement member agencies including regional school districts, veteran's service districts, emergency dispatch services and regional retirement boards. The elected individual need not be a member of the Hampden County regional retirement system.
(e) The election of each of the three administrators in sections (B)(2)(a), (B)(2)(b) and (B)(2)(c) shall be conducted by roll-call vote, and the record of each election, including vote totals, shall be reported back to the agencies’ chief elected official or body.
(3) One member of the board shall be appointed by the treasurers of the system member agencies. This member shall serve for a 3-year term. The selection of this board member shall be supervised by the treasurers.
(4) A board member may serve no more than three consecutive terms.
(5) The terms of the 7 board members shall be staggered so that 2 members are elected in 2 consecutive years and 3 members are elected in the third year.
(6) Every 2 years, the board by majority vote shall elect 1 of its members to serve as chair of the board.
(7) Board members shall be 7 distinct individuals and no more than 2 members of the board shall be affiliated with the same member agency of the Hampden County regional retirement system.
SECTION 2. The board shall create, or direct to be created, by-laws of the organization. The by-laws shall include, but not be limited to the organizational structure, voting and election procedures, including a procedure for the filling of board vacancies, the role of the treasurers' advisory board, investment policies, frequency and responsibility for agency financial reporting and audits, committee and subcommittee structure as well as other policies and procedures of the organization.
The by-laws of the Hampden County regional retirement board shall take effect when ratified by a vote of 2/3 of the administrators. Subsequent revisions to the by-laws shall also require a 2/3 approval vote of the administrators. All such votes require a publicly recorded vote of the agency governing body.
SECTION 3. (a) Elections of board members as described in section 1B shall be completed within 120 days following the passage of this act.
(b) The term of office for all persons serving as members of the board of the Hampden county regional retirement system at the time of passage of this act shall end on the earlier date of 120 days following the passage of this act or upon the election of the board as proscribed in section 1.
(c) For the 6 members initially elected to the board as described in sections B(2)(a), B(2)(b), B(2)(c) and B(2)(d), initial terms shall be staggered as follows:
(i) For the three members elected by the members (Section B(2)(a)) one member shall serve for 1 year, one member for 2 years, and one member for 3 years.
(ii) The member elected through Section B(2)(b) shall serve an initial term of 1 year
(iii) The member elected through Section B(2)(c) shall serve an initial term of 2 years
(iv) The member elected through Section B(2)(d) shall serve an initial term of 3 years
(d) The board member appointed by the treasurers of the system shall serve a 3-year term.
(e) Subsequent terms for all elected board members shall be three years in duration.
(f) All board terms shall expire at the end of the state fiscal year so the first terms of all elected officials may be less than a full 1, 2 or 3 years.
(g) The initial draft of by-laws for the Hampden county regional retirement board shall be presented to the administrators for ratification within 180 days of the formation of the 7-member board of directors. Agency operations may be conducted under these by-laws on an interim basis following their presentation to the administrators. Ratified by-laws shall be in place within 270 days of the formation of the 7-member board of directors.
SECTION 4. This act shall take effect upon its passage.
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An Act relative to sales at retail
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H243
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HD1774
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-12T15:04:06.497'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-12T15:04:06.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H243/DocumentHistoryActions
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Bill
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 243) of James Arciero relative to sales at retail of meats, poultry and edible fish. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking Section 92B in its entirety and inserting in place thereof the following new section: -
Section 92B. All meats, poultry and edible fish, except soft shell clams and oysters, shall be sold at retail only by weight and, except when sold in package form bearing a plain and conspicuous statement of quantity of contents as provided in section one hundred and eighty-one, such weight shall be determined at the time of sale. When meat, poultry, fish, or seafood is kept, offered or exposed for sale from bulk by the portion or piece according to a pre-determined fixed weight, the product identity and net weight shall be displayed, as well as the unit price at which it is offered for sale. When meat, poultry, fish, or seafood is combined with some other food element to form a distinctive food product, the quantity representation may be in terms of the total weight of the product or combination, and a quantity representation need not be made for each element provided a statement listing the ingredients in order of their predominance by weight must also appear on the label. Whoever himself or by his servant or agent violates any provision of this section shall be punished by a fine of ten dollars or shall be subject to a civil citation as provided in section 29A of chapter 98.
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[]
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[]
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[]
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An Act relative to pay parity for county correctional officers
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H2430
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HD1680
| 193
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{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-18T16:35:28.693'}
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[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-18T16:35:28.6933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-20T17:38:22.18'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2430/DocumentHistoryActions
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Bill
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By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2430) of Brian M. Ashe and Angelo J. Puppolo, Jr., relative to pay parity for county correctional officers. Public Service.
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SECTION 1: Notwithstanding any general or special law to the contrary, the first-year base salary of a correctional officer employed by a sheriff’s department shall be equal to not less than the first-year base salary of a correctional officer employed by the Massachusetts Department of Correction.
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[]
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[]
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[]
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[]
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An Act relative to option (D) beneficiaries
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H2431
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HD1597
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T16:09:54.287'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T16:09:54.2866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T16:02:06.3866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-02T11:18:37.7233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T11:18:37.7233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T14:27:24.2366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2431/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2431) of Bruce J. Ayers and others relative to option (D) survivor allowance beneficiaries. Public Service.
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Section 12 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the paragraph, in lines 154 to 160, inclusive, and inserting in place thereof the following paragraph: -
Option (D), Member Survivor Allowance. — At any time, a member, upon his written notice
on a prescribed form filed with the board prior to his or her death, may nominate one or more eligible beneficiaries as set forth under option (c) of this section, who if such member dies before being retired, shall receive a portion, as specified on said form, of the yearly amount of the option (c)allowance to which such member would have been entitled had his retirement taken place on the date of his death; provided that, in the event that multiple beneficiaries are nominated, the benefit will be calculated using the youngest beneficiary’s age at the time of the member’s death; provided further, that upon the death of a beneficiary, said beneficiary's portion shall be divided equally among surviving beneficiaries.
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[]
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[]
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[]
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An Act relative to the definition of Group 4 of the state retirement system
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H2432
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HD3347
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-20T12:04:23.307'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-20T12:04:23.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2432/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2432) of Bruce J. Ayers relative to the retirement group of the secretary and undersecretaries of the Executive Office of Public Safety and Security. Public Service.
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SECTION 1. The definition of Group 4, as set forth in Chapter 32, Section 3, paragraph (2), subparagraph (g) is hereby amended by adding thereto the words:— the secretary and undersecretaries of public safety, provided they had previously served in a Group 3 or 4 designated position for no less than 24 consecutive months.
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[]
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[]
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[]
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An Act relative to group classification
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H2433
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HD3351
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-20T12:07:00.08'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-20T12:07:00.08'}, {'Id': None, 'Name': 'Deborah B. Goldberg', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-23T08:54:30.47'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-01T11:06:31.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2433/DocumentHistoryActions
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2433) of Bruce J. Ayers, Deborah B. Goldberg (Treasurer and Receiver General) and Lindsay N. Sabadosa relative to public employee retirement group classifications. Public Service.
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SECTION 1. Section 3 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 275, the words “and employees of the commonwealth or of any county whose regular and major duties require them to have the care, custody, instruction or other supervision of parolees or persons who are mentally ill or mentally defective or defective delinquents or wayward children and employees of Cushing hospital” and inserting in place thereof the following words:- and employees or former employees of the commonwealth or of any county who are active members of a retirement system, and members of the state employees retirement system whose regular and the recurring majority of their duties require them to have care, custody, instruction or other supervision, or require them to provide services to parolees, persons who are mentally ill, or persons with physical, functional, intellectual, or developmental disabilities, or delinquent youth, and employees of Cushing hospital
SECION 2. Section 5 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting, in line 126, after the words “rendered in each group;” the following:- provided, however, that classification of the eligible prior service rendered by the member in each group shall be made by the retirement board from which the member is retiring;
SECTION 3. Said section 5 of said chapter 32, as so appearing, is hereby further amended by inserting, in line 130, after the words “rendered in each group” the following:- provided, however, that classification of the eligible prior service rendered by the member in each group shall be made by the retirement board from which the member is retiring
SECTION 4. Subsection (2) of section 5 of chapter 32 of the General Laws, as so appearing, is hereby amended in subparagraph (a) by striking out the fourth sentence and inserting in place thereof the following sentence:-A member who entered service on or before April, 2, 2012 and seeks Group 2 or Group 4 classification and is no longer a public employee at the time of the member's retirement shall be classified based on the position from which the member was last employed; provided that said member who entered service on or before April 2, 2102 and who is no longer a public employee at the time of the member’s retirement and who has served in more than 1 group may elect to receive a retirement allowance consisting of pro-rated benefits based upon the percentage of total years of service that the member rendered in each group.
SECTION 5. Subsection (4) of section 26 of Chapter 32 of the General Laws, as so appearing, is hereby amended in subparagraph (c) by inserting after the last paragraph the following paragraphs:-
Any member in service who has attained the age of 55, who has accrued not less than twenty years of creditable service in the department of state police, and who has served in more than 1 group may elect to receive a retirement allowance consisting of pro-rated benefits as determined by the state retirement board based upon the percentage of total years of service that the member rendered in each group; provided, that such retirement allowance shall in no case exceed 75 per cent of such regular compensation.
Any member in service as of April 2, 2012 who has not attained the age of 55, who has accrued less than twenty years of creditable service in the department of state police, and who has served in more than 1 group may elect to receive a retirement allowance consisting of pro-rated benefits as determined by the state retirement board based upon the percentage of total years of service that the member rendered in each group; provided, that such retirement allowance shall be calculated in accordance with the provisions of section 5 or 10 of Chapter 32; provided further that any such service with the department of state police for purposes of this paragraph shall be considered as Group 4. The retirement allowance provided in this paragraph shall consist of pro-rated benefits based upon the percentage of total years of service that the member rendered in each group; provided further, that the retirement allowance set forth in this paragraph for members who became members on or after April 2, 2012, and who served in more than one group, shall consist of pro-rated benefits based upon the percentage of total years of service that member rendered in each group.
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[]
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[]
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[]
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An Act relative to the responsible corporate investments act
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H2434
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HD1556
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:23:51.647'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-18T15:23:51.6466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:37:27.8066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:58:17.3733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2434/DocumentHistoryActions
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2434) of Christine P. Barber, Lindsay N. Sabadosa and Sal N. DiDomenico relative to retirement system investments in certain corporations utilizing environmental, social, and corporate governance policies. Public Service.
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SECTION 1. Chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding a new section:-
The state employees retirement system, the teachers retirement system. and all county, city, and town contributions retirement systems shall not invest, or otherwise contribute funds, directly or indirectly, to an investment vehicle or fund controlled or managed by a financial institution or investment company, if that financial institution or investment company is headquartered, or, in the case of a non-publicly traded company, whose officers or principals reside in a state -which by executive or legislative action -has prohibited its state treasurer, retirement systems, or public pension funds from investing, with a financial institution or investment company because that financial institution or investment company utilizes environmental, social, and corporate (ESG) policies.
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[]
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[]
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[]
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An Act authorizing the town of Lanesborough to continue the employment of Daniel Bolognia, Charles Garrity, Peter Pannesco, Peter Oakley, David Rolle, Donald Whalen and Michael Wooliver
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H2435
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HD3159
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:15:25.57'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-20T10:15:25.57'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T10:15:25.7433333'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T10:15:25.57'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2435/DocumentHistoryActions
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Bill
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By Representative Barrett of North Adams and Senator Mark, a joint petition (accompanied by bill, House, No. 2435) of John Barrett, III and Paul W. Mark (by vote of the town) relative to authorizing the town of Lanesborough to continue the employment of firefighters Daniel Bolognia, Charles Garrity, Peter Pannesco, Peter Oakley, David Rolle, Donald Whalen and Michael Wooliver. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, town of Lanesborough firefighters Daniel Bolognia, Charles Garrity, Peter Oakley, Peter Pannesco, David Rolle, Donald Whalen, and Michael Wooliver may continue in such position until the age of 70; provided, however, that they are mentally and physically capable of performing the duties of such position. The Select Board may, at the expense of the fire chief, require them to be examined by an impartial physician designated by the Select Board to determine such capability. The firefighters' employment shall continue until they reach the age of 70, or their non-reappointment or termination, whichever occurs first, provided that they are mentally and physically capable of performing the duties of the office.
SECTION 2. No further deductions shall be made from the regular compensation of fire fighers Daniel Bolognia, Charles Garrity, Peter Oakely, Peter Pannesco, David Rolle, Donald Whalen, and Michael Wooliver under chapter 32 of the General Laws for any service performed subsequent to reaching age 65. Upon the retirement from the office of firefighter Daniel Bolognia, Charles Garrity, Peter Oakely, Peter Pannesco, David Rolle, Donald Whalen, and Michael Wooliver shall receive a superannuation retirement allowance equal to that to which they would have been entitled had they retired upon reaching age 65, if any.
SECTION 3. The provisions of this act shall not entitle Daniel Bolognia, Charles Garrity, Peter Oakely, Peter Pannesco, David Rolle, Donald Whalen, and Michael Wooliver to remain in service to the town of Lanesborough if otherwise removed or suspended from office in accordance with applicable laws, rules, and regulations.
SECTION 4. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}]
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[]
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An Act relative to retirement benefits for Rebecca J. Vanderstelt
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H2436
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HD273
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-11T15:01:55.257'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-11T15:01:55.2566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2436/DocumentHistoryActions
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 2436) of John Barrett, III that the teachers' retirement system permit Rebecca J. Vanderstelt to purchase certain creditable service for teaching service in the United States Virgin Islands. Public Service.
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Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary, the teachers' retirement system shall permit Rebecca J. Vanderstelt to purchase 5 years and 6 months of creditable service for teaching service in the United States Virgin Islands; provided, that Rebecca J. Vanderstelt shall pay into the annuity savings fund of the teachers' retirement system in 1 sum, or in installments, upon such terms and conditions as the teachers’ retirement board may prescribe, an amount equal to that which would have been withheld as regular deductions from her regular compensation for such period had such service been rendered in a public school of the commonwealth.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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[]
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An Act authorizing the town of Hancock to allow firefighters and police to continue serving past age 65
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H2437
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HD445
| 193
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{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-13T10:05:46.107'}
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[{'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-01-13T10:05:46.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2437/DocumentHistoryActions
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Bill
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By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 2437) of John Barrett, III (by vote of the town) that the town of Hancock be authorized to allow firefighters and police officers to continue serving, notwithstanding the maximum age requirement. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, Town of Hancock fire fighters and police chief may continue in such positions until the age of 70, provided, however, that they are mentally and physically capable of performing the duties of such position. The Selectmen may require them to be examined by an impartial physician to determine such capability. The fire fighters' and police chief's employment shall continue until the reach age 70, or their non-reappointment or termination, whichever occurs first.
SECTION 2. The provisions of this law shall not entitle any firefighter or police chief to remain in the service to the Town of Hancock if removed or suspended from the office.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'H2437', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/H2437/Branches/House/Amendments/1/'}]
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An Act relative to a retirement buyback issue
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H2438
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HD1216
| 193
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{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:20:42.007'}
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[{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:20:42.0066667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-10-04T15:34:01.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2438/DocumentHistoryActions
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Bill
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By Representative Barrows of Mansfield, a petition (accompanied by bill, House, No. 2438) of F. Jay Barrows that the Massachusetts Teachers' Retirement System be authorized to credit Diane Galanti with certain creditable service benefits. Public Service.
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SECTION 1. Notwithstanding any general or special law, rule or regulation to the contrary, the Massachusetts Teachers' Retirement System shall credit Diane Galanti, a member of the Massachusetts Teachers' Retirement System, with creditable service for the period of December 12, 1988 to June 30, 1999, inclusive, for the purpose of determining her superannuation retirement allowance pursuant to paragraph (a) of subdivision (2) of section 5 of chapter 32 of the General Laws. Before the date that any retirement allowance becomes effective in the case of Diane Galanti, she shall pay into the annuity savings fund of the retirement system in one (1) sum or installments, upon such terms and conditions as the board may prescribe, an amount equal to that which would have been withheld as regular deductions from her regular compensation for such previous service, plus buyback interest.
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[]
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[]
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[]
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An Act relative to evaluations on a retired veteran disability
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H2439
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HD660
| 193
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{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:50:41.063'}
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[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:50:41.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2439/DocumentHistoryActions
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Bill
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By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 2439) of Donald R. Berthiaume, Jr., relative to evaluations on certain veterans retired for disability. Public Service.
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Section 8 of Chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in subsection a, in line 19 after the words “twelve month period.” the following:- Veterans authorized to retire pursuant to section 52, section 53, section 56, section 57, and section 58 shall be exempt from evaluations following their first 5 years of retirement for
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[]
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[]
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[]
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