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An Act relative to the taxation of inventory in manufacturing
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H2980
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HD2703
| 193
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{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:22:47.187'}
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[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:22:47.1866667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T15:56:59.61'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-26T12:07:05.8866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-27T09:49:36.25'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T15:54:09.55'}]
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Bill
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By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 2980) of Jonathan D. Zlotnik and others relative to the taxation of inventory in manufacturing. Revenue.
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SECTION 1. Paragraph 7 of section 30 of chapter 63 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The value of tangible property taxable under subclause (A) of clause (1) of subsection (a) of section 39, for a corporation, except for a manufacturing corporation as defined in section 42B, shall be the book value of the corporation’s tangible property situated in the commonwealth on the last day of the taxable year as is not subject to local taxation nor taxable under section 67. The value of tangible property taxable under subclause (B) of clause (1) of subsection (a) of section 39, for a manufacturing corporation, as that term is defined in section 42B, shall be the book value of the manufacturing corporation’s tangible property held as raw material for the purpose of manufacturing and situated in the commonwealth on the last day of the taxable year as is not subject to local taxation nor taxable under section 67.
SECTION 2. Subsection (a) of said chapter 63, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-
(1) (A) In the case of a business corporation other than a manufacturing corporation, as that term is defined in section 42B, $2.60 per 1,000 upon the value of: (i) its tangible property as determined to be taxable under paragraph 7 of section 30 if a tangible property corporation; or (ii) its net worth as determined to be taxable under paragraph 8 of section 30 if an intangible property corporation; or (B) in the case of a manufacturing corporation, as that term is defined in section 42B: (i) for tax years beginning on or after January 1, 2014, $2.00 per 1,000 upon the value of its tangible property as determined to be taxable under paragraph 7 of section 30 if a tangible property corporation; (ii) for tax years beginning on or after January 1, 2015, $1.50 per 1,000 upon the value of its tangible property as determined to be taxable under paragraph 7 of section 30 if a tangible property corporation; (iii) for tax years beginning on or after January 1, 2016, $1.00 per 1,000 upon the value of its tangible property as determined to be taxable under paragraph 7 of section 30 if a tangible property corporation; (iv) for tax years beginning on or after January 1, 2017, $0.50 per 1,000 upon the value of its tangible property as determined to be taxable under paragraph 7 of section 30 if a tangible property corporation; (v) for tax years beginning on or after January 1, 2018, $0.00 per 1,000 upon the value of its tangible property as determined to be taxable under paragraph 7 of section 30 if a tangible property corporation; and.
SECTION 3. Section 42B of said chapter 63, as so appearing, is hereby amended by inserting after the word “corporation”, in line 11, the following words: - and except as set forth in clause (1) of subsection (a) of said section 39.
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An Act relative to the open meeting law
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H2981
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HD3778
| 193
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{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-20T14:29:15.803'}
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[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-20T14:29:15.8033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T15:54:49.06'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:42:48.3366667'}, {'Id': None, 'Name': 'Mr. Thomas E. Ellis, Jr.', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T14:29:18.85'}]
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By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2981) of James Arciero and others for legislation to assure for bidder privacy in certain interviews for public construction contracts. State Administration and Regulatory Oversight.
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Subsection (c) of section 44A ½ of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:-
Notwithstanding sections 18 to 25, inclusive, of chapter 30A or any other general or special law to the contrary, when conducting interviews as part of the selection process, a public agency: (i) shall develop a process to ensure that a bidder or a representative of that bidder may not witness or attend, whether in-person or remotely, the interview of another bidder for the same contract; and (ii) shall not publicly disseminate or post written testimony or video from an interview until the interviews of all bidders for that contract are completed.
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An Act requiring municipalities to place insurance out to bid
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H2982
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HD446
| 193
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{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T10:05:58.24'}
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[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-13T10:05:58.24'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-20T16:05:47.4533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:13:11.66'}]
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Bill
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By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2982) of Brian M. Ashe, Marcus S. Vaughn and Patrick M. O'Connor for legislation to include insurance under Chapter 30B, the Uniform Procurement Act. State Administration and Regulatory Oversight.
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Section 1 of Chapter 30B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 36, the words "insurance or".
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An Act relative to the enhanced disposition of surplus motor vehicles owned by the commonwealth or authorities established by the state
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H2983
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HD1133
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:06:15.787'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:06:15.7866667'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2983) of Bruce J. Ayers relative to the sale or auction of surplus state motor vehicles to cities and towns. State Administration and Regulatory Oversight.
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SECTION 1. Section 36A of Chapter 30 of the General Laws is hereby amended by inserting at the end of the first paragraph the following new paragraph:—
Any state motor vehicle or a motor vehicle owned by a state authority, including construction and snow removal equipment, that has been determined to be surplus property and no longer useable by the Commonwealth shall be offered at sale or auction to the cities and towns of the Commonwealth. The Executive Office of Administration and Finance shall promulgate rules and regulations that establish guidelines for such sales and auctions including but not limited to notice payment, delivery and liability. Any motor vehicle that is not sold or auctioned off in this manner may then be made available to the general public for sale and/or auction. For the purpose of this section, motor vehicle shall be defined as any vehicle constructed and designed for propulsion by power other than muscular strength including any such vehicles pulled or towed by another motor vehicle.
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An Act designating the month of October as adopt a shelter dog month
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H2984
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HD1165
| 193
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{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:13:53.37'}
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[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:13:53.37'}]
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Bill
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By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2984) of Bruce J. Ayers for the issuance by the Governor of an annual proclamation setting apart the month of October as adopt a shelter dog awareness month. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after Section 15TTTTT, the following section:
Section 15UUUUU. The governor shall annually issue a proclamation setting apart the month of October as Adopt a Shelter Dog Month, to increase public awareness and encourage the adoption of shelter and rescue dogs in Massachusetts, and recommend that the day be observed in an appropriate manner by the people.
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An Act transferring Bridgewater State Hospital from the Department of Correction to the Department of Mental Health
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H2985
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HD2347
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:28:24.067'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-19T12:28:24.0666667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-27T11:24:05.0333333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-27T16:40:21.7633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T10:26:31.6166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T09:31:19.0333333'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-10T09:31:19.0333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T11:27:22.7266667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T11:27:22.7266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T11:29:34.7466667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T16:10:11.14'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-22T15:21:59.0333333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-05T16:15:41.4033333'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-04-21T09:56:15.0766667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-16T11:41:32.0966667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-28T13:47:15.89'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:48:02.77'}]
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2985) of Ruth B. Balser and others for legislation to transfer Bridgewater State Hospital from the Department of Correction to the Department of Mental Health. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of Chapter 19, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 3, after the words "health facilities, the following new language:- “, including the Bridgewater State Hospital,”:–
SECTION 2. Section 7 of Chapter 19, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:
The commissioner shall have the responsibility for the operation and oversight of Bridgewater State Hospital and for providing, according to the rules and regulations of the department of mental health, all medical and mental health treatment for all men sent to that facility. The Commissioner will operate Bridgewater State Hospital in accordance with section 16A of this chapter, the provisions of chapter 123 and regulations of the department. The Commissioner shall provide forensic services for individuals committed for evaluation or treatment pursuant to sections 15 through 18 of chapter 123, as well as continuing care inpatient services for individuals determined to require strict security in accordance with the regulations of the department.
SECTION 3. Section 18 of Chapter 125, as so appearing, is hereby repealed.
SECTION 4. Chapter 19 of the General Laws, as so appearing, is hereby amended by inserting after section 16A the following section:–
Section 16B. The department shall develop and maintain, in accordance with its standards, a division of forensic mental health services to provide forensic services that shall include, but shall not be limited to: court-ordered evaluations of competence to stand trial, criminal responsibility, and aid-in-sentencing; programs and services for restoration of competence for individuals who have been adjudicated incompetent to stand trial; evaluations of need for care and treatment for individuals who have been adjudicated incompetent to stand trial, not guilty by reason of mental illness or who are being held in correctional facilities or places of detention; the setting of standards for and certification of clinicians qualified to perform evaluations; and specialized risk assessment evaluations; and the establishment and maintenance of court clinics for the performance of clinical consultations and court-ordered evaluations. Forensic services may also include, but shall not be limited to: programs and services for police and pre-trial diversion; post adjudication alternatives to incarceration, including specialty court services; and re-entry.
The division shall give major consideration to the development of forensic health services that can be provided in the community or in settings other than an inpatient facility.
SECTION 5. Section 4 of Chapter 123, as so appearing, is hereby amended by striking the words “, or the medical director if said person is at the Bridgewater state hospital,” in the first sentence of the first paragraph.
SECTION 6. Section 4 of Chapter 123, as so appearing, is hereby amended by striking out the words in the second paragraph “or the medical director at the Bridgewater state hospital”.
SECTION 7. Section 4 of Chapter 123, as so appearing, is hereby amended by striking out in the third paragraph the words “or said medical director“.
SECTION 8. Section 7(b) of Chapter 123, as so appearing, is hereby amended by replacing it with the following
(b) The Commissioner of mental health, or with the approval of the commissioner of mental health, the superintendent of a facility, may petition the district court or the division of the juvenile court department in whose jurisdiction the facility is located for the commitment to the Bridgewater state hospital of any male patient at said facility when it is determined that the failure to hospitalize in strict security would create a likelihood of serious harm by reason of mental illness.
SECTION 9. Section 8B of Chapter 123, as so appearing, is amended by striking out the words in the first paragraph “or medical director of the Bridgewater state hospital”.
SECTION 10. Section 13 of Chapter 123, as so appearing, is hereby repealed.
SECTION 11. Section 14 of Chapter 123, as so appearing, is deleted and inserting in place thereof the following paragraph:
Whenever the failure to retain any person in strict security would not create a likelihood of serious harm by reason of mental illness but that such person is in need of further care and treatment in a facility, the superintendent shall submit a request to the commissioner for a transfer to another facility. The commissioner will approve transfer from Bridgewater to a designated facility. The Commissioner shall execute the transfer within thirty days of receipt of such request.
SECTION 12. Section 16(b) of Chapter 123, as so appearing, is amended by striking out the words in the first sentence “or the medical director of the Bridgewater state hospital”.
SECTION 13. Section 16(e) of Chapter 123, as so appearing, is amended by striking out the words “or medical director of Bridgewater state hospital”.
SECTION 14. Section 17(a) of Chapter 123, as so appearing, is amended by striking out the words “or the medical director of Bridgewater state hospital” and striking out the words “or medical director”.
SECTION 15 Section 17(a) of Chapter 123, as so appearing, is amended by striking the words “or medical director”.
SECTION 16. Section 18(a) of Chapter 123, as so appearing, is amended by striking out the words “and the medical director of the Bridgewater state hospital” and “; provided, however, that, notwithstanding the court's failure, after an initial hearing or after any subsequent hearing, to make a finding required for commitment to the Bridgewater state hospital, the prisoner shall be confined at said hospital if the findings required for commitment to a facility are made and if the commissioner of correction certifies to the court that confinement of the prisoner at said hospital is necessary to insure his continued retention in custody.”
SECTION 17. Section 18(c) of Chapter 123, as so appearing, is amended by striking out the words “or the medical director of the Bridgewater state hospital”.
SECTION 18. Section 21 of Chapter 123 of the General Laws, as so appearing, is hereby amended by striking out the twelfth paragraph and inserting in place thereof the following paragraph:–
A copy of the restraint form and any such attachments shall become part of the chart of the patient. Copies of all restraint forms and attachments shall be sent to the commissioner of mental health who will review and sign them within thirty days. Statistical restraint records shall be kept for every facility and each designated physician, in a form and manner that will permit the commissioner to analyze and, if appropriate, request corrective action regarding the use of restraint in facilities under supervision and control of the department and all facilities licensed by it. Such data, excluding patient identification, shall be made available to the general public.
SECTION 19. Section 33 of chapter 123 of the General Laws, as so appearing, is hereby repealed.
SECTION 20. The Commissioner of the Department of Mental Health shall conduct a study of the feasibility of constructing a new physical facility for the treatment of patients currently held at Bridgewater State Hospital which shall support the health and recovery of the patients. The study shall include, but not be limited to, an examination of the possible locations for the construction of the facility, including the campus of the Worcester Recovery Center.
SECTION 21. This Act shall be effective no later than December 31, 2024.
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An Act establishing the psychology interjurisdictional compact
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H2986
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HD3504
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T13:07:39.05'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T13:07:39.05'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T09:30:08.7666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T09:30:08.7666667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-14T09:39:49.2266667'}]
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2986) of Ruth B. Balser, Thomas M. Stanley and Lindsay N. Sabadosa relative to establishing the psychology interjurisdictional compact. State Administration and Regulatory Oversight.
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SECTION 1: The General Laws are hereby amended by inserting after chapter 112A the following chapter:-
CHAPTER 112B Psychology Interjurisdictional Compact Act
Section 1. This act shall be known and may be cited as the Psychology Interjurisdictional Compact Act.
Section 2. The Governor of the Commonwealth of Massachusetts, on behalf of this State, is hereby authorized to execute a compact in substantially the following form with any one or more of the states of the United States and the General Assembly hereby signifies in advance its approval and ratification of the compact.
Section 3. Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
Whereas, this compact is intended to regulate the day-to-day practice of telepsychology by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;
Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state;
Whereas, this compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;
Whereas, this compact does not apply when a psychologist is licensed in both the home state and receiving states; and
Whereas, this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
(a) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;
(b) Enhance the states' ability to protect the public's health and safety, especially client/patient safety;
(c) Encourage the cooperation of compact states in the areas of psychology licensure and regulation;
(d) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history;
(e) Promote compliance with the laws governing psychological practice in each compact state; and
(f) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
Section 4.
“Adverse action”, any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
“Association of state and provincial psychology boards” or “ASPPB”, the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
“Authority to practice interjurisdictional telepsychology”, a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state.
“Bylaws”, the bylaws established by the psychology interjurisdictional compact commission pursuant to section 12 for its governance, or for directing and controlling its actions and conduct.
“Client/patient”, the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, or consulting services.
“Commissioner”, the voting representative appointed by each state psychology regulatory authority pursuant to section 12.
“Compact state”, a state that has enacted this compact legislation and which has not withdrawn pursuant to subsection (c) of section 15 or been terminated pursuant to subsection (b) of section 14.
“Coordinated licensure information system” or “coordinated database”, an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
“Confidentiality”, the principle that data or information is not made available or disclosed to unauthorized persons or processes.
“Day”, any part of a day in which psychological work is performed.
“Distant state”, the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services.
“E.Passport”, a certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
“Executive board”, a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
“Home state”, a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.
“Identity history summary”, a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
“In-person, face-to-face”, interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
“Interjurisdictional practice certificate” or “IPC”, a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily, and verification of one's qualifications for such practice.
“License”, authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
“Non-compact state”, any state which is not at the time a compact state.
“Psychologist”, an individual licensed for the independent practice of psychology.
“Psychology interjurisdictional compact” or “PSYPACT”, an agreement among member states, established and governed by the PSYPACT commission, to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state boundaries.
“Psychology interjurisdictional compact commission” or “commission”, the national administration of which all compact states are members.
“Receiving state”, a compact state where the client/patient is physically located when the telepsychological services are delivered.
“Rule”, a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to section 13 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.
“Significant investigatory information”, investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond.
“State”, a state, commonwealth, territory, or possession of the United States, and the District of Columbia.
“State psychology regulatory authority”, the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
“Telepsychology”, the provision of psychological services using telecommunication technologies.
“Temporary authorization to practice”, a licensed psychologist's authority to conduct temporary in- person, face-to-face practice, within the limits authorized under this compact, in another compact state.
“Temporary in-person, face-to-face practice”, where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
Section 5.
(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.
(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized a temporary authorization to practice under the terms of this compact.
(e) A home state 's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
(1) Currently requires the psychologist to hold an active E.Passport;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and
(5) Complies with the bylaws and rules of the commission.
(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
(1) Currently requires the psychologist to hold an active IPC;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and
(5) Complies with the bylaws and rules of the commission.
Section 6.
(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with section 5, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.
(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: (i) regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or (ii) a foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
(2) Hold a graduate degree in psychology that meets the following criteria:
(i) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
(ii) The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
(iii) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
(iv) The program must consist of an integrated, organized sequence of study;
(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
(vi) The designated director of the program must be a psychologist and a member of the core faculty;
(vii) The program must have an identifiable body of students who are matriculated in that program for a degree;
(viii) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
(ix) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree;
(x) The program includes an acceptable residency as defined by the Rules of the Commission.
(3) Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;
(4) Have no history of adverse action that violate the Rules of the Commission;
(5) Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission;
(6) Possess a current, active E.Passport;
(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
(8) Meet other criteria as defined by the rules of the commission.
(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.
(e) If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under authority to practice interjurisdictional telepsychology.
Section 7.
(a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with section 5, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact.
(b) To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
(i) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
(ii) A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
(2) Hold a graduate degree in psychology that meets the following criteria:
(i) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;
(ii) The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
(iii) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
(iv) The program must consist of an integrated, organized sequence of study;
(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
(vi) The designated director of the program must be a psychologist and a member of the core faculty;
(vii) The program must have an identifiable body of students who are matriculated in that program for a degree;
(viii) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
(ix) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degree;
(x) The program includes an acceptable residency as defined by the Rules of the Commission.
(3) Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;
(4) No history of adverse action that violate the Rules of the Commission; (5) No criminal record history that violates the Rules of the Commission; (6) Possess a current, active IPC;
(7) Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
(8) Meet other criteria as defined by the Rules of the Commission.
(c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.
(d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.
(e) If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
Section 8.
A psychologist may practice in a receiving state under authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of the Commission, and under the following circumstances: (1) the psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; and (2) other conditions regarding telepsychology as determined by rules promulgated by the commission.
Section 9.
(a) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist’s temporary authorization to practice within that distant state.
(b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
(c) If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked.
(1) All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(3) Other actions may be imposed as determined by the rules promulgated by the commission.
(d) A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.
(e) A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.
(f) Nothing in this compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
(g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c).
Section 10.
(a) In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this compact to:
(1) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and
(2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.
(3) During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
Section 11.
(a) The commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this compact is applicable in all compact states as defined by the rules of the commission.
(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against a psychologist’s license;
(5) An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
(6) Non-confidential information related to alternative program participation information;
(7) Any denial of application for licensure, and the reasons for such denial; and
(8) Other information which may facilitate the administration of this compact, as determined by the rules of the commission.
(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
Section 12.
(a) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.
(1) The commission is a body politic and an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting, and Meetings
(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to: (i) executive director, executive secretary or similar executive; (ii) current member of the state psychology regulatory authority of a compact state; or (iii) designee empowered with the appropriate delegate authority to act on behalf of the compact state.
(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
(3) Each commissioner shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.
(4) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 13.
(6) The commission may convene in a closed, non-public meeting if the commission must discuss:
(i) Non-compliance of a compact state with its obligations under the compact;
(ii) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(iii) Current, threatened, or reasonably anticipated litigation against the commission;
(iv) Negotiation of contracts for the purchase or sale of goods, services or real estate;
(v) Accusation against any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigatory records compiled for law enforcement purposes;
(ix) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or
(x) Matters specifically exempted from disclosure by federal and state statute.
(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:
(1) Establishing the fiscal year of the commission;
(2) Providing reasonable standards and procedures (i) for the establishment and meetings of other committees; and (ii) governing any general or specific delegation of any authority or function of the commission;
(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;
(4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
(6) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;
(7) Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations;
(8) The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states;
(9) The commission shall maintain its financial records in accordance with the bylaws; and
(10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(d) The commission shall have the following powers:
(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rule shall have the force and effect of law and shall be binding in all compact states;
(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
(3) To purchase and maintain insurance and bonds;
(4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;
(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;
(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(9) To establish a budget and make expenditures;
(10) To borrow money;
(11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(12) To provide and receive information from, and to cooperate with, law enforcement agencies;
(13) To adopt and use an official seal; and
(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
(e) The Executive Board
The elected officers shall serve as the Executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.
(1) The executive board shall be comprised of 6 members: 5 voting members who are elected from the current membership of the commission by the commission; and 1 ex-officio, non-voting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
(2) The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.
(3) The commission may remove any member of the executive board as provided in bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have the following duties and responsibilities:
(i) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees;
(ii) Ensure compact administration services are appropriately provided, contractual or otherwise;
(iii) Prepare and recommend the budget;
(iv) Maintain financial records on behalf of the commission;
(v) Monitor compact compliance of member states and provide compliance reports to the commission;
(vi) Establish additional committees as necessary; and
(vii) Other duties as provided in rules or bylaws.
(f) Financing of the Commission
(1) The commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall promulgate a rule binding upon all compact states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified Immunity, Defense, and Indemnification
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
Section 13.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission; and
(2) On the website of each compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(2) The text of the proposed rule or amendment and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person; and
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons who submit comments independently of each other; (2) A governmental subdivision or agency; or
(3) A duly appointed person in an association that has having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or compact state funds;
(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
Section 14.
(a) Oversight
(1) The executive, legislative and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, Technical Assistance, and Termination
(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(i) provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default or any other action to be taken by the commission; and
(ii) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.
(4) A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.
(5) The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the State of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(c) Dispute Resolution
(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and non-compact states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
(d) Enforcement
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the State of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
Section 15.
(a) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state which joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule which has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any compact state may withdraw from this compact by enacting a statute repealing the same.
(1) A compact state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state which does not conflict with the provisions of this compact.
(e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
Section 16.
This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
Section 17.
The compact administrator who represents the commonwealth, as provided in the compact, shall not be entitled to any additional compensation for executing his duties and responsibilities as compact administrator but shall be entitled to reimbursement for reasonable expenses actually incurred in connection with his duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties and responsibilities of his office or employment.
Section 18.
The executive director of the board of registration of psychologists, or the board executive director’s designee, shall be the administrator of the psychology interjurisdictional compact for the commonwealth.
Section 19.
The board of registration of psychologists may promulgate regulations as necessary to implement the provisions of this chapter.
Section 20.
The board of registration of psychologists may recover from a psychologist the costs of investigation and disposition of cases resulting in any adverse disciplinary action taken against a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established pursuant to section 35X of chapter 10.
Section 21.
The board of registration of psychologists may take disciplinary action against a psychologist practicing in the commonwealth under the authority to practice interjurisdictional telepsychology or temporary authorization to practice under a license issued by a member state. The board’s disciplinary action may be based on disciplinary action against the psychologist’s license taken by that licensee’s home state.
Section 22.
In reporting information to the coordinated licensure information system under section 11 of this chapter related to the Psychology Interjurisdictional Compact Act, the board of registration of psychologists may disclose personally identifiable information about the psychologist, including social security number.
Section 23.
This psychology interjurisdictional compact shall be subject to the applicable laws and regulations of the commonwealth, including chapters 13, 30A and 112 of the general laws.
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An Act to establish a COVID-19 Remembrance Day
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H2987
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HD3567
| 193
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{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T13:27:03.46'}
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[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T13:27:03.46'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-24T09:35:10.8433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-08T13:47:15.01'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2987/DocumentHistoryActions
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Bill
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By Representative Balser of Newton, a petition (accompanied by bill, House, No. 2987) of Ruth B. Balser, Patricia D. Jehlen and Rebecca L. Rausch for the annual issuance of a proclamation by the Governor setting apart March 10 as COVID-19 remembrance day. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section MMMMMM, the following new section:
Section NNNNNN. The Governor shall annually issue a proclamation setting apart March 10 as COVID-19 Remembrance Day to honor all who died or were stricken and their families from COVID-19 and subsequent variants especially older adults and people with disabilities, to appreciate those first responders, caregivers, and researchers who cared for victims or developed treatments or vaccines in response to the virus, and to evaluate public health preparedness and response to long-term conditions from the virus, and shall recommend that the day be observed in an appropriate manner by the people.
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An Act to preserve early education support for families
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H2988
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HD378
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:18:10.547'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T14:18:10.5466667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:29:39.87'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-04-19T09:30:17.9633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T10:47:28.7566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:05:22.17'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-08T13:09:12.84'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-22T09:56:42.0566667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T14:36:25.5966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-21T10:42:52.37'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-02-08T12:26:26.1966667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T13:11:30.52'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T16:42:43.7066667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-09T14:38:51.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2988/DocumentHistoryActions
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2988) of Christine P. Barber and others relative to childcare and school age programs contracting with the Department of Early Education and Care. State Administration and Regulatory Oversight.
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Section 1: Chapter 7 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in Section 22N, after the words “October 1”
Not withstanding any provision to the contrary childcare and school age programs contracting with the the Department of Early Education and Care shall be exempt from the price limitations set forth by the bureau.
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An Act establishing Indigenous Peoples day
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H2989
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HD468
| 193
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-13T10:49:18.587'}
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[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-13T10:49:18.5866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-12T18:03:26.0266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-10-03T10:23:04.5866667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-07-19T14:05:25.93'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-22T15:54:22.4566667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-18T09:47:23.8566667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-06-28T14:03:44.3533333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-27T20:53:40.9866667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:23:02.2133333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T10:06:34.9233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T18:37:54.0366667'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:14:00.4766667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:49:56.2366667'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-04-03T14:41:23.8433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T15:24:18.9'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:24:19.4533333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-05-03T18:19:04.6966667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-28T20:28:53.5366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T14:25:57.6933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:20:22.18'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T14:43:36.1833333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-24T10:12:18.0566667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-30T14:49:48.1966667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-04-21T13:39:26.04'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-18T14:32:44.0733333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-06T15:08:29.9566667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T07:22:20.58'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-21T14:03:22.28'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-10-03T11:07:05.7966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T16:57:06.2833333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-08-18T13:38:48.31'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-07-17T11:49:33.3066667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-03T07:12:03.4866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2989/DocumentHistoryActions
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Bill
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By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 2989) of Christine P. Barber and others relative to the annual issuance of a proclamation from the Governor setting apart the second Monday in October as Indigenous Peoples day. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by striking out section 12V and inserting in place thereof the following section:–
Section 12V. The governor shall annually issue a proclamation setting apart the second Monday in October as Indigenous Peoples Day and recommending that it be observed by the people, with appropriate exercises in the schools and otherwise, to acknowledge the history of genocide and discrimination against Indigenous peoples, and to recognize and celebrate the thriving cultures and continued resistance and resilience of Indigenous peoples and their tribal nations.
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An Act extending pandemic related relief for dining establishments
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H299
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HD920
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-17T15:30:57.767'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-17T15:30:57.7666667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-10T12:11:12.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H299/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 299) of William C. Galvin and Natalie M. Higgins for legislation to extend pandemic related relief for dining establishments to allow cocktails-to-go. Consumer Protection and Professional Licensure.
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SECTION 1. Section 15 of Chapter 42 of the Acts of 2022 is amended by striking out the words “April 1, 2023” and inserting in place thereof the following words - "April 1, 2024"
SECTION 2. Section 19 of Chapter 42 of the Acts of 2022 is amended by striking out the words “April 1, 2023” and inserting in place thereof the following words:- “April 1, 2024”
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[]
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An Act relative to the employment of persons with disabilities
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H2990
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HD3191
| 193
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{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:41:14.653'}
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[{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:41:14.6533333'}, {'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-20T10:42:30.7933333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-30T13:37:10.3833333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-30T10:34:13.0833333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-30T10:34:13.0833333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T10:34:13.0833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:34:13.0833333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-30T10:34:13.0833333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-30T13:37:10.3833333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-01T12:37:04.3066667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-03T13:15:44.6'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T17:10:54.7133333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-15T14:46:45.47'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T14:46:45.47'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-15T14:46:45.47'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-15T14:46:45.47'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-22T10:30:06.98'}]
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-19T15:41:14.653'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2990/DocumentHistoryActions
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Bill
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By Representatives Biele of Boston and Hunt of Boston, a petition (accompanied by bill, House, No. 2990) of David Biele, Daniel J. Hunt and others relative to the employment of persons with disabilities on state contracts. State Administration and Regulatory Oversight.
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Chapter 7 of the Massachusetts General Laws is hereby amended by placing after Section 38P the following: -
SECTION 38Q. (a) Any contract issued for services in the Commonwealth of Massachusetts or any political subdivision there-in that receives appropriated funds from the legislature of the Commonwealth of Massachusetts shall employ up to 2% of individuals with disabilities hired within such contract. Notwithstanding any general or special law to the contract, the Supplier Diversity Office in consultation with the Massachusetts Office on Disability, the Massachusetts Commission for the Blind and the Massachusetts Rehabilitation Commission shall implement and regulate said law.
(b) Such services shall include but not be limited to janitorial and custodial services, landscaping services, mailroom services, food services, fleet management, manufacturing, trash removal, document destruction, electronic scanning of documents, and facility management services including but not limited to HVAC Services, Painting, Emergency Repair Series, and Snow Removal.
(c) For the purpose of this act, an individual with a disability will be defined as: someone (i) who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; (ii) someone whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; (iii) someone who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation to cause comparable substantial functional limitation.
(d) The percentage requirements shall be met within one year of award of such contract, and steps shall be taken to minimize the displacement of any workers already providing the services covered by such contract.
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An Act relative to access to statements of financial interest
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H2991
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HD1592
| 193
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:07:38.747'}
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[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-18T16:07:38.7466667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:49:44.68'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2991/DocumentHistoryActions
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Bill
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By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 2991) of Natalie M. Blais and Carol A. Doherty relative to access to statements of financial interest. State Administration and Regulatory Oversight.
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Section 3 of chapter 268B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) make statements and reports filed with the commission available for public inspection and copying during regular office hours at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports. The commission shall provide on a website read-only electronic copies of statements and reports filed with the commission; provided, that the commission shall redact all personal information exempt from disclosure pursuant to clause 26 of section 7 of chapter 4. The commission shall be authorized, in its discretion, to exempt from public disclosure those portions of a statement of financial interest filed pursuant to section 5, which contain the home address of the filer.
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An Act relative to the Cobble Mountain Reservoir in the towns of Blandford, Granville, and Russell
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H2992
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HD3766
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T11:47:05.653'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T11:47:05.6533333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-08-23T16:13:38.93'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T11:47:05.653'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2992/DocumentHistoryActions
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Bill
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By Representative Boldyga of Southwick and Senator Mark, a joint petition (accompanied by bill, House, No. 2992) of Nicholas A. Boldyga and Paul W. Mark relative to the Cobble Mountain Road in the towns of Blandford, Granville, and Russell. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Division of Capital Asset Management and Maintenance shall be directed to open the entire length of the road, known as Cobble Mountain Road, that runs adjacent to the east side of Cobble Mountain Reservoir, in the towns known as Blandford, Granville, and Russell. Hereinafter referred to as "the road." The road will remain open for recreational purposes to include pedestrian foot traffic, bicycle traffic , and equestrian traffic.
SECTION 2. The Division of Capital Asset Management and Maintenance may restrict the recreational use of the road during certain hours, provided the road remain open daily from sunrise to sunset to allow for pedestrian foot traffic, bicycle traffic , and equestrian traffic.
SECTION 3. (a) The Division of Capital Asset Management and Maintenance shall visibly post signage indicating the road is open to pedestrian, bicycle, and equestrian traffic along with any restrictions of use.
(b) Said signage shall be posted at the intersection of Cobble Mountain, Hayden, and Crooks Roads in the town known as Blandford; and at the intersection of Cobble Mountain and Wildcat roads in the town known as Granville.
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An Act relative to civil asset forfeiture data reporting
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H2993
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HD2280
| 193
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{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:21:32.497'}
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[{'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-19T10:21:32.4966667'}]
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Bill
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By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 2993) of Nicholas A. Boldyga relative to civil asset forfeiture data reporting. State Administration and Regulatory Oversight.
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SECTION 1: Section 47 of chapter 94C of the General Laws is hereby amended by striking out subparagraph (k)(1) and inserting in place thereof the following subparagraph:-
(k)(1) The attorney general, each district attorney and each police department for which the state treasurer has established a special law enforcement trust fund pursuant to subsection (d) shall file an annual report with the treasurer regarding all assets, monies and proceeds from assets seized pursuant to this section and held by such fund. The report shall provide itemized accounting for each seizure and forfeiture, as required by section 47B. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
SECTION 2: Section 24W of chapter 90 of the General Laws is hereby amended by adding the following paragraphs:-
(g) The attorney general, each district attorney and each police department shall file an annual report with the treasurer regarding all assets, monies and proceeds from assets seized pursuant to this section and held by such fund. The report shall provide itemized accounting for each seizure and forfeiture, as required by section 47B. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
(h) The attorney general, each district attorney and each police department for which the state treasurer has established a special law enforcement trust fund shall file an annual report with the treasurer regarding all expenditures therefrom, which shall include, but not be limited to, the following expense categories: personnel contractors equipment training private-public partnerships inter-agency collaborations; and community grants. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
(i) Annually, not later than March 15, the state treasurer shall file a report with the executive office of administration and finance and the house and senate committees on ways and means regarding the aggregate deposits, aggregate expenditures, and ending balances for each special law enforcement trust fund during the preceding calendar year. The report shall be a public record.
SECTION 3: Section 56 of chapter 265 of the General Laws is hereby amended by adding the following paragraphs:-
(k) The attorney general, each district attorney and each police department shall file an annual report with the treasurer regarding all assets, monies and proceeds from assets seized pursuant to this section and held by such fund. The report shall provide itemized accounting for each seizure and forfeiture, as required by section 47B. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
(l) The attorney general, each district attorney and each police department for which the state treasurer has established a special law enforcement trust fund shall file an annual report with the treasurer regarding all expenditures therefrom, which shall include, but not be limited to, the following expense categories: personnel contractors equipment training private-public partnerships inter-agency collaborations; and community grants. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
(m) Annually, not later than March 15, the state treasurer shall file a report with the executive office of administration and finance and the house and senate committees on ways and means regarding the aggregate deposits, aggregate expenditures, and ending balances for each special law enforcement trust fund during the preceding calendar year. The reports shall be a public record.
SECTION 4: Chapter 94C of the General Laws is hereby amended by adding the following new section:-
Section 47B: Seizure and forfeiture case tracking system and searchable public website.
(a) This section is applicable to property seized and forfeited under section 24W of chapter 90, section 47 of chapter 94C, section 56 of chapter 265, and any other section of the general laws that authorizes a law enforcement agency to seize property used in the commission of a criminal offense for forfeiture.
(b) The state treasurer shall establish and maintain a case tracking system and searchable public website that includes the following information about any property seized and forfeited under state law. The state treasurer shall assign the responsibility to report each element to relevant agencies, including seizing agencies and district attorneys where appropriate:
(1) Name of the law enforcement agency that seized the property;
(2) Date of the seizure;
(3) Type of property seized: currency or, if property other than currency, a description of property seized including make, model, and year;
(4) Place of seizure;
(5) Estimated value of the seizure;
(6) Whether the seizure was transferred to federal government;
(7) Crime for which suspect was charged;
(8) The outcome of suspect’s arrest: no charge was filed, charges dropped, acquittal, plea agreement, jury conviction or other;
(9) Criminal case number, if charged;
(10) Forfeiture case number;
(11) Type of forfeiture proceeding: civil, administrative, criminal or other;
(12) If a property owner filed a claim or counterclaim, who filed it: the suspect, innocent owner, lienholder, other party, or no filing by any party;
(13) Whether there was a forfeiture settlement or consent agreement;
(14) Date of the forfeiture order;
(15) Property disposition: returned to owner, partially returned to owner, sold, destroyed, retained by a law enforcement agency, or pending disposition;
(16) Total value of property forfeited including currency and proceeds from sale of non- currency property (excluding the value of contraband);
(17) Market value of property forfeited under state law that was retained or donated (excluding the value of contraband); and
(18) Estimate of total costs to the state (i) to store property in impound lots or evidence rooms, (ii) to pay for law enforcement personnel and prosecutors’ time and expenses to litigate forfeiture cases and (iii) cost to sell or dispose of forfeited property.
(c) If an agency has made no seizures during the previous year, a null report shall be filed by the agency specifying that it did not engage in seizures or forfeitures during the reporting period.
(d) If a law enforcement agency fails to file a report within 30 days after it is due and there is no good cause as determined by the state treasurer, the agency shall be subject to a civil fine payable to the General Revenue Fund of $500 or the equivalent of one-quarter of the forfeiture proceeds received in the prior year by the agency, whichever is greater.
(e) The state treasurer may recoup its costs under this section by charging a fee to the law enforcement agency filing a report. The agency may use forfeiture proceeds to pay the costs of compiling and reporting data under this chapter, and to pay any fees imposed by the state treasurer.
(f) The state treasurer may adopt rules necessary to implement this section.
(g) The data and reports compiled and prepared under this section shall public records.
SECTION 5. Section 4 shall take effect on January 1, 2022. The remainder of this act shall take effect upon its passage.
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An Act further regulating access to public records
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H2994
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HD2211
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:28:31.233'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:28:31.2333333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:21:17.91'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:30.53'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:48:20.75'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2994) of Antonio F. D. Cabral and others relative to further regulating access to public records. State Administration and Regulatory Oversight.
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SECTION 1. Section 4 of chapter 9 of the General Laws, as appearing in the 2020 Official Edition, is hereby repealed.
SECTION 2. Chapter 66 of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:
Section 1. Public records division; commission of public records.
(a) There is established a public records division within the office of the secretary of the Commonwealth.
(b) Commission of public records. There shall be a commission of public records to govern the division of public records.
(1) Membership of the commission. The commission shall be composed of five members.
(2) Three members shall be appointed by the governor, one of whom shall be the president of the Massachusetts Municipal Association or his designee and one of whom shall be the president of the Massachusetts Newspaper Publishers Association or his designee. One member shall be appointed by the secretary of state and shall serve as chairman and one member shall be appointed by the attorney general.
(3) Members shall serve for terms of five years.
(4) No member or employee of the commission shall hold or be a candidate for any other public office while a member or employee or for 1 year thereafter.
(5) Members may be removed by a majority vote of the governor, state secretary and attorney general for substantial neglect of duty, inability to discharge the powers and duties of office, violation of subsection (d) of this section, gross misconduct, or conviction of a felony.
(6) Any vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy occurring other than by expiration of a term of office shall be appointed for the unexpired term of the member he succeeds.
(7) The commission shall elect a vice chairman, who shall serve as chairman in the chairman’s absence. Three members shall constitute a quorum and three affirmative votes shall be required for any action or recommendation of the commission. Any member may call a meeting; at least seven days advance notice of all meetings shall be given to all members and to any other person who requests such notice and posted online.
(c) Members shall be compensated for work performed for the commission at such rate as the secretary of state and the secretary of administration and finance shall jointly determine, and shall be reimbursed for their reasonable expenses.
(d) The commission shall annually report to the general court and the governor concerning the action it has taken; the names and salaries and duties of all individuals in its employ and the money it has disbursed; and shall make such further reports on matters within its jurisdiction as may appear necessary.
(e) The commission shall hire and employ a supervisor of public records and, subject to appropriations, such other staff as it shall require, who shall serve at the pleasure of the commission.
SECTION 3. Chapter 66 of the General Laws, as so appearing, is hereby amended by inserting after section 1A the following section:
Section 2. The supervisor of public records (in this chapter referred to as the ‘supervisor of records’) shall take necessary measures to put the records of the Commonwealth, counties, cities, or towns in the custody and condition required by law and to secure their preservation. He shall see that the records of churches, parishes, or religious societies are kept in the custody and condition contemplated by the various laws relating to churches, parishes, or religious societies, and for these purposes, he may expend from the amount appropriated for expenses such amount as he considers necessary. The supervisor of records shall adopt regulations pursuant to the provisions of chapter 30A to implement the provisions of this chapter.”.
SECTION 4. Section 10 of said chapter, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A custodian of a public record shall, within 10 days following receipt of a request for inspection or copy of a public record, comply with such request. Such request may be delivered in hand to the office of the custodian or mailed via first class mail or sent electronically if the office has designated a secure means of receiving such requests electronically that allows the requester to obtain a written receipt of said request. If the record is maintained electronically, the custodian shall provide the requested public record in electronic form if so requested. If the custodian refuses or fails to comply with such a request, the person making the request may petition the supervisor of records for a determination of whether the record requested is public. Upon the determination by the supervisor of records that the record is public, he shall order the custodian of the public record to comply with the person's request. If the custodian refuses or fails to comply with any such order, the supervisor of records shall, within five days, notify the attorney general or the appropriate district attorney thereof who shall take whatever measures he deems necessary to ensure compliance with the provisions of this section. The supervisor of records may also seek compliance with his order pursuant to section 10A where neither the attorney general nor the appropriate district attorney has achieved enforcement of the order within 60 days of notification. The administrative remedy provided by this section shall in no way limit the availability of the administrative remedies provided by the commissioner of administration and finance with respect to any officer or employee of any agency, executive office, department, or board; nor shall the administrative remedy provided by this section in any way limit the availability of judicial remedies otherwise available to any person requesting a public record. If a custodian of a public record refuses or fails to comply with the request of any person for inspection or copy of a public record or with an administrative order under this section, the supreme judicial or superior court shall have jurisdiction to order compliance. The person making the request shall be entitled to an award of reasonable attorney's fees and costs if the custodian withholding the public record was in violation of this chapter.
SECTION 5. Chapter 66 of the General Laws, as so appearing, is hereby amended by inserting after section 10B the following section:
Section 10C. The Division of Public Record Appeals.
(a) Establishment of the Division.
(1) The supervisor of records may conduct adjudicatory proceedings and promulgate regulations relative to conducting said proceedings.
(2) There is established in the division of administrative law appeals a division of public record appeals (in this section referred to as the “division”).
(b) The Chief Administrative Magistrate.
(1) The division shall be under the direction of a chief administrative magistrate, who shall be appointed by the supervisor of records. Said chief administrative magistrate, shall be a resident of the commonwealth at the time of the chief administrative magistrate’s appointment and shall be a person with substantial experience as a trial attorney.
(2) The chief administrative magistrate shall hear, or assign for hearing, appeals filed pursuant to this chapter or regulations promulgated thereof and may, subject to appropriation, appoint and make available presiding officers who serve as administrative magistrates, or the equivalent thereof, to hear appeals assigned pursuant to this chapter. Said presiding officers shall serve under the direction, supervision, and control of the supervisor of records and shall be utilized to expedite appeals of the public records division. The chief administrative magistrate, shall when necessary, promulgate regulations governing the proceedings or appeals to be so conducted or heard prior to conducting or hearing any proceedings or appeals.
(c) Powers and Responsibilities of the Division.
(1) It shall be the responsibility of said chief administrative magistrate to organize the division to provide speedy and fair disposition of all appeals and to establish policies that will encourage and aid parties in their compliance with this chapter.
(2) The division may summon witnesses, administer oath and require the production of books, records, papers, electronic records, and any other document at any hearing before the division, upon any matter within its jurisdiction. Witnesses may be summoned by any party to the proceeding in the same manner, be paid the same fees, and be subject to the same penalties as witnesses in civil cases before the courts of the Commonwealth.
(3) The division may institute, by its own initiative, appropriate proceedings in the court with appropriate jurisdiction for enforcement of its final orders or decisions. Any party aggrieved by a final order or decision of the division following a hearing pursuant to any section of this chapter or chapter 31A may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the court with appropriate jurisdiction shall, insofar as applicable, be governed by the provisions of section 14 of chapter 30A, and may be instituted in the court with appropriate jurisdiction.
SECTION 6. Chapter 66 of the General Laws, as so appearing, is hereby amended by striking out section 15, and inserting in place thereof the following section:
Section 15. Whoever unlawfully keeps in his possession any public record or removes it from the room where it is usually kept, or alters, defaces, mutilates, or destroys any public record or violates any provision of this chapter shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment for not more than 1 year, or both. Any public officer who refuses or neglects to perform any duty required of him by this chapter shall for each month of such neglect or refusal be punished by a fine of not more than $500.
SECTION 7. Section 1 of chapter 447 of the acts of 1947, is hereby amended by striking out the following words:
“; provided, that the substance of debates by and among the members of the city council shall not be so published or published elsewhere at the expense of said city”.
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An Act relative to bidding for public construction contracts
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H2995
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HD2223
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:35:51.313'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:35:51.3133333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:21:25.3'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:33.3566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-26T13:53:36.34'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T14:31:18.5533333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-27T08:59:21.3733333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:30:25.7333333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-08T13:07:47.1133333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T14:40:53.7966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-29T16:37:44.3066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:11:35.4066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:49:27.37'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-03T15:52:44.5033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-26T14:42:08.9233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:21:29.7933333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T22:53:55.2933333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T13:53:45.06'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:33:24.05'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:23:33.4566667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T09:08:49.22'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T12:44:35.9266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:16:59.26'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-26T14:18:01.3466667'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2995) of Antonio F. D. Cabral and others relative to bidding for public construction contracts. State Administration and Regulatory Oversight.
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SECTION 1. Subsection 2 of section 44D of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fifth sentence, in lines 66-67, inclusive, and inserting in place thereof the following sentence:
An application for a certificate of eligibility and update statements shall be a public record as defined in section 7 of chapter 4 except that financial information contained in the application shall not be a public record.
SECTION 2. Subsection 12 of said section 44D, of said chapter 149, as so appearing, is hereby amended by striking out the fifth sentence, in lines 279-281, inclusive, and inserting in place thereof the following sentence:
Applications for a certificate of eligibility and update statements shall be a public record as defined in section 7 of chapter 4 except that financial information contained in the application shall not be a public record.
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An Act extending the Special Commission Relative to the Seal & Motto of the Commonwealth
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H2996
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HD3600
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T13:41:56.667'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T13:41:56.6666667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:22:09.83'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:36:51.8366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:50:09.9966667'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2996) of Antonio F. D. Cabral and others for legislation to revive and continue the special commission (established by Chapter 2 of the Resolves of 2020 and revived and continued by Section 89 of Chapter 102 of the Acts of 2021) to investigate the features of the official Seal and Motto of the Commonwealth and providing for the filing of interim reports by said commission. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the resolves of 2020 is hereby amended by inserting, in line 24, after the word “governor” the following: “provided, however, that the commission may submit an interim report or interim reports detailing the progress of the commission.”
SECTION 2. Section 89 of chapter 102 of the acts of 2021, as amended by section 11 of chapter 22 of the acts of 2022, is hereby further amended by striking out the words “December 31, 2022,” both times they appear, and inserting in place thereof, in each instance, the following words: November 15, 2023.
SECTION 3. Section 1 and 2 shall take effect on December 31, 2022.
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An Act relative to public procurement and inclusive entrepreneurship
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H2997
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HD3891
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:40:46.78'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:40:46.78'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:23:43.2233333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:07.95'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-26T11:31:03.6366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:57:24.52'}]
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2997) of Antonio F. D. Cabral and others relative to public procurement and inclusive entrepreneurship through the development, inclusion, and utilization of certified minority-owned business enterprises. State Administration and Regulatory Oversight.
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SECTION 1. Subsection (i) of section 16G of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, at the end of the first paragraph, the following sentence:
The annual report shall include an analysis of the share of economic development funds administered by state agencies, including loans, grants, tax credits, and technical assistance services, provided to entities certified under federal or state law as a minority-owned business.
SECTION 2. Subsection (i) of said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out, in the second paragraph, clauses 8 and 9, lines 82-94, inclusive, and inserting in place thereof the following:
(8) a report of patents or products resulting from agency-funded activities;
(9) a description of technical assistance that the agency provided; and
(10) the share of loans, grants, tax credits, or technical assistance services provided to entities certified under federal or state law as a minority-owned business.
SECTION 3. Subsection (l) of said section 16G of said chapter 6A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:
The secretary of housing and economic development, with the assistance of economic development planning council appointed under this section, shall develop and implement a written comprehensive economic development policy for the commonwealth and a strategic plan for implementing the policy. The policy shall set long term goals and measurable benchmarks which are not limited to a particular gubernatorial administration and shall give consideration to any impacts the plan may have on businesses employing 10 or fewer people. The strategic plan shall include any major economic development initiatives and programs of the secretariat and any agencies subject to this section. The strategic plan shall also include an assessment of racial and ethnic disparities in employment and business ownership and an analysis of how the economic development initiatives contained in the plan will contribute to reducing such disparities. In developing the policy, the council shall review the published economic development policy and plan in effect at the commencement of the governor's term of office and may hold public hearings throughout the commonwealth. However, the council shall hold at least one public hearing on the topic of racial and ethnic disparities in employment and business ownership in the commonwealth.
SECTION 4. Chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after section 62, the following section:
Section 63. (a) The general court finds and declares that:
(1) It is in the state’s interest to encourage competitive business opportunities for all of its people. As anchor institutions, hospitals and higher education institutions are uniquely positioned to build relationships within the communities they serve through the development, inclusion, and utilization of certified minority-owned business enterprises whenever possible
(2) By providing that each major anchor institution submit to the Office of Supplier Diversity a report explaining the institutions supplier diversity statement and expressing its goals regarding certified minority-owned businesses, and the office placing that information on the office’s internet website, that online resource will help facilitate these supplier relationships.
(b) As used in this section, the following words shall have the following meanings, unless a contrary intent is clearly indicated:
“Anchor institution”, a licensed hospital or college or university physically located in Massachusetts.
“Certified business enterprise”, a state- or federally-designated minority-owned business physically located in the United States.
“Office”, means the Office of Supplier Diversity.
“Operating expenses”, means operating expenses, excluding physician professional fees, as reflected in the annual financial report submitted to the office.
(c) On or before July 1 of each year, each anchor institution with operating expenses of $50,000,000 or more, or $25,000,000 or more when operating as a component of a larger hospital or university system, shall submit an annual report to the office on its minority enterprise procurement efforts during the previous year. The annual report shall include all of the following:
(1) The anchor institution’s supplier diversity policy statement.
(2) The anchor institution’s outreach and communications to minority business enterprises, including:
(i) How the anchor institution encourages and seeks out minority business enterprises to become potential suppliers.
(ii) How the anchor institution encourages its employees involved in procurement to seek out minority business enterprises to become potential suppliers.
(iii) How the anchor institution conducts outreach and communication to minority business enterprises.
(iv) How the anchor institution supports organizations that promote or certify minority business enterprises.
(v) Information regarding appropriate contacts at the anchor institution for interested business enterprises.
(vi) The anchor institution’s procurements that are made from minority business enterprises with at least a majority of the enterprise’s workforce in Massachusetts, with each category aggregated separately, to the extent that information is readily accessible. An anchor institution that is part of a system may report the diversity of its procurement in compliance with this subparagraph from a system level if there are suppliers that provide services or goods to all units within the system. An anchor institution shall report the diversity of the remainder of its procurement, including the suppliers that do not resource the entire system.
(3) The report may include other relevant information the office or anchor institution deems necessary.
(d) This section shall not be construed to require quotas, set-asides, or preferences in an anchor institution’s goods or services.
(e) By July 1, 2021, the office shall establish and maintain a link on the office’s internet website that provides public access to the contents of each anchor institution’s report on minority business enterprise procurement efforts. The office shall include a statement on the office’s internet website that the information contained in the anchor institution’s report on minority business enterprises is provided for informational purposes only.
SECTION 5. Chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after section 10B, the following section:
Section 10C. Prior to the state treasurer’s deposit of cash reserves to eligible lending and banking institutions, as defined in section 10A of chapter 10 of the general laws, the treasurer shall ensure the division of banks, as defined in section 1 of chapter 167 of the general laws, has collected data required of lending institutions pursuant to section 13A of chapter 167 of the general laws.
SECTION 6. Chapter 167 of the General Laws, as so appearing, is hereby amended by inserting, after section 13, the following section:
Section 13A. (a) The division of banks shall require the collection of small business lending data from all lenders, including online lenders, and small businesses on an annual basis. The division shall also analyze the impacts that lenders, including online lenders, and their practices have on minority borrowers in the Commonwealth.
(b) The division shall promulgate regulations relative to the required collection of small business lending data. Said regulations shall include, but not be limited to the following:
(1) the establishment of a central depository of the collection and analysis of small business lending data, to include, but not be limited to the following: lending and banking institutions’ average annual percent rates, default rates, and fees.
(2) procedures for the solicitation and acceptance of reports regarding small businesses’ incidents of predatory lending practices.
(3) procedures for assessing the credibility and accuracy of reports of small business lending data from lending institutions.
(c) The division shall file an annual report with the information obtained pursuant to subsections (a) and (b) as well as recommendations for best practices for small business borrower lending with the house and senate clerks and the house and senate chairs of the joint committee on financial services not later than July 1.
SECTION 7. (a) Notwithstanding any general or special law to the contrary, all appointive boards and commissions in the commonwealth established by the Massachusetts general laws, including boards and commissions of a political subdivision of the state, if not otherwise provided by law, shall adopt policies and practices designed to increase the racial and ethnic diversity of their board membership and commission membership. To meet this goal, said boards and commissions shall report on an annual basis to the secretary of state and the office of the governor the following: (i) data on specific qualifications, skills and experience that the board appointees considers for its board of directors and nominees for the board of directors and commissions; (ii) the self-identified race and ethnicity of each member of said board of directors and commissions; (iii) the number of total individuals on said boards and commissions; iv) a description of the process of said board or commission for identifying, evaluating, and determining nominees and appointees including, but not limited to, how demographic diversity is considered; and (v) a description of the policies and practices of said boards and commissions for promoting diversity, equity and inclusion among said boards and commissions and (vi) the total number of people of color and the total number of individuals who serve as members on all boards and commissions in the commonwealth.
(b) To track and measure progress, an annual report shall be published by the office of the governor, annually, not later than July 1, that provides: (i) demographic data provided by all public board and commission applicants, including boards and commissions of a political subdivision of the state, relative to ethnicity and race; and (ii) demographic data provided by all public board and commission nominees or appointees, including boards and commissions of a political subdivision of the state, relative to ethnicity and race, pursuant to section (a) of this act. Any demographic data disclosed or released pursuant to this section shall be anonymized to the extent practicable and shall not identify an individual applicant, nominee or appointed board member or commissioner. Said demographic data shall also disclose aggregated statistical data by commission or board sector and by secretariat that governs said board or commission, if applicable.
(c) Notwithstanding any general or special law to the contrary, and pursuant to any established appointment procedures of individual boards or commissions in the commonwealth, racial diversity shall be considered in any subsequent appointments made after July 1, 2021, to any public boards and commissions in the commonwealth.
(d) By January 1, 2025, all boards and commissions shall, to the extent feasible, broadly reflect the general public of the commonwealth, including the percentage of racial and ethnic minorities in the general population.
SECTION 8. Sections 4 and 10 shall take effect on July 1, 2025.
SECTION 9. Chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after section 44M, the following section:
44N. (a) For purposes of this section the following phrases shall have the following meanings:
''Underutilized bidder'', any minority person or business beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of ''minority business'' set forth in section 40N of chapter 7, any business beneficially owned by one or more women as provided in the definition of ''women-owned business'' set forth in said section 40N, any small business as provided in any micro- - of chapter 23A, and any local business, defined as having its principal office in the geographic area over which the procurement officer has jurisdiction and the owners of more than 50 percent of the business enterprise are residents of the geographic area over which the procurement officer has jurisdiction.
''Sheltered market program'', a program under which certain contracts are designated by the chief procurement officer for procurement from one or more classes of underutilized bidders.
(b) When authorized by majority vote, a chief procurement officer may establish a sheltered market program in conformity with the requirements of this section. Such authorization may apply to a single contract or to any number or types of contracts, shall specify the class or classes of underutilized bidders to be included in the sheltered market program, and shall to the extent constitutionally required be based on findings that such program is a remedy for the present effects of past discrimination.
(c) A procurement officer shall not solicit or award a contract pursuant to a sheltered market program until the chief procurement officer, after notice and a public hearing, has approved written procedures for the operation of such program, has filed such procedures with the state office of minority and women business assistance and the secretary of state, and has published such procedures or a summary thereof in a newspaper of general circulation within the area served by the governmental body and in any publication established by the secretary of state for the advertisement of such notices.
Such written procedures shall, at a minimum, include:
(1) procedures for the certification of underutilized bidders, which procedures shall require the use of standardized application forms, the submission of applications sworn to under the penalties of perjury, the maintenance of certification records by the chief procurement officer or his designee, an opportunity for a business denied certification to be heard on such denial, the issuance of certificates valid for a period not longer than two years, notice and an opportunity to be heard prior to revocation of certificates, and a public information campaign to encourage certification; provided, however, that a governmental body's certification procedures may authorize participation in its sheltered market program by any eligible underutilized bidder duly certified under the sheltered market program of another governmental body or by the state office of minority and women business assistance;
(2) in the event the authorization required by paragraph (b) does not designate the specific contracts to which the sheltered market program applies, procedures for designating such contracts, which procedures shall (i) set forth criteria for designating contracts, (ii) require that each designation be in writing and based on written findings that the contract meets such criteria, and (iii) provide for an administrative review of the appropriateness of including the contract in the sheltered market program;
(3) procedures for ensuring effective competition among underutilized bidders for contracts within the sheltered market program, including procedures requiring (i) supplemental advertising in media serving underutilized communities, (ii) for the procurement of the construction, reconstruction, installation, demolition, maintenance or repair of any building in the amount of one thousand dollars but less than ten thousand dollars, the receipt of written or oral quotations from no fewer than three certified underutilized bidders customarily providing such construction services; provided, however, that a quotation shall not be considered until the bidder has submitted to the procurement officer a copy of a valid certificate, and (iii) for the procurement of the construction, reconstruction, installation, demolition, maintenance or repair of any building in the amount of ten thousand dollars or more, the receipt of responsive bids or proposals from no fewer than three certified underutilized bidders; provided, however, that a bid or proposal shall not be considered unless accompanied by a copy of a valid certificate; and
(4) procedures for review and assessment of the sheltered market program, at least annually, based upon a detailed written report by the chief procurement officer or his designee, which report shall at a minimum set forth for the twelve months then ending (i) the number and dollar value of contracts awarded to underutilized bidders under the sheltered market program, (ii) the total number, the percentage, the total dollar value, and the percentage dollar value of contracts awarded by the governmental body to underutilized bidders eligible for participation in the sheltered market program, (iii) a description of other efforts undertaken by the governmental body to increase its contracting with underutilized bidders, and (iv) recommendations for continuing, modifying, or terminating the program.
A violation of any valid procedure adopted pursuant to this section shall constitute a violation of this chapter.
(d) Advertisements for a contract within the sheltered market program shall state that the contract will be awarded under a sheltered market program and shall specify the class or classes of underutilized bidders to which competition for the contract is limited.
(e) In no event shall a contract designated for inclusion in a sheltered market program be awarded on a sole source basis. If fewer than three responsive bids, proposals, or quotations are received, or if all bids, proposals, or quotations are rejected, the contract shall not be awarded under the sheltered market program.
(f) No contract shall be awarded under a sheltered market program for a term exceeding three years, including any renewal, extension, or option. No underutilized bidder shall be awarded a sheltered market program contract if at the time of award such bidder is a party to any other sheltered market program contract the term of which, including any renewal, extension, or option, has not expired. No underutilized bidder shall be awarded more than three sheltered market program contracts by one or more governmental bodies within any one-year period.
(g) Except as otherwise provided in this section, all procurements under a sheltered market program shall be undertaken in accordance with the provisions of this chapter.
SECTION 10. Section 44A of chapter 149, as so appearing, is hereby amended by inserting after subsection 5, the following subsection:
(6) An awarding authority awarding a contract under this chapter may ensure the prompt payment to any subcontractor with whom the contractor has contracted by implementing a prompt payment program. Any subcontractor that has fully performed in accordance with the terms of the contract is entitled to prompt payment from a contractor under such a program.
(a) If an awarding authority implements a prompt payment program, a contractor shall notify all subcontractors with which it has contracted of the schedule of payments due to it by the awarding authority and the receipt of such payments.
(b) Within 14 days of receipt of a payment from the awarding authority, a contractor shall pay a subcontractor the full or proportional amount received for each such subcontractor's work and material, based on work completed or services provided under the subcontract, unless the contract says otherwise.
(c) A contractor may withhold payment within the 14-day period if a written notice stating the reason for withholding is provided to the subcontractor and the
(d) (1) If a subcontractor does not receive payment within the required period, the subcontractor may give written notice of the nonpayment to the procurement officer, indicating:
(i) the name of the contractor;
(ii) the project under which the dispute exists;
(iii) the amount in dispute;
(iv) the itemized description on which the amount in dispute is based.
(2) After review of the written notice, the procurement officer may schedule a meeting with the subcontractor and contractor to evaluate the dispute and determine if the contractor is wrongfull withholding or refusing payment.
(i) If the procurement officer determines that the contractor is wrongfully withholding or refusing payment, the contractor shall provide payment to the subcontractor within 7 days of the meeting.
(ii) If the contractor further withholds or refuses payment, the procurement officer may impose a penalty of $100 per day until the contractor provides payment to a subcontractor.
(e) If a contractor fails or refuses to pay a subcontractor within the required period after the receipt of a payment from the awarding authority, a contractor shall pay, in addition to the payment amount, interest accrued for each business day beyond the required payment period.
(1) Interest will not begin to accrue until the beginning of the business day on from the awarding authority.
(2) procurement officer.
SECTION 11. Chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after section 44A 1/2, the following section:
44A 3/4 (a) A procurement officer may establish, for contracts awarded under subsections 44A(c)-(d) of this chapter, an underutilized business subcontracting program for the purpose of increasing participation of underutilized businesses in the public construction industry. As used beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of ''minority business'' set forth in section 40N of chapter 7, any business beneficially owned by one or more women as provided in the definition of ''women owned business'' set forth in said section 40N, any small business as provided in the definition of -business as provided in the - any local business, defined as having its principal office in the geographic area over which the procurement officer has jurisdiction and the owners of more than 50 percent of the business enterprise are residents of the geographic area over which the procurement officer has jurisdiction.
(b) In establishing such a program, a procurement officer shall set project-specific participation goals for underutilized subcontractors based on an assessment of the availability of underutilized subcontractors to do the needed work. If a procurement officer implements such a program, the requirement of a good-faith effort to meet these goals shall be included in the evaluation of bidders, along with the requirements and criteria set forth in the invitation for bids. A procurement officer may reject the lowest bid if the bidder does not meet the project participation goals or show good faith efforts to meet the project participation goals outlined in the invitation for bids.
(1) Good-faith efforts, as used in this section, may include: (i) actively soliciting underutilized businesses (ii) engaging in outreach to underutilized businesses in socially and economically disadvantaged communities, (iii) making project plans available to underutilized businesses for pre-bid inspection, (iv) providing bonding assistance to underutilized subcontractors, and (v) working and developing relationships with trade and community organizations that support underutilized businesses.
(c) When implementing a subcontracting program, a procurement officer may establish a preapprenticeship program to provide relevant training to develop the skills and expertise of underutilized individuals in the construction industry. This pre-apprenticeship program may include (1) training and courses on specific trades within the construction industry, financial literacy, and exposure to apprenticeship programs, (2) support services and community building, and (3) assistance in entering apprenticeship programs.
(d) A procurement officer may set mandatory subcontracting minimums, either on an annual basis or for individual projects estimated to cost over $50,000. The minimums shall be expressed as a percentage of the total project value rather than as a percentage of the total estimated subcontracting value.
(1) Before adopting mandatory subcontracting minimums, a procurement officer may and hold public hearings to determine the acceptable minimum benchmarks. The following information may be considered when determining the appropriate mandatory subcontracting minimum: (1) current participation of underutilized businesses on city construction projects, (2) availability of underutilized businesses in the relevant geographic area to perform subcontracting work on city construction projects estimated to cost over $50,000, and (3) barriers that currently exist in the construction industry to exclude underutilized businesses in the relevant geographic area.
(2) An awarding authority of a public construction contract awarded under section 5 of this chapter shall reject any bid that does not demonstrate feasible compliance with the mandatory subcontracting minimum. A bidder must provide, in its proposal, a detailed plan for engaging with underutilized businesses and for meeting the mandatory subcontracting minimum. An awarding authority shall the mandatory subcontracting minimum and conduct an independent assessment of subcontracting opportunities for underutilized businesses.
(3) If a bidder does not demonstrate best efforts to meet the mandatory subcontracting minimum, the awarding authority shall deem the bidder non-responsive.
(4) An awarding authority shall include the mandatory subcontracting minimum in any solicitations, requests for qualifications, requests for proposals, and any other bidding notices to prospective bidders.
(e) The procurement office of a local municipality located in the Commonwealth shall make available an online public database for the purpose of tracking underutilized business
(1) The procurement office shall engage in ongoing collection of the following information: (1) the names and contact information of underutilized businesses in (2) the total year-to-date dollar value paid directly to underutilized subcontractors on city procurement projects, (3) the total year-to-date percentage of participation of underutilized businesses in the relevant geographic area, (4) the year-to-date percentage of participation of underutilized businesses in the relevant geographic area for each category of subcontract or trade work enumerated in subsection 44F(1)(a), and (5) the diversity plans of each bidder on any public construction project.
(f) In addition to a public database containing information about a low to underutilized business participation goals in public construction projects, a local procurement office shall create and make available to small businesses and micro-businesses a public dashboard listing upcoming public construction project opportunities.
(1) A procurement officer may post an upcoming contracting opportunity prior to soliciting prospective bidders from a list of past bidders.
(2) A procurement officer may make good faith efforts to advertise the availability of the dashboard to underutilized businesses a reasonable amount of time prior to the main website.
(3) The dashboard shall set forth the following information:
(a) The contract type
(b) The estimated total contract value
(c) The expected categories of subcontract and trade work required
(d) The expected period of performance
(e) The contract-specific underutilized business participation goals
(f) The date that an invitation for bids will be issued and published
(g) Any other information that the procurement officer deems necessary and beneficial to underutilized businesses.
(h) For a competitive grant program to be administered by the supplier diversity office, in consultation with the secretary of technology services and security, to assist cities and towns with information technology to facilitate the provisions of this section, including compiling data to track the participation of and contracts awarded to minority-owned and women-owned businesses, small and micro-businesses, and local businesses. Provided, that eligible uses shall include, but not limited to, planning and studies, purchase, procurement, acquisition, licensing
SECTION 12. Subsection (3) of section 44J of chapter 149, as so appearing, is hereby amended by inserting the following clause:
(a) An awarding authority may split any contract or preliminary plans and specifications for the purpose of making public projects more accessible to underutilized micro-businesses.
(i) For each individual new contract created from a split contract or preliminary plans and specifications, an awarding authority shall adhere to the bidding procedures and provisions of this section as if the contract or preliminary plans and specifications had not been split.
SECTION 13. Section 39M of chapter 30, as so appearing, is hereby amended by inserting after subsection (e), the following subsection:
(f) When authorized by majority vote, a chief procurement officer may establish a sheltered market program, as established under section 44K of chapter 149, in conformity with the requirements of this section.
SECTION 14. Section 49 of chapter 7C, as so appearing, is hereby amended by inserting after subsection (e), the following new subsection:-
(f) On any project procured under this chapter, including by any city, town, or agency, board, commission, authority or instrumentality thereof, an awarding authority may set project participation goals and/or include as an additional qualification that applicant meet these goals or engage in good faith efforts to meet these goals.
(i) Such good faith efforts may include:-
(a) Ensuring the participation of underutilized businesses;
(b) Outreach to local communities and underutilized businesses within these communities, including communicating project opportunities;
(c) Developing creative, specific plans to increase diversity and inclusion of underutilized businesses.
(ii) An awarding authority may require applicants to provide an affidavit that they will exercise good faith efforts to meet project goals.
(iii) An awarding authority may exercise discretion to reject any application that does not show a commitment to diversity and inclusion.
SECTION 15. Subsection (a) of section 18 of chapter 30B, as so appearing, is hereby amended by striking the definition of “Disadvantaged vendor” and inserting in place thereof the following new definition:
any business beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of ''Minority business'' set forth in section forty of chapter seven, and any business beneficially owned by one or more women as provided in the definition of ''Women-owned business'' set forth in said section 40N and any business beneficially owned by 1 or more veterans as provided in the definition of ''veteran-owned business'' as set forth in section 40N, and any small business as provided in the definition of -business as provided in the - having its principal office in the geographic area over which the procurement officer has jurisdiction and the owners of more than 50 percent of the business enterprise are residents of the geographic area over which the procurement officer has jurisdiction.
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An Act to modernize participation in public meetings
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H2998
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HD3896
| 193
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{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:12:37.863'}
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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:12:37.8633333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:23:50.8633333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:19.1'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-04T14:12:43.08'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:47:59.3733333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:23:25.4633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-27T15:11:12.65'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T14:07:30.5066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2998/DocumentHistoryActions
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Bill
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By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2998) of Antonio F. D. Cabral and others relative to participation in public meetings. State Administration and Regulatory Oversight.
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SECTION 1. Section 18 of chapter 30A of the General Laws, as appearing in 2020 Official Edition, is hereby amended by inserting after the word “meeting”, in line 9, the following word:- information.
SECTION 2. Section 18 of said chapter 30A, as so appearing, is hereby further amended by inserting at the end thereof the following:-
“Remote access,” access through the internet, video conferencing or other video technology that allows the public to view and, when permitted or required, participate in a meeting of a public body remotely from a location other than the meeting location.
“Remote participation,” participation by a member of a public body in a meeting of that public body through internet, video conferencing or other video technology remotely from a location other than the meeting location.
SECTION 3. Chapter 30A is hereby amended by striking out section 20 and inserting in place thereof the following section:
Section 20 (a) Except as provided in section 21, all meetings of a public body shall be physically open, and remotely accessible, to the public.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of the meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted to the municipal website by the municipal clerk and may be posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located. For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies and notice shall be posted on the regional or district public body’s website. For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within the district and the clerk of such each city or town shall post the notice in the manner prescribed for local public bodies, and notice shall be posted on the regional school district’s website. For meetings of a county public body, notice shall be filed in the office of the county commissioners for the county and shall be posted on the county public body’s website, and notice may be posted in a manner conspicuously visible to the public at all hours in the places as the county commissioners shall designate for the purpose.
For meetings of a state public body, notice shall be filed with the attorney general by posting on a website under the procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division in the state secretary’s office and notice shall be posted on the state public body’s website, or the website of its parent agency.
The chair of a public body may petition the attorney general for the use of an alternative method of notice where the use of a website is unduly burdensome or presents a hardship to the public body or regional school district. The attorney general may prescribe or approve alternative methods of notice where the attorney general determines that the use of a website is unduly burdensome or presents a hardship and the alternative methods will afford effective notice to the public.
(d) (1) All public bodies shall provide for remote access and remote participation at every meeting.
(2) Members of a public body participating physically or participating remotely in a meeting shall participate in the same manner for the duration of that meeting. A public body, other than a local commission on disability, shall have at least one-third of its members physically present at all meetings and members participating remotely may vote, count towards the quorum, and shall not be deemed absent for the purposes of section 23D of chapter 39. The chair of a local commission on disability or, in the chair’s absence, the person authorized to chair the meeting of a local commission on disability, shall be physically present at the meeting location.
(3) Members of a state public body participating physically or participating remotely in a meeting shall participate in the same manner for the duration of that meeting. A state public body shall have at least one of its members physically present at all meetings and members participating remotely may vote, count towards the quorum, and shall not be deemed absent for the purposes of section 23D of chapter 39. All meetings of a state public body shall be video recorded with access to the recording posted on the website of the public body within 10 business days after the meeting.
(4) Remote access allowing the public to view or participate in the deliberations of a public body shall be available without any paid subscription, toll, or similar charge. All public bodies shall ensure remote access to meetings is accessible to persons with disabilities and provided in such a manner as to ensure equal opportunity to such persons. Public bodies shall include captioning, which may be provided through automatic speech recognition technology, or other reasonable accommodations if needed, consistent with the American Disabilities Act and chapter 151B to persons with disabilities remotely accessing the meeting.
(6) All public bodies shall ensure that remote participation by members is accessible to members with disabilities and provided in such a manner as to ensure equal opportunity to such members. Public bodies shall include captioning, which may be provided through automatic speech recognition technology, or other reasonable accommodations if needed, consistent with the American Disabilities Act and chapter 151B to persons with disabilities participating remotely.
(e) After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. At the beginning of the meeting, the chair shall inform other attendees of any recordings.
(f) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.
(g) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
SECTION 4. Section 22 of chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (a) and inserting in place thereof the following subsections:-
(a) A public body shall create and maintain accurate minutes of all meetings, including executive sessions, setting forth the date, time and place, the members present or absent, a summary of the discussions on each subject, a list of documents and other exhibits used at the meeting, the decisions made, and the actions taken at each meeting, including the record of all votes. Minutes of all meetings, including executive sessions, shall be created, and approved by the following meeting or within 30 days, whichever is later, unless the public body can show good cause for further delay.
SECTION 5. Section 22 of said chapter 30A, as so appearing, is hereby further amended by striking subsection (c) and inserting in place thereof the following:-
(c) The minutes of an open session, if they exist and whether approved or in draft form, shall be made available upon request to any person within 10 business days. A public body may, within 10 business days, refer the requester to the public body’s website where the requested minutes, whether approved or in draft form, may be found. Within 10 business days of approval, minutes of an open session shall be posted to the public body’s website.
SECTION 6. Said Section 22 of said chapter 30A, as so appearing, is hereby further amended by inserting after the word “meeting”, in line 60, the following words:-
Within 10 business days of a determination that continued non-disclosure of executive session minutes is no longer warranted, such executive session minutes shall be posted to the public body’s website.
SECTION 7. Said section 22 of said chapter 30A, as so appearing, is hereby further amended by inserting after the word “review”, in line 69, the following words:-
A public body may, within 10 business days, refer the requester to the public body’s website where the requested minutes may be found if all requested minutes have been released to the public.
SECTION 8. Section 23 of said chapter 30A, as so appearing, is hereby amended by inserting after the word “violation”, in line 34, the following words: or a civil penalty of not more than $200 against any member of a public body for a third or subsequent knowing violation. A civil penalty against an individual member of a public body shall not be reimbursable with public funds.
SECTION 9. Subsection (c) of said section 23 of said Chapter 30A, as so appearing, is hereby further amended by striking out the seventh clause and inserting in place thereof the following clauses:- (7) issue a private education letter to a member of a public body; (8) reprimand a member of a public body; provided, however, that no member of a public body shall be reprimanded unless the attorney general has issued a private education letter to said member within the past twelve months; or; (9) prescribe other appropriate action.
SECTION 10. Subsection (f) of said section 23 of said Chapter 30A, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-
The remedy created hereby is not exclusive but shall be in addition to every other available remedy. In an action brought by 3 or more registered voters, such order of notice may also require the public body to reimburse said voters reasonable attorney’s fees and court costs.
SECTION 11. Section 30A of chapter 20 of the acts of 2021, inserted by section 10 of chapter 22 of the acts of 2022, is hereby amended by striking out the words “July 15, 2022” and inserting in place thereof the following words:- March 31, 2023.
SECTION 12. Sections 1 through 10 of this act shall take effect on April 1, 2023.
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An Act relative to nonprofit remote voting
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H2999
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HD684
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-16T22:40:59.943'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-16T22:40:59.9433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H2999/DocumentHistoryActions
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 2999) of Daniel Cahill relative to remote voting for certain public charities. State Administration and Regulatory Oversight.
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SECTION XX:
Said section 6A of said chapter 180 of the General Laws, as so amended, is hereby further amended by adding the following paragraph:
Unless otherwise provided in the articles of organization or bylaws, if authorized by the board of directors: any annual, regular, or special meeting of members may be held at a physical place, by means of remote communication, or by a hybrid model with both a physical place and by means of remote communication; and subject to the articles and bylaws or such guidelines and procedures as the board of directors may adopt, members not physically present at a meeting of members may, by means of remote communications:
(1) participate in a meeting of members; and
(2) be deemed present in person and vote at a meeting of members whether such meeting is to be held at a designated place, by means of remote communication, or by a hybrid model, provided that:
(i) the corporation shall implement reasonable measures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a member;
(ii) the corporation shall implement reasonable measures to provide such members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with such proceedings; and
(iii) if any member votes or takes other action at the meeting by means of remote communication, a record of such vote or other action shall be maintained by the corporation
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Legislative recommendations of the Massachusetts Gaming Commission
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H3
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HD3
| 193
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{'Id': None, 'Name': 'Massachusetts Gaming Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-02T12:17:03.153'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3/DocumentHistoryActions
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Letter of Transmittal
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Proposal for a legislative amendment to the Constitution relative to the title of the Governor
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H30
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HD3598
| 193
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{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-20T13:41:35.797'}
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[{'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-20T13:41:35.7966667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-02-03T16:14:58.5066667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-27T16:04:08.4366667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-04-03T14:55:20.86'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-28T11:00:01.67'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-02T10:09:31.91'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T09:19:06.8'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T15:31:38.55'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H30/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Representative Armini of Marblehead, a petition (accompanied by proposal for constitutional amendment, House, No. 30) of Jennifer Balinsky Armini and Andres X. Vargas for a legislative amendment to the Constitution relative to the title of the Governor. The Judiciary.
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The constitution is hereby amended by striking Article I of Part the Second, Chapter II, EXECUTIVE POWER. Section I and replacing it with the following:-
Article I.
There shall be a supreme executive magistrate, who shall be styled, The Governor of the Commonwealth of Massachusetts; and whose title shall be -- Her Excellency, His Excellency, or Their Excellency.
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act establishing a dentist diversion program
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H300
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HD2095
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T10:17:01.603'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T10:17:01.6033333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T10:20:26.1133333'}]
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T10:17:01.603'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H300/DocumentHistoryActions
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Bill
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By Representatives Garlick of Needham and Chan of Quincy, a petition (accompanied by bill, House, No. 300) of Denise C. Garlick and Tackey Chan relative to establishing a remediation program for dentists dealing with illness, substance abuse or mental health issues. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after section 52G the following two sections:-
Section 52H. In sections 52H and 52I, the following words shall have the following meanings:
“Impairment”, the inability of a licensed healthcare provider to practice with reasonable skill and safety as a result of a substance use or other mental disorder, or physical illness or condition, including but not limited to those illnesses or conditions that would adversely affect cognitive, motor, or perceptive skills. Impairment is a functional classification which exists dynamically on a continuum of severity and can change over time rather than being a static phenomenon. Illness, per se, does not constitute impairment.
“Remediation Program”, a confidential program for licensed dental professionals whose ability to practice may be impaired due to illness, typically substance use or other mental health disorders. The program offers a means of recovery and rehabilitation without the loss of a license by providing access to early identification, intervention, evaluation, monitoring, referral to appropriate intervention programs and treatment services, and earned advocacy, when appropriate, of licensees with potentially impairing illness, ideally prior to functional impairment.
“Continuing Care”, guidance, support, toxicology collection, and accountability through a formal monitoring contract concurrent with or following an evaluation and treatment process.
“Substantive Non-Compliance”, a pattern of non-compliance or dishonesty in continuing care monitoring or an episode of non-compliance which could place patients at risk.
“Peer Review Committee”, a committee of healthcare providers which has as its function the evaluation or improvement of the quality of health care rendered by providers of health care services, and the evaluation and assistance of health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise.
Section 52I. (a) The board is hereby authorized and directed to select one or more entities to serve as designated remediation programs. A designated remediation program shall: (i) serve as a voluntary alternative to traditional disciplinary actions; (ii) establish criteria for the acceptance, denial, or termination of registered dentists and dental hygienists in the program; and (iii) establish an outreach program to identify registered dentists and dental hygienists who may have a substance use disorder and to provide education about the rehabilitation program. Any registered dentist or dental hygienist in Massachusetts may request to participate in the program.
(b) To be eligible for designation, a remediation program shall have demonstrable experience in the field of substance use disorder and employ a licensed mental health professional with experience in the treatment of substance use disorders. No employee or volunteer member of the remediation program who is licensed to practice by the department of public health, division of occupational licensure or by the board of registration in dentistry shall have had any type of disciplinary or enforcement action taken against them by their respective licensing board, the United States Food and Drug Administration or the United States Drug Enforcement Administration during the 5 years preceding their appointment to the program. No member of the board shall be employed by or volunteer for the program.
(c) The remediation program shall have the following duties and responsibilities: (i) to evaluate registered dentists and dental hygienists who request to participate in the program regarding admission into the program; (ii) to agree to accept referrals from the board; (iii) to review and designate treatment facilities and assessment services to which participants may be referred; (iv) to receive and review information concerning a participant in the program; (v) to disclose to the board aggregate data andstatistics on compliance based on ongoing recovery documentation; (vi) to provide each participant, through contracted agreements, with an individualized remediation plan according to guidelines developed through collaboration between the board and the remediation program with regards to requirements for supervision; (vii) to provide information to dentists or dental hygienists who request to participate in the program, and (viii) to establish an outreach program to identify registered dentists and dental hygienists who may have a substance use or other mental health disorder, and to provide education about the remediation program.
(d) In accordance with peer review law, proceedings, reports, and records of the remediation program are to be kept confidential pursuant to section 204 of chapter 111. Such records are not to be disclosed, are not subject to subpoena or discovery, and cannot be introduced into evidence in any judicial or administrative proceeding, subject to paragraph (e) and (f).
(e) A registered dentist or dental hygienist who requests to participate in the remediation program shall agree to cooperate with the individualized remediation plan recommended by the remediation program. The remediation program may report to the board the name and license number of a registered dentist or dental hygienist that fails to comply with the provisions of an individualized remediation plan.
(f) After the remediation program, in its discretion, has determined that a registered dentist or dental hygienist has successfully completed an individualized remediation plan through the program, the board shall seal all records pertaining to the participation of the registered dentist or dental hygienist in the program. No record shall be sealed sooner than 5 years from the participant’s date of entry into the program. All board and remediation program records of a participant’s involvement in the program shall be kept confidential and shall not be subject to discovery or subpoena in any civil, criminal, legislative or administrative proceeding without the prior written consent of the participant.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to default insurance programs for certain public construction projects
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H3000
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HD1655
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:28:02.38'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:28:02.38'}]
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3000) of Daniel Cahill relative to default insurance programs for certain public construction projects. State Administration and Regulatory Oversight.
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Section 1. Section 8 (a) of Chapter 149A of the General Laws as appearing in the 2018 Official Edition is hereby amended by striking out paragraph 2 and inserting in place thereof the following new paragraph:-
All trade contracts entered into in accordance with this chapter shall be secured by performance and payment bonds in the full amount of the trade contract from a surety company licensed to do business in the commonwealth and whose name appears on United States Treasury Department Circular 570; provided that the bonds are subject to subsection (3) of section 44F of chapter 149 except for those subcontracts subject to a subcontractor default insurance policy obtained by the construction management at risk firm. The construction manager at risk firm to obtain a subcontractor default insurance policy in lieu of the requirement that all trade contractors obtain payment and performance bonds. The intention to use a subcontractor default insurance policy shall be made known by the awarding authority and construction manager at risk firm prior to the receipt of trade contractor bids pursuant to subsection (g) of this section.
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An Act relative to the timely and consistent payment of law enforcement personnel
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H3001
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HD1681
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:37:48.363'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:37:48.3633333'}]
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3001) of Daniel Cahill relative to the payment of law enforcement personnel in construction contracts. State Administration and Regulatory Oversight.
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SECTION 1. Section 39M of Chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following paragraph at the end thereof:-
“In order to ensure the timely and consistent payment for police details assigned to public works projects performed under this chapter, the project awarding authority shall assume direct responsibility for maintaining police detail records, receiving invoices from, and making direct payments to those entities providing such paid details. The cost of police details shall not be included as part of the bid submitted by any offerer responding to a bid solicitation conducted in accordance with this chapter. This paragraph shall be referenced or included as part of the bid documents for public works projects.”
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An Act relative to low-embodied carbon concrete
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H3002
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HD1910
| 193
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{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T21:42:47.44'}
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[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T21:42:47.44'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-24T12:54:42.29'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-24T12:54:42.29'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-05T14:57:29.4533333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-14T15:56:15.6166667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-14T15:56:15.6166667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-06-14T15:56:15.6166667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-06-21T12:32:14.67'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-28T12:38:09.58'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-17T13:16:05.1833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-17T13:16:05.1833333'}]
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Bill
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By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3002) of Daniel Cahill for legislation to further regulate provisions in state procurement contracts involving the use of low embodied carbon concrete. State Administration and Regulatory Oversight.
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SECTION 1. For the purposes of this act, the following terms shall have the following meaning:
(i)“concrete” shall mean structural and non-structural masonry, precast and ready mixed concrete building and construction materials.
(ii)“concrete mix” shall mean a specific combination of components including water, cement aggregate and other materials which are used to produce concrete products
(iii)"Environmental product declaration" (EPD) shall mean product specific Type Ill EPDs that conform to ISO Standard 14025 and enable the numeric GWP and environmental impact comparisons between concrete mixes fulfilling the same functions.
(iv)"Global warming potential" (GWP) shall mean a numeric value that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks, provided that results from the production and/or utilization outside Massachusetts shall be prohibited from inclusion in Lower carbon concrete green procurement specifications.
(v)“low embodied carbon concrete” shall mean concrete that has been verified to embody lower carbon emissions compared to the baseline embodied carbon emissions of conventional concrete.
(vi)“Low carbon concrete producer incentives” shall mean financial inducements offered to private concrete manufacturers and/or contractors to encourage the incorporation of lower carbon concrete materials and methods in concrete products procured by state agencies. Producer incentives include but are not limited to i.) bid discounts applied to offeror prices for concrete materials included in proposals for state projects, and ii. monetary performance bonuses that are awarded to concrete manufacturers that produce and deliver concrete products for state projects that have been verified to attain exceptionally low levels of embodied carbon.
(vii)“lower carbon emissions” shall be defined by the Division of Capital Asset Management and Maintenance (DCAMM) with input from the stakeholder advisory group established in Section 2, subsection A 3(a) of this bill.
(viii)"Performance based specification" shall mean a contract provision that requires that a structural material achieve specified performance outcomes from the use of the structural material, including, but not limited to, outcomes related to the strength, durability, permeability, or other attributes related to the function of the building material for applied uses, as opposed to requiring that a structural material be produced using a specific prescribed manufacturing process, design features, technologies, or proportions of constituent materials.
SECTION 2. State contract law is amended in Massachusetts Building Code CMR 780, Chapter 81 and Chapter 90 by adding a new section
Section ___A to read as follows:
Subsection A. Contracts involving low embodied carbon concrete.
1. Any state or local contract for low embodied carbon concrete shall include provisions regarding contractor, subcontractor and worker product certification as follows:
(a) contractors and subcontractors doing work involving low embodied carbon concrete shall certify that all work completed or utilized on projects meets the minimum standards established under this section by the Division of Capital Asset Management and Maintenance (DCAMM)
2. Any certifications required by this section shall be kept current for the duration of all contracts. The Contractor shall issue periodic test reports to the Division from a laboratory certified to evaluate low embodied carbon concrete. The Contractor shall report any changes to the Division.
3. (a) the office of the Division of Capital Asset Management and Maintenance, in consultation with the Department of Energy Resources, shall establish guidelines requiring the procurement of low embodied carbon concrete on projects deemed appropriate by such office. Such guidelines shall implement a process with minimum standards for contractors and subcontractors to file with the contracting agency upon completion of a project. When establishing guidelines related to low embodied carbon concrete, the office of the Division of Capital Asset Management and Maintenance shall consider industry standards. The Division, in conjunction with the Department of Energy Resources shall establish a stakeholder advisory group appointed by the commissioner of the Division of Capital Asset Management and Maintenance consisting of: (i) two licensed professional engineers; (ii) two licensed registered architects; (iii) two representatives of the construction industry; (iv) two representatives of the concrete testing and validation industry; (v) two representatives of an accredited school of civil engineering; (vi) one representative from the Massachusetts Clean Energy Center (MassCEC); and (vii) one representative each from the executive office of transportation, the executive office of housing and community development, the department of energy resources, and the department of environmental protection.
(b) the office of the Division of Capital Asset Management and Maintenance shall consult with any relevant associations that set industry standards for the procurement of low embodied carbon concrete and shall consult with affected contractors and subcontractors to consider environmental impact as well as the impact on public health and safety.
(d) the office of the Division of Capital Asset Management and Maintenance shall create a licensure process and establish a fee schedule for certification of low embodied carbon concrete.
4. The office of the Division of Capital Asset Management and Maintenance shall also examine i. the use of incentives, including bid credits and performance bonuses to encourage the usage and innovation of low embodied carbon concrete on state agency projects; ii. the application of performance-based specification standards for concrete procured by state agencies; iii.the implementation of expedited Department of Transportation (DOT) evaluation, testing, and approval protocols for lower carbon concrete materials and methods; iv. the implementation of mandatory maximum global warming potential thresholds for concrete procured by state agencies; the utilization of environmental product declarations and/or other methodologies and tools that quantify the climate and environmental impact of materials, including but not limited to global warming potential.
5. In addition, the office of the Division of Capital Asset Management and Maintenance shall also examine the use of implementing standards for performance-based specification, including but not limited to requirements that a structural material achieves specified performance-based outcomes from the use of the structural material, including but not limited to, outcomes related to strength, durability, permeability or other attributes related to the function of the building material for applied uses, as opposed to requiring that a structural material be produced using a specified manufacturer process, design features, technologies, or proportion of materials. The office of the Division of Capital Asset Management and Maintenance shall examine the use of methods of compliance, including, but not limited to, maximum cement content specifications and specifications based on maximum potential to impact for global warming.
6. The commissioner of the Division of Capital Asset Management and Maintenance in consultation with the Department of Transportation and the stakeholder advisory group established in subdivision three of this section, shall examine the use of an expedited product evaluation protocol for low embodied carbon concrete products.
7. The guidelines established pursuant to this section as well as any recommendations for subsequent legislative action resulting from examining the use of incentives related to bid credits shall be submitted to the governor, the president of the senate, the speaker of the House, the Transportation Committee and the Committee on Telecommunications, Utilities, and Energy, the Housing Committee and the Committees on Ways and Means within thirty days of the issuance of such guidelines or within one year from the effective date of this section, whichever may come sooner.
SECTION 3. Whereas, the deferred operation of this act would tend to defeat its purpose, which is to establish standards for low embodied carbon contracts to assist to combat climate change, 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 ensuring equitable representation in the Commonwealth
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H3003
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HD2864
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T15:33:17.973'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T15:33:17.9733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-31T10:57:24.5'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-20T14:09:19.4'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:36:50.5666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-07-11T14:19:13.9466667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-07-11T13:10:58.6166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:28:22.33'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:33:41.2966667'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-01-23T16:11:37.91'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-08T15:34:06.2633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:19:19.2633333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T11:40:28.3833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:46:38.3566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T10:10:10.5633333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:18:48.2266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-16T09:19:11.9466667'}]
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T15:33:17.973'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3003/DocumentHistoryActions
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Bill
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By Representative Chan of Quincy and Senator Eldridge, a joint petition (accompanied by bill, House, No. 3003) of Tackey Chan, James B. Eldridge and others for legislation to require that government agencies make certain demographic data available to the public. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 104 the following section:-
Section 105.
For the purposes of this section “government agency” shall be defined as any state agency, quasi-state agency, sub-divisions of a state agency, or board, commission or entity created by the Commonwealth of Massachusetts.
Every government agency that collects demographic data as to the race or ethnicity of residents of the Commonwealth of Massachusetts, shall use separate collection and tabulations for the following: (i) each major Asian group, as reported by the United States Census Bureau, including but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Laotian, Cambodian, Bangladeshi, Hmong, Indonesian, Malaysian, Pakistani, Sri Lankan, Taiwanese, Nepalese, Burmese, Tibetan, and Thai; (ii) each major Pacific Islander group, as reported by the United States Census Bureau, including but not limited to, Native Hawaiian, Guamanian, Samoan, Fijian and Tongan; (iii) other Asian or Pacific Islander group; (iv) each major Black or African American group, as reported by the United States Census Bureau, including but not limited to African American, Jamaican, Haitian, Nigerian, Ethiopian, Cape Verdean, and Somali; (v) each major Latino group, as reported by the United States Census Bureau, including but not limited to, Mexican, Puerto Rican, Cuban, Salvadoran, Dominican and Colombian; and (vi) each major White or Caucasian group, as reported by the United States Census Bureau, including but not limited to, German, Irish, English, Italian, Polish, Portuguese, and French. Individuals may choose more than one subgroup, write in their own, or choose the aggregate category. If collection of data on race or ethnicity was not previously conducted or required then the information in this section shall not apply. Individuals not participating in this data collection shall not be denied services. No government agency shall fill out racial or ethnic information unless directed by the individual.
Except for Personal Identifying Information, which shall be deemed confidential, each government agency shall make the data available to the public in accordance with state and federal law. Personal Identifying Information is defined as information: (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code) or (ii) by which an agency intends to identify specific individuals in conjunction with other data elements, which shall include indirect identification which can compile an identity, such as a combination of gender, race, birth date, geographic indicator, and other descriptors. Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information. This information can be maintained in either paper, electronic or other media. To prevent identification of individuals, the information may be aggregated into data categories at a state, county, city, census tract, or ZIP code to facilitate comparisons, identify disparities, and be part of studies and reports. This paragraph shall not be construed to prevent any other government agency from posting data collected on the agency’s website, in a manner prescribed in this section.
The Executive Office of Administration and Finance shall establish regulations and guidelines on the collection of demographic data, which may include a standardized form for information collection, expanding the categories of race or ethnicity, a standard format for agencies to make data publicly available and to update said data on an annual basis, a method to ensure no personal identifying information is publically released, a standardized written disclosure to the individual filling the form out that this information collected is voluntary, nonparticipation of completing the form will have no impact of eligibility on state services, annual cost impact and annual review on the successfulness of collecting information. There shall at least be one annual public hearing about the implementation or changes in the regulations and guidelines. A report on the progress of data collection shall be provided to the House and Senate Clerks and the Joint Committee on State Administration and Regulatory Oversight every August 1st of each year.
All data collected by the state shall be subject to both state and federal privacy laws; including Title 13 of the U.S. Code and Massachusetts General Laws Chapter 93H, Section 2(c).
SECTION 2. Paragraph 4 of Section 1 shall go into effect on January 1, 2024. The remainder of the act shall go into effect on January 1, 2025.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to making Election Day a state holiday
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H3004
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HD1619
| 193
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{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T14:53:52.18'}
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[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T14:53:52.18'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-24T16:18:09.6766667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:46:45.3466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T10:53:34.96'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T19:13:40.1366667'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-03-22T13:53:47.5066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T13:48:15.7533333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:46:41.77'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T10:23:45.7166667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-16T16:06:41.8666667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-23T09:27:12.7966667'}]
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Bill
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By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3004) of Tackey Chan and others relative to making Presidential election days state holidays. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “October”, in line 92, the following words:- “the day in November in any year in which presidential electors are to be elected.”
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An Act banning hostile architecture targeting unhoused individuals
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H3005
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HD589
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:07:57.56'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:07:57.56'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-18T14:09:31.46'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T11:51:36.7966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:18:31.1133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:07:34.2566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3005/DocumentHistoryActions
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Bill
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By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 3005) of Mike Connolly and others for legislation to prohibit the construction of publicly accessible buildings or structures designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 40 of the General Laws is hereby amended by adding the following section:-
Section 70. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.
(b) A municipality shall not install or construct hostile architecture in any publicly accessible building or on publicly accessible real property owned by or under the control of the municipality.
SECTION 2. Chapter 7C of the General Laws is hereby amended by adding the following section:-
Section 73. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.
(b) The commissioner shall not install or construct hostile architecture in any publicly accessible capital facility or on publicly accessible real property under the commissioner’s control or supervision.
SECTION 3. Chapter 161A of the General Laws is hereby amended by adding the following section:-
Section 53. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.
(b) The authority shall not install or construct hostile architecture in any publicly accessible mass transportation facilities under the authority’s control or supervision.
SECTION 4. Chapter 265 of the General Laws is hereby amended by adding the following section:-
Section 73. (a) For purposes of this section, the term “Hostile architecture” shall, unless the context clearly requires otherwise, mean any building or structure that is designed or intended to prevent unhoused individuals from sitting or lying on the building or structure at street level; provided, that hostile architecture shall not include design elements intended to prevent individuals from skateboarding or rollerblading or to prevent vehicles from entering certain areas.
(b) Whoever installs or constructs hostile architecture on any publicly accessible real property shall be punished by a fine of not more than $500 for each day in violation of this section.
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An Act authorizing the reorientation of the parcel of land occupied by Riverside Boat Club of Cambridge
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H3006
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HD3866
| 193
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{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T14:59:00.56'}
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[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T14:59:00.56'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T13:56:51.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3006/DocumentHistoryActions
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Bill
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By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 3006) of Mike Connolly and Sal N. DiDomenico relative to authorizing the commissioner of the Division of Capital Asset Management and Maintenance to reorient a certain parcel of land occupied by Riverside Boat Club of Cambridge. State Administration and Regulatory Oversight.
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The commissioner of capital asset management and maintenance, in accordance with Chapter 65 of the Acts of 2010, and in consultation with the commissioner of conservation and recreation, and notwithstanding Chapter 274 of the Acts of 2022, shall lease or enter into other agreements with Riverside Boat Club of Cambridge, a reconfigured parcel of land of the same size for the continued operation of its historical rowing program and boathouse as more particularly described on a plan entitled “Plan Showing Reoriented Boundary for Riverside Boat Club of Cambridge”, revised December 12, 2022, and prepared by Oak Engineers, and shall include appurtenant rights of access from adjoining public roadways. The commissioner of capital asset management and maintenance may make minor revisions to the plan for said parcel of land and may sign said leases or other agreement in accordance with provisions of said Chapter 65.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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[]
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An Act requiring a prevailing wage for the construction of certain parking facilities to be capable of supporting electric vehicle charging stations
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H3007
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HD2279
| 193
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{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-19T12:03:58.98'}
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[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-19T12:03:58.98'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3007/DocumentHistoryActions
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Bill
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By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 3007) of Edward F. Coppinger relative to requiring prevailing wages for the construction of certain parking facilities to be capable of supporting electric vehicle charging stations. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 25A of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting after section 16 the following new section:-
Section 16A. (a) For the purposes of this section, the term “construction project” shall mean any construction project performed under private contract that receives state funding.
(b) Any construction project undertaken in the commonwealth where the scope of such project includes a parking garage, open parking lot, or other parking facility that offers between fifty and two hundred parking spaces shall be capable of supporting electric vehicle charging stations for a minimum of ten percent of available parking spaces through an electrical raceway to the electric supply panel serving such parking garage, open parking lot, or other parking facility that shall be capable of providing a minimum of forty amperes and two hundred and eight volts of electrical capacity to each charging station connected to the raceway. Such raceway and all components and work appurtenant thereto shall be in accordance with the Massachusetts Electrical Code and the state building code.
(c) Any construction project undertaken in this state where the scope of such project includes a parking garage, open parking lot, or other parking facility that offers more than two hundred parking spaces shall be capable of supporting electric vehicle charging stations for a minimum of twenty percent of available parking spaces through an electrical raceway to the electric supply panel serving such parking garage, open parking lot, or other parking facility that shall be capable of providing a minimum of forty amps and two hundred eight volts of electrical capacity to each charging station connected to the raceway. Such raceway and all components and work appurtenant thereto shall be in accordance with all applicable state, city and municipal electrical codes.
(d) Nothing in this section shall require the installation of electric vehicle charging stations in any parking garage, open parking lot or other parking facility.
(e) Any public construction project undertaken pursuant to chapter 149 shall be subject to a per hour wage rate not less than the rate or rates to be determined by the commissioner pursuant to section 26 of said chapter 149; provided, further, that the wages paid to laborers on said public works shall not be less than those paid to laborers in the municipal service of the town or towns where said parking garage, open parking lot other parking facility is being constructed.
(f) All construction, reconstruction, alteration, installation, demolition, maintenance, or repair shall be subject to sections 26 to 27F, inclusive, of chapter 149. The owner, department or authorizing entity shall request rates and updates from the division of labor standards for these projects.
SECTION 2. This act shall take effect upon its passage and shall apply to all contracts for public construction projects entered into on and after such date.
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An Act to study a post-conviction evidence retention facility
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H3008
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HD1440
| 193
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{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:51:02.403'}
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[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:51:02.4033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3008/DocumentHistoryActions
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Bill
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By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 3008) of Mark J. Cusack for legislation to authorize the Division of Capital Asset Management and Maintenance to complete a feasibility study and report regarding the costs and benefits of constructing or leasing a post-conviction evidence retention facility in the Commonwealth. State Administration and Regulatory Oversight.
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The Division of Capital Asset Management and Maintenance is, within ninety days of the passage of this bill, authorized and directed to complete a feasibility study and report regarding the costs and benefits of constructing or leasing a post-conviction evidence retention facility in Massachusetts.
In undertaking such study and completing said report, the Division shall consider the possible multi-state utilization of such a facility, proximity to existing public safety or law enforcement lab facilities, space for future expansion, privacy and security concerns, geographic convenience, highway access, availability of town water and town sewer service, estimated potential savings to the cities and towns of the Commonwealth, the advancement of criminal justice in the Commonwealth, and such other matters as the Division deems helpful to the timely completion of its report.
In conducting the study and in preparation of its report, the Division shall consult with the Supreme Judicial Court, state or local bar associations, the Mass. Association of Criminal Defense Attorneys, the District Attorneys of the Commonwealth, the Executive Office of Public Safety, and the Mass. Municipal Association.
The Division shall file its report with the offices of the Senate President and the Speaker of the House, the legislative Committees on State Administration, the Judiciary, Bonding and Long-Term Debt, and the House and Senate Committees on Ways and Means.
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An Act creating a workforce skills cabinet supporting pathways to success
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H3009
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HD3377
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T11:24:11.603'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T11:24:11.6033333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T12:16:36.93'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:09:05.58'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-22T15:12:09.9033333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T13:18:53.4633333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T14:20:03.8833333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-22T10:44:44'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:24:19.7133333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-13T10:59:59.85'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:23:21.3366667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-21T08:29:21.66'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-02-17T11:05:13.2466667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:25:40.3066667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-08T09:59:59.2133333'}]
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-20T11:24:23.373'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3009/DocumentHistoryActions
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Bill
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By Representatives Cutler of Pembroke and Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 3009) of Josh S. Cutler, Kate Lipper-Garabedian and others for legislation to establish a workforce skills cabinet to serve as a cross-agency governance structure to improve and expand workforce skills and college and career readiness. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General laws, as appearing in the 2018 official edition, is hereby amended by inserting, after Section 17A, the following section:-
“Section 17B. (a) There is hereby established within the Office of the Governor a Workforce Skills Cabinet, hereinafter referred to as the “Cabinet,” to serve as a cross-agency governance structure for the purpose of advising the Governor and relevant Executive Branch agencies as well as the General Court, and aligning the programs and policies of the Executive Offices of Labor and Workforce Development, Education and Housing and Economic Development to improve and expand workforce skills and college and career readiness to meet the varying current and future needs of the Commonwealth and its regions.
(b) The Cabinet shall consist of: the secretary of the executive office of education; the secretary of the executive office of labor and workforce development; the secretary of the executive office of housing and economic development; the commissioner of the department of elementary and secondary education; the commissioner of the department of higher education; the chairperson of the workforce development board established by section 7 of chapter 23H of the MGL; the executive director of the Massachusetts Workforce Association; three members appointed by the Governor representing business or industry who - (i) are owners of businesses, chief executive or operating officers of businesses, or other executives or employees with optimum policymaking or hiring authority; or, (ii) represent organizations that represent businesses or industries; three members appointed by the governor representing workers or labor organizations; two members appointed by the governor who represent the perspectives and interests of current or future workforce participants, including educators or the parents of school age students; and three members appointed by the governor from amongst other college and career readiness and workforce development stakeholder groups.
(c) The appointed members shall each serve three year terms at the pleasure of the governor and serve without compensation.
(d) The governor shall select an individual from amongst its membership to chair the cabinet. The chair shall serve at the pleasure of the governor.
(e) The cabinet shall meet monthly and their meetings shall be public.
(f) In addition to, and within, the general mission of the cabinet as stated in subparagraph (a), the cabinet shall:
(i) facilitate alignment, collaboration, strategic planning, and joint execution among participating state agencies, offices, and other stakeholders around the development of workforce development strategies for the Commonwealth and the expansion of college and career readiness pathways for all, with an emphasis on high school programs;
(ii) shall conduct a biennial study of all college and career pathway programs that focuses on equity of access to said programs as well as the alignment of said programs with current and future workforce needs, including recommendations on creating a process to phase out programs that are not aligned;
(iii) shall develop and release an annual report on the state’s top current and future labor market needs;
(iv) shall oversee the improvement of data collection and reporting on pathways programs by facilitating data linkages between agencies, creating mechanisms to analyze meaningful growth data by specific pathways programs, and building new public-facing data tools;
(v) shall advise the departments of elementary and secondary education and higher education with regard to student acquisition of the employability skills that should be achieved in their preparation for career success; and,
(vi) shall submit an annual report to the chairs of the house and senate committees on ways and means, the chairs of the joint education committee, and the chairs of the joint committee on higher education detailing the Cabinet’s work over the past year.
(g) The cabinet shall be staffed by a full time Executive Director who shall be an employee of the office of the governor, selected in consultation with the cabinet.
(h) The cabinet shall have the ability to receive funding to hire additional technical and administrative staff, to award contracts and grants, and to take actions necessary to fulfilling its responsibilities stated herein or as otherwise assigned by the governor.
SECTION 2. (a) The workforce skills cabinet created, in SECTION 1, shall be charged with developing a set of strategic goals for the Commonwealth, its agencies and education and training institutions, in coordination with the governor’s office and in consultation with the department of elementary and secondary education, regarding the expansion of college and career pathway programs for students that enhance and improve the likelihood of successful outcomes for high school graduates in college and career endeavors. The goals shall include the achievement of universal access for all of the state’s high school students to said pathway programs, which shall include, but not be limited to, Early College programs, vocational/technical education programs, Innovation Pathway programs, STEM-Tech Academies, and other similar programs and courses of study. The cabinet will include, in its consideration of the establishment of said goals, that each pathway program should contain at least one, or more, of the following elements:
(i) the ability of students to earn college credit while in high school;
(ii) the ability of students to earn industry recognized credentials in high school;
(iii) the ability of students to participate in a meaningful and relevant work-based learning experience while in high school; and,
(iv) the ability of students to receive dedicated career counseling while in high school.
(b) The cabinet will develop, in consultation with the governor’s office and the departments of elementary and secondary education and higher education, a plan for the achievement of the goals established in accord with subsection (a) that includes strategies to be implemented, timelines for meeting interim outcomes and final outcome, resources to be allocated, and any other consideration, including an accounting of the persistent inequities inherent in not achieving said goals. The cabinet will report annually on its progress and that of the Commonwealth and its agencies in achieving universal student access to student learning pathways and establish milestone outcomes toward that achievement whose progress will be reported on as part of its annual reporting.
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An Act providing safe homes for all
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H301
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HD1991
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-18T17:56:24.063'}
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[{'Id': None, 'Name': 'Edward Sullivan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T17:56:24.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H301/DocumentHistoryActions
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Bill
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By Representative Garlick of Needham (by request), a petition (accompanied by bill, House, No. 301) of Edward Sullivan relative to providing for implied warranties of habitability to purchasers of certain renovated houses or condominiums. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 93A of the General Laws is hereby amended by adding the following section:
Section 12. (a) Every licensed building contractor who renovates or remodels a house or condominium that they own and later sell in the Commonwealth of Massachusetts shall be deemed to have made an Implied Warranty of Habitability to the purchaser of the property.
(b) The Implied Warranty of Habitability shall be deemed to be a part of every such contract and shall be enforceable by the purchaser of the property, regardless of whether the warranty is expressly set forth in the contract.
(c) The Implied Warranty of Habitability shall require the licensed building contractor to renovate or remodel the property in a manner that is fit for human habitation and complies with all applicable building codes and regulations, just as builder/vendors of new houses and condominiums and landlords are required to do.
(d) The Implied Warranty of Habitability shall apply for three years from date of sale of the renovated/remodeled house or condominium by the Commonwealth licensed contractor. No parties involved in the transaction have the power to void or overlook this warranty.
(e) Any licensed building contractor who breaches the Implied Warranty of Habitability shall be liable to the purchaser of the property for all damages arising from the breach, including, but not limited to, damages for personal injury, property damage, and consequential damages.
(f) The remedies provided for in this section shall be in addition to any other remedies available to the purchaser of the property under the law, including, but not limited to, the provisions of Chapter 93A.
(g) The Legislature 6-year “statute of repose” defense for Chapter 93A if licensed home improvement contractors who do not obtain the required inspections and permits on properties they renovate and later sell to 6-year from date of sale. Otherwise, there is no reasonable way to discover dangerous electrical, gas or structural that are hidden behind walls or ceilings nor to determine the actual date of the renovation/remodeling occurred since there is no record. A date of sale could easily be established from the Registry of Deeds.
There would be no change to the 6-year “statute of repose for contractors who properly obtained the required inspections and permits.
SECTION 2. This act shall take effect upon its passage.
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An Act reducing certificate of organization fees for limited liability companies
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H3010
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HD69
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:24:43.9'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:24:43.9'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:28:59.2333333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T12:54:38.8033333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-06T09:08:22.98'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:16:06.63'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-23T15:48:29.9533333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T12:54:13.19'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T16:26:03.18'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:47:14.42'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T11:26:57.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3010/DocumentHistoryActions
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 3010) of Josh S. Cutler and others relative to reducing certificate of organization fees for limited liability companies. State Administration and Regulatory Oversight.
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Section 12 of chapter 156C of the General Laws, as so appearing, is hereby amended by striking out, in line 42, the words "five hundred dollars" and inserting in place thereof the following figure:- $250.
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An Act reducing filing fees for single member LLCs
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H3011
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HD70
| 193
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{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:24:12.577'}
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[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:24:12.5766667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-17T14:46:44.51'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:29:10.8133333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T12:55:55.0966667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-06T09:09:28.2066667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:16:26.0166667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-23T15:48:03.0566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-16T12:54:40.1366667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:43:45.59'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T16:26:36.8966667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T11:27:16.3433333'}]
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Bill
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By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 3011) of Josh S. Cutler and others relative to filing fees for limited liability companies. State Administration and Regulatory Oversight.
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SECTION 12 of chapter 156C, as so appearing, is hereby amended by striking subsection (d) of paragraph (9) and inserting in place thereof the following:
The fee for the filing of the certificate of organization required by subsection (a) shall be five hundred dollars. The fee for the filing of the annual report required by subsection (c) shall be two hundred and fifty dollars for any such limited liability company with a single member; or five hundred dollars for any other such limited liability company. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.
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An Act authorizing project labor agreements
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H3012
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HD3674
| 193
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T08:49:57.647'}
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[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T08:49:57.6466667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-13T16:24:42.35'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T11:57:51.6033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-05-31T16:29:29.9833333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-05-31T16:29:29.9833333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-05-31T16:29:29.9833333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-05-31T16:29:29.9833333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-05-31T16:29:29.9833333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-06-01T09:05:02.6'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-06-28T21:11:59.7566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-28T21:11:59.7566667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-28T21:11:59.7566667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-28T21:11:59.7566667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-02T12:39:32.5066667'}]
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Bill
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By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3012) of Marjorie C. Decker relative to infrastructure projects and public building construction contractors and subcontractors. State Administration and Regulatory Oversight.
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SECTION 1. Preamble.
The public works and buildings of the Commonwealth and its political subdivisions require rapid and substantial investment to strengthen and secure Massachusetts’s long term economic development. The construction of any major infrastructure project and/or public building is not without risk; any significant delay in starting and completing construction may result in substantially increased project costs and a disruption of critical public services.
Because construction is a highly skilled, labor-intensive industry, the craft labor supplied to a project can undermine or even cripple the construction process if supply is inadequate or workers lack required skills and training. For nearly a century, project labor agreements, have had a long, successful track record in both the public and private sectors for promoting successful project delivery, protecting capital investments and offsetting project risks by providing a unique access to a reliable supply of qualified craft labor. These advantages have become paramount in recent years due to acute, persistent craft labor shortages, which are challenging construction programs across the country.
Project labor agreements are a project delivery tool and may only be used only in the construction industry. They are beneficial because they: (a) include legally enforceable provisions to prevent disputes that can delay projects; (b) establish uniform terms and conditions of employment, which foster project stability; and (c) permit the efficient integration of work schedules among multiple contractors, subcontractors and building trade unions. As a result, these agreements promote the interests of project owners, contracting firms and labor organizations, enhancing labor peace and ensuring project delivery.
The benefits project labor agreements provide have been cited in numerous decisions upholding their use on public projects, including those issued by United States Supreme Court and Massachusetts Supreme Judicial Court, and documented in research reports by government entities and universities. See, Bldg. & Constr. Trades Council of the Metro. Dist. v. Associated Builders & Contractors of Mass./R.l. Inc., 507 U.S. 218 (1993) ("Boston Harbor"); John T. Callahan & Sons, Inc., et al v. City of Malden, 430 Mass. 124 (SJC, 1999); Massachusetts Special Commission, Report on the Use of Project Labor Agreements in Road, Bridge and Rail Projects: Analysis and Key Findings (2014), Fred Kotler, Cornell Univ. Sch. Of Indus. & Lab. Rels., Project Labor Agreements In New York State: In the Public Interest and Of Proven Value (2011).
Due to their effectiveness as a project delivery tool, project labor agreements have been used for decades by the federal government, many states, including Massachusetts, Rhode Island, Connecticut and New York, and major private corporations in various economic sectors. Reliance on these agreements is expected to further expand due to a 2021 Presidential Executive Order requiring these agreements on federal public works projects, as well as related policies promoting their use for publicly assisted construction programs. Given the necessity of rapidly improving Massachusetts’s public works and buildings to its development, and the proven benefits of the project labor agreement model and consistency with the goals of G.L. c. 149, 149A, and 30, the legislature herein amends the General Laws:
SECTION 2. Chapter 30 of the General Laws is hereby amended by adding the following section:-
Section 39U. (a) Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
(i) the efficiency, cost and direct and indirect economic benefits to the public agency;
(ii) the availability of a sufficient supply of skilled, qualified workers to complete the project;
(iii) the timing, prevention of delays or disruptions to the construction process;
(iv) the safety and quality of the public construction project;
(v) the ability of public agencies to ensure that all contractors and subcontractors are responsible, eligible construction firms under Section 44A(1) of chapter 149;
(vi) the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
(vii) the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
(viii) the advancement of minority and women-owned contracting businesses; and
(ix) the promotion of employment and training opportunities for women, minority workers, and veterans.
(b) Nothing in this section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
(c) A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
(d) Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
(i) require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
(ii) allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
(iii) establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
(iv) set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
(v) contain guarantees against strikes, lockouts, and similar job disruptions;
(vi) incorporate goals for the percentage of apprentice hours to be employed on the project;
(vii) incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
(viii) authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
(ix) establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 3. Section 1 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “standards.”, in line 9, the following words:-
“Awarding authority”, the commonwealth, or any political subdivision, department, agency, board, commission, authority, or other instrumentality thereof, or any county, city, town, or district. To the extent not otherwise prohibited, this definition includes public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962.
SECTION 4. Said section 1 of said chapter 149, as so appearing, is hereby further amended by inserting after the word “standards.”, in line 20, the following words:-
“Construction”, the construction, reconstruction, installation, demolition, maintenance or repair of public works or a building project.
SECTION 5. Said section 1 of said chapter 149, as so appearing, is hereby further amended by inserting after the word “steel.”, in line 77, the following words:-
“Labor organization”, a labor organization as defined in 29 U.S.C. 152(5) of the National Labor Relations Act of which building and construction employees are members.
“Lead construction firm” means the entity that executes a construction contract with the public agency, whether a general contractor, contractor principal, trade contractor, construction manager, design builder or other entity.
SECTION 6. Said section 1 of said chapter 149, as so appearing, is hereby further amended by inserting after the word “employment.”, in line 92, the following words:-
“Project labor agreement” means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f) of the National Labor Relations Act.
SECTION 7. Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 44N. (a) Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
(i) the efficiency, cost and direct and indirect economic benefits to the public agency;
(ii) the availability of a sufficient supply of skilled, qualified workers to complete the project;
(iii) the timing, prevention of delays or disruptions to the construction process;
(iv) the safety and quality of the public construction project;
(v) the ability of public agencies to ensure that all contractors and subcontractors are responsible, eligible construction firms under Section 44A(1) of this chapter;
(vi) the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
(vii) the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
(viii) the advancement of minority and women-owned contracting businesses; and
(ix) the promotion of employment and training opportunities for women, minority workers, and veterans.
(b) Nothing in this section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
(c) A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
(d) Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
(i) require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
(ii) allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
(iii) establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
(iv) set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
(v) contain guarantees against strikes, lockouts, and similar job disruptions;
(vi) incorporate goals for the percentage of apprentice hours to be employed on the project;
(vii) incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
(viii) authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
(ix) establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 8. Chapter 149A of the General Laws is hereby amended by adding the following section:-
Section 22. (a) Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
(i) the efficiency, cost and direct and indirect economic benefits to the public agency;
(ii) the availability of a sufficient supply of skilled, qualified workers to complete the project;
(iii) the timing, prevention of delays or disruptions to the construction process;
(iv) the safety and quality of the public construction project;
(v) the ability of public agencies to ensure that a sufficient compliment contractors and sub-contractors meet the prequalification standards and requirements of section 8 of this chapter;
(vi) the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
(vii) the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
(viii) the advancement of minority and women-owned contracting businesses; and
the promotion of employment and training opportunities for women, minority workers, and veterans.
(b) Nothing in this section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
(c) A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
(d) Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
(i) require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
(ii) allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
(iii) establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
(iv) set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
(v) contain guarantees against strikes, lockouts, and similar job disruptions;
(vi) incorporate goals for the percentage of apprentice hours to be employed on the project;
(vii) incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
(viii) authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
(ix) establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 9. Nothing in this act shall limit publicly assisted projects from using project labor agreements.
SECTION 10. The provisions of this act are severable. If any provision is determined to be invalid, the remainder of this act shall remain in full force and effect.
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An Act directing the superintendent of state office buildings to install a permanent memorial in the Massachusetts State House in honor of Mercy Otis Warren
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H3013
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HD2498
| 193
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{'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-17T16:27:03.667'}
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[{'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-17T16:27:03.6666667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-17T17:59:40.4766667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-08T13:52:58.1566667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T06:57:25.9233333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-04-03T21:13:04.8233333'}]
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T13:04:14.093'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3013/DocumentHistoryActions
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Bill
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By Representative Diggs of Barnstable and Senator Cyr, a joint petition (accompanied by bill, House, No. 3013) of Kip A. Diggs, Julian Cyr and others that the Superintendent of State Office Buildings be authorized to install a permanent memorial in the State House in honor of Mercy Otis Warren. State Administration and Regulatory Oversight.
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The superintendent of state office buildings shall, subject to the approval of the State House Art Commission as to size and content, install and maintain in a conspicuous place of the Art Commission’s choosing in the State House, a memorial honoring Mercy Otis Warren, of Barnstable, Massachusetts, a leading author, playwright, satirist, and patriot in colonial Massachusetts, whose essays contributed to the creation of the Constitution’s Bill of Rights, and whose book, History of the Rise, Progress, and Termination of the American Revolution became this country's first published history of the American Revolution. Said memorial shall be the gift of Cape Cod artist David Lewis who will bear all costs associated with the creation, transportation, and installation of the artwork.
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An Act to promote public participation in public meetings
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H3014
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HD696
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{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-17T10:30:23.247'}
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[{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-17T10:30:23.26'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-03-07T15:18:20.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3014/DocumentHistoryActions
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Bill
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By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 3014) of Carol A. Doherty and Patricia A. Haddad for legislation to promote public participation in public meetings. State Administration and Regulatory Oversight.
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Section 1. Section 20(a) of Chapter 30A of the General Laws, as appearing in the 2020 Official Edition is hereby amended by, in line 2, after the words “the public” the following:- “, and shall make provision for the inclusion of public comments.”
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An Act to promote budget transparency and the public’s right to know
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H3015
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HD2212
| 193
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{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-19T11:29:07.553'}
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[{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-19T11:29:07.5533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T12:14:29.1'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-19T13:24:28.5166667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-27T23:22:15.6'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-27T23:21:54.1166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-27T23:21:46.3666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-05T10:28:32.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3015/DocumentHistoryActions
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Bill
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By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 3015) of Carol A. Doherty and others that the website of the Secretary of the Commonwealth contain the total amount of income tax paid by residents of the Commonwealth to the federal government and the percent of those dollars appropriated for certain discretionary spending. State Administration and Regulatory Oversight.
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Section 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 79. The treasurer, in coordination with the secretary of the commonwealth, shall provide a short summary each year to be published on the Secretary of the Commonwealth’s website by March 15, which reports the total amount of income tax paid by Massachusetts residents to the federal government in the prior year, together with the percent of those dollars appropriated in the prior year’s Congressional discretionary budget to housing, education, healthcare, public transit, biomedical research, veterans services, food stamps and assistance, environmental protection, and defense spending, including nuclear weapons. The summary shall include this information in the form of a pie chart or bar graph, and using the budget numbers reported by the federal Congressional Budget Office. The summary shall also include information noting that Medicare and Social Security programs are financed as trust funds and are not financed through income taxes.
The summary shall also include a report on the Commonwealth’s annual budget for the prior fiscal year. The report shall communicate the percent of the budget allocated to housing, education, healthcare, public transit, criminal justice, veterans services, food stamps and assistance, environmental protection, and conservation and recreation. The report shall also include the contribution of federal funds being returned to Massachusetts in those categories. The report shall include this information in the form of a pie chart or bar graph.
The information required under this section may be acquired from any nonpartisan, third-party organization that regularly compiles such data; provided further, there may be an agreement with such an organization to produce the report.
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Resolutions establishing the annual observance of COVID-19 Remembrance Day
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H3016
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HD3821
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:39:54.477'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T14:39:54.4766667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T14:41:43.79'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-23T14:06:40.59'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-13T11:39:19.3666667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-06T15:39:55.72'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-03T15:49:28.9633333'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-02-23T08:25:48.7933333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-20T16:35:53.6166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T08:44:32.17'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-30T16:20:43.0066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-21T18:35:54.0566667'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-05-18T16:31:16.64'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T09:44:37.8033333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-04-04T15:22:00.52'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:45:18.36'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-01T12:44:13.8633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T11:53:06.47'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T12:04:00.2433333'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-02-03T12:37:01.8866667'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-01T11:37:32.0566667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-10T19:18:05.65'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T11:07:17.27'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-27T15:33:19.3933333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-16T10:54:36.9033333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-03-13T15:02:00.6466667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:25:36.5'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:38:52.0933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-05T09:50:12.39'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-06T16:19:48.6566667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-25T17:16:12.5933333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-24T14:50:07.7566667'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-02-01T11:03:16.5033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-19T16:35:56.97'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T09:02:56.8566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-13T10:06:55.85'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T13:58:47.2966667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-06T09:30:52.97'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-30T10:02:20.8233333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-13T12:12:53.8733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-09T12:24:32.8666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-02T17:21:24.2833333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-30T10:27:44.4666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T15:23:57.0633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-03T09:47:08.11'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-06T14:37:18.9366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:35:52.67'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-03-24T13:19:23'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-03-01T14:39:47.2733333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T10:18:17.4533333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-21T10:23:18.7633333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-02-16T09:13:17.3833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-04T10:59:05.7633333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:20:47.1266667'}]
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{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T14:39:54.477'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3016/DocumentHistoryActions
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Resolution
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By Representatives Domb of Amherst and Blais of Deerfield, a petition (accompanied by resolutions, House, No. 3016) of Mindy Domb, Natalie M. Blais and others for the annual issuance of a proclamation by the Governor designating the first Monday in March as COVID-19 remembrance day. State Administration and Regulatory Oversight.
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SECTION 1. The General Court hereby finds and declares that:
(i) the 2019 novel coronavirus, SARS–CoV–2, also known as COVID-19, is a deadly illness caused by a virus that can transmit from person to person;
(ii) in 2020, COVID-19 began to spread throughout the world, creating a global pandemic that has had a catastrophic impact on human life, communities in the commonwealth, communities in the United States and the United States economy;
(iii) in March 2020, communities in every state began to experience increased loss of life and families lost loved ones, friends and neighbors to the virus;
(iv) the governor declared a state of emergency in response to the virus on March 10, 2020, which was subsequently terminated on June 15, 2021;
(v) beginning in 2020, many across the commonwealth and the United States were, and continue to be, personally impacted by COVID-19, including mourning their loved ones, friends and neighbors or suffering from the long-term health implications of the virus;
(vi) as of January 2023, in the commonwealth, there have been more than 1.9 million known cases of COVID-19 and at least 21,500 people who have lost their lives as a result of COVID-19;
(vii) as of January 2023, in the United States, there have been more than 101.5 million known cases of the virus in the United States and at least 1 million people who have lost their lives as a result of COVID-19;
(vii) WHEREAS, COVID-19 has had a disproportionate impact on low-income communities and communities of color, people with disabilities, people with weakened immune systems, unhoused individuals, and those living in congregate settings, including long term care facilities, exacerbating preexisting inequities;
(viii) WHEREAS public servants, frontline and essential workers and health care professionals took selfless actions to protect their neighbors and communities and find innovative ways to provide services;
(x) WHEREAS local, state, tribal and federal government entities provided critical support to businesses, communities and the people of the commonwealth and the United States;
(xi) WHEREAS the COVID-19 pandemic continues to have an impact on the commonwealth, the United States and countries around the world; and
(xii) WHEREAS each life lost to COVID-19, each inequity brought to light and each sacrifice made shall never be forgotten.
SECTION 2. Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLLL the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart the first Monday in March as COVID-19 Remembrance Day, in recognition of those who died from 2019 novel coronavirus, also known as COVID-19, the suffering of those who contracted COVID-19 and survived but carry with them the long-term health implications of the virus, and to acknowledge the frontline and essential workers who provided services to our communities, and the selfless actions of the many residents of the commonwealth who volunteered to support their neighbors and communities during the COVID-19 pandemic including those members of the National Guard, and recommending the day be observed in an appropriate manner by the people of the commonwealth.
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An Act relative to gender identity on Massachusetts identification
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H3017
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HD3507
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T20:19:20.347'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-19T20:19:20.3466667'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T13:10:03.8433333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T13:17:43.4633333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:09:30.4566667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-26T19:20:13.5366667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T22:05:56.0933333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T13:25:40.7533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-23T19:59:20.4833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-04T10:08:05.55'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-06T11:25:22.4466667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T14:44:45.5666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:55:25.4133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:03:57.5433333'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-06-30T13:13:17.5533333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-09-12T16:44:12.6166667'}]
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{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-19T20:19:20.347'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3017/DocumentHistoryActions
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Bill
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By Representatives Domb of Amherst and Decker of Cambridge, a petition (accompanied by bill, House, No. 3017) of Mindy Domb, Marjorie C. Decker and others relative to gender identity on Massachusetts identification. State Administration and Regulatory Oversight.
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SECTION 1. Section 13 of chapter 46 of the General Laws is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X.” An “X” designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates, or by the parent or guardian of the person if the person is a minor, attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose; provided, however, that no medical or health-care related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.
(2) A person, or the parent or guardian of a person who is a minor, who is requesting a change in, or who has previously changed, the sex designation on the person’s birth record pursuant to paragraph (1) may request a change of name on the person’s birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or health-care related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(3) The department of public health may promulgate regulations to implement this subsection.
SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section 8M the following section:-
Section 8N. The registry of motor vehicles shall permit a person submitting an application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card. No documentation shall be required for such a designation.
The registrar of motor vehicles may promulgate regulations to implement this section. The registrar shall report annually on the number of people, indicated by race and ethnicity, who choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor purchase identification card, No data shall be reported that permits the identification of an individual person.
SECTION 3. The secretary of administration and finance shall develop a plan, including estimated costs and a proposed timeline for implementation, to ensure that any state form or document issued by a state agency that requires an individual to indicate the individual’s gender shall provide an opportunity for the individual to choose a gender option other than male or female; provided, however, that the secretary shall ensure that such a form or document complies with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than January 1, 2025.
SECTION 4. Agencies of the commonwealth shall take affirmative steps to inform youth and young adults of their options regarding sex and gender designations on state documents, including the “X” designation. The registry of motor vehicles, the secretary of state, and all state agencies that interact with youth or young adults in their care or provide them with legal assistance, including, but not limited to, the department of children and families, the department of youth services, the department of mental health, the committee for public counsel services and their child and family law division, shall develop and disseminate materials to inform youth and young adults of the provisions of this act, and develop processes to assist youth and young adults who wish to change their gender designation.
SECTION 5. Any person who experiences discrimination, threats, intimidation or coercion, or an attempt to discriminate, threaten, intimidate or coerce, on the basis of the gender indicated on state documents, including a person’s driver’s license, learner’s permit, identification card or liquor purchase identification card, may contact the civil rights division of the attorney general for investigation under section 11H of chapter 12 of the General Laws or any other applicable law.
SECTION 6. Section 1 shall take effect on July 1, 2024. Materials to be developed under section 4 shall be completed no later than 6 months after the effective date of this act.
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An Act requiring menstrual products in all state buildings
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H3018
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HD2913
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T14:08:32.497'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-13T14:08:32.4966667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:42:19.6'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-20T10:41:10.0266667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-17T17:25:52.76'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:44:02.0433333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-23T20:01:02.3866667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:06:50.1366667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-03T14:43:07.4333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:04:23.8033333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:23:05.8266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:25:08.8766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-26T15:10:27.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3018/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 3018) of Mindy Domb and others for legislation to require menstrual products in all state buildings. State Administration and Regulatory Oversight.
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Chapter 7C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 72, the following section:-
Section 73.
a. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Menstruating individuals,” any person who menstruates.
“Disposable menstrual products,” products used by menstruating individuals including, but not limited to, sanitary napkins, tampons, and underwear liners.
b. The department shall maintain, in all real property owned, rented or otherwise occupied by public agencies of the Commonwealth, free disposable menstrual products in both public and private restrooms for use by menstruating individuals, whether they are employees or members of the general public. Such products shall be provided at no charge. Such products shall be available in a convenient manner that does not stigmatize any persons seeking such products.
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An Act establishing gender-neutral bathrooms
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H3019
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HD3513
| 193
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-17T15:58:47.443'}
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[{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-17T15:58:47.4433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:10:23.4766667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-05-26T07:42:55.15'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-30T15:19:42.3466667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-26T18:12:37.9333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-28T10:50:36.57'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-23T19:58:54.2'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-23T21:26:19.39'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-16T11:45:07.41'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T14:45:53.78'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:52:41.79'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-08-30T12:34:05.3633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3019/DocumentHistoryActions
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Bill
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By Representative Domb of Amherst, a petition (accompanied by bill, House, No. 3019) of Mindy Domb and others relative to the promulgation of State Building Code regulations to allow for gender-neutral bathrooms. State Administration and Regulatory Oversight.
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Chapter 142 of the General Laws is hereby amended by inserting after section 13 the following section:-
Section 13A. The examiners shall promulgate or amend regulations to allow gender-neutral toilet and bathing facilities, including toilet and bathing facilities that contain more than 1 toilet, urinal, or shower separated by privacy walls or partitions, with separate or grouped handwashing fixtures, to be designated or installed in any use group defined in the state building code, regardless of whether the work being performed is new construction or repair, renovation or alteration work.
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An Act extending pandemic-related relief for dining establishments
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H302
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HD2878
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T17:33:52.487'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T17:33:52.4866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H302/DocumentHistoryActions
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 302) of Denise C. Garlick relative to extending pandemic-related relief for dining establishments by allowing for the delivery of certain alcoholic beverages. Consumer Protection and Professional Licensure.
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SECTION 1. Section 15 of Chapter 42 of the Acts of 2022 is amended by striking out the words “April 1, 2023” and inserting in place thereof the following words:- "April 1, 2024"
SECTION 2. Section 19 of Chapter 42 of the Acts of 2022 is amended by striking out the words “April 1, 2023” and inserting in place thereof the following words:- “April 1, 2024”
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to extend pandemic-related relief for dining establishments, 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 municipal lobbying
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H3020
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HD2480
| 193
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{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T16:25:31.1'}
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[{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T16:25:31.1'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:46:12.59'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3020/DocumentHistoryActions
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Bill
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By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3020) of Kate Donaghue and Michelle M. DuBois for legislation to regulate municipal lobbying. State Administration and Regulatory Oversight.
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SECTION 1. Section 39 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after line 99, the following definition:-
“Covered municipal official”, a mayor, city manager, city councilor, member of the board of alderman, school committee member or municipal department head in a city having more than 150,000 inhabitants as of the most recent federal census.”, and further;
By inserting after line 169, the following definitions:- ““Municipal agent”, a person who for compensation or reward engages in municipal lobbying which includes at least 1 lobbying communication with a government employee made by said person. The term “municipal agent” shall include a person who, as part of his regular and usual business or professional activities and not simply incidental thereto, engages in legislative municipal lobbying, whether or not any compensation in addition to the salary for such activities is received for such services. For purposes of this definition a person shall be presumed to be engaged in municipal lobbying that is simply incidental to his regular and usual business or professional activities if he or she: (i) engages in municipal lobbying for not more than 25 hours during any reporting period; and (ii) receives less than $2,500 during any reporting period for legislative lobbying.
“Municipal lobbying”, any act to promote, oppose, influence, or attempt to influence the decision of any covered municipal official, where such decision concerns any ordinance proposed or change to an adopted ordinance, action or vote of a covered municipal official or the adoption, repeal, amendment or postponement of a standard, rate, rule, regulation or appointment within a covered municipal official’s direct jurisdiction or the approval, modification or disapproval of any formal action by a covered municipal.”
SECTION 2. Section 41 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “legislative agents” in line 7 the following words:- “, municipal agents”.
SECTION 3. Section 41 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after the word “legislative” in line 9 the following word:- “, municipal”.
SECTION 4. Section 41 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “legislative agent” in line 20 the following words:- “, municipal agent”.
SECTION 5. Section 41 of chapter 3 of the General, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “legislative agent” in line 25 the following words :- “, municipal agent”.
SECTION 6. Section 41 of chapter 3 of the General, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “legislative agent” in line 31 the following words :- “, municipal agent”.
SECTION 7. Section 41 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following sentence after the second sentence in line 5:- The state secretary shall assess each municipal agent an annual filing fee of $50 upon entering the agent’s name on the docket.
SECTION 8. Section 41 of chapter 3 of the General, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “legislative agent” in lines 48 and 49 the following words :- “, municipal agent”.
SECTION 9. Section 42 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following sentence at the end of the first paragraph in line 8:-
No person shall agree to engage in municipal lobbying for consideration to be paid upon the contingency of the outcome of the actions described in the definition of “municipal lobbying.”
SECTION 10. Section 43 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new sentence after the first sentence of the first paragraph in line 29:-
On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every municipal agent shall render to the state secretary an itemized statement, under oath, listing all campaign contributions as defined in section one of chapter fifty-five; all expenditures, and the total amount thereof, incurred, contributed or paid during the reporting period in the course of his employment as a municipal agent and all expenditures made for or on behalf of covered municipal officials incurred or paid during the reporting period, except that the municipal agent shall not be required to report such expenditures not in the course of his employment made for or on behalf of the immediate family of such municipal agent or a relative within the third degree of consanguinity of the municipal agent or of his or her spouse or the spouse of any such relative; and except that in the case of all expenditures the municipal agent shall not be required to itemize the expenditures of any one day in which the amount incurred or paid did not total thirty-five dollars or more.
SECTION 11. Section 43 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the first sentence of the third paragraph contained in lines 41 to 54, inclusive, and inserting in place thereof the following text:
Every legislative agent, municipal agent and executive agent shall include in the statement required by this section for the relevant reporting period: (1) the identification of each client for whom the legislative, municipal or executive agent provided lobbying services; (2) a list of all bill numbers and names of legislation and other governmental action that the executive, municipal or legislative agent acted to promote, oppose or influence; (3) a statement of the executive, municipal or legislative agent's position, if any, on each such bill or other governmental action; (4) the identification of the client or clients on whose behalf the executive, municipal or legislative agent was acting with respect to each such bill or governmental action; (5) the amount of compensation received for executive, municipal or legislative lobbying from each client with respect to such lobbying services; and (6) all direct business associations with public officials. The disclosure shall be required regardless of whether the legislative agent, municipal agent or executive agent specifically referenced the bill number or name, or other governmental action while acting to promote, oppose or influence legislation, and shall be as complete as practicable.
SECTION 12. Section 43 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 60 the following word:- “, municipal”.
SECTION 13. Section 43 of chapter 3 of the General, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 67 the following word:- “, municipal”.
SECTION 14. Section 43 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 77 the following word:- “, municipal”.
SECTION 15. Section 44 of chapter 3 of the General Laws is hereby amended by inserting the following new sentence after the first sentence in line 26 of the first paragraph:-
On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, any group or organization, however constituted, not employing a municipal agent which as part of an organized effort, expends in excess of two hundred and fifty dollars during any calendar year to promote, oppose, or influence municipal governmental action, or to influence the decision of any officer or employee of a covered municipal official, where such decision concern the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, or to do any act to communicate directly with a covered municipal official to influence a decision concerning policy or procurement shall register with the state secretary by rendering a statement, under oath, containing the names and addresses of the principals of such group or organization, the purposes of the organization, such aforesaid decisions of such employees of the executive branch or an authority or legislation which affects those purposes, the total amount of expenditures, incurred or paid during the reporting period in furtherance of the foregoing objectives and an itemized statement containing all expenditures made for or on behalf of covered municipal officials and employees of such offices.
SECTION 16. Section 44 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 56 the following word:- “, municipal”.
SECTION 17. Section 44 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the text contained in the last paragraph in lines 62 to 76, inclusive, and inserting in place thereof the following paragraph:
This section shall not apply to any group or organization that (i) does not employ an executive, municipal or legislative agent; (ii) does not realize a profit; (iii) does not make a contribution, as defined in section one of chapter fifty-five, to a political candidate or committee; (iv) does not pay a salary or fee to any member for any activities performed for the benefit of the group or organization; and (v) expends two thousand dollars or less during any calendar year to promote, oppose, or influence legislation, or the governor's veto or approval thereof, or to influence the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, or a covered municipal official and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto or other government action, or to do any act to communicate directly with a covered executive official or covered municipal official to influence a decision concerning policy or procurement.
SECTION 18. Section 45 of chapter 3 of the General Laws is hereby amended by inserting the following the words in the subsection (d) after the words “executive lobbying”:- , municipal lobbying.
SECTION 19. Section 45 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 96 the following word:- “, municipal”.
SECTION 20. Section 46 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 1 the following word:- “, municipal”.
SECTION 21. Section 47 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence contained in lines 1 to 25, inclusive, and inserting in place thereof the following text:
“On or before the fifteenth day of July, complete from January first through June thirtieth; and the fifteenth day of January, complete from July first to December thirty-first of the preceding year, every employer of an executive, municipal or legislative agent shall render to the state secretary a complete and detailed itemized statement, under oath, listing all expenditures incurred or paid separately by such employer during the reporting period in connection with promoting, opposing or influencing legislation, or the governor's approval or veto thereof, or influencing the decision of any officer or employee of the executive branch or an authority, including, but not limited to, statewide constitutional officers and employees thereof, or a covered municipal official and employees thereof, where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto or other government action, or to do any act to communicate directly with a covered executive official or covered municipal official to influence a decision concerning policy or procurement and all expenditures for or on behalf of the statewide constitutional officers, officers and employees of such offices, members of the general court, officers and employees of the general court, officers and employees of the executive branch and officers and employees of an authority, covered municipal officials and any employees thereof and the total amount thereof incurred or paid separately by such employer during the reporting period; and except that in the case of all expenditures the employer shall not be required to itemize the expenditures of any one day in which the amount incurred or paid did not total thirty-five dollars or more.”
SECTION 22. Section 47 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in line 47 the following word:- “, municipal”.
SECTION 23. Section 48 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive” in lines 6 and 8, as it appears in each instance, the following word:- “, municipal”.
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An Act relative to the technology fund
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H3021
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HD2485
| 193
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{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T14:20:47.95'}
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[{'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-18T14:20:47.95'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3021/DocumentHistoryActions
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Bill
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By Representative Donaghue of Westborough, a petition (accompanied by bill, House, No. 3021) of Kate Donaghue relative to technology fund surcharges to fund improvements at registries of deeds. State Administration and Regulatory Oversight.
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SECTION 1. Section 31 of Chapter 9 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking in lines 9 and 12, in each instance, the figure “2025” and inserting in place thereof the following figure:- “2030”.
SECTION 2. Section 41 of Chapter 36 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by striking in lines 9 and 12, in each instance, the figure:- “2025” and inserting in place thereof the following figure:- “2030”.
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An Act to improve methods of recording at the registry of deeds
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H3022
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HD3004
| 193
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{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T14:59:40.85'}
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[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T14:59:40.85'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3022/DocumentHistoryActions
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Bill
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By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 3022) of Daniel M. Donahue relative to methods of recording at the registries of deeds. State Administration and Regulatory Oversight.
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Chapter 54 of the General Laws is hereby amended by inserting after section 157 the following section-:
Section 158: Methods of Recording
The register shall record all instruments upon the pages of the record books in fair and legible handwriting or in print, and in continuous successive lines, and shall note on the record, before attesting the same, all erasures and interlineations and the value of any stamp affixed thereto pursuant to federal law, and the cancellation thereof, and shall make duplicate copies of all books in their registry in which deeds, certificates of title and other instruments have been recorded or entered.
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An Act relative to regulation of privatization contracts
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H3023
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HD3007
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{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:09:38.42'}
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[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:09:38.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3023/DocumentHistoryActions
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Bill
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By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 3023) of Daniel M. Donahue relative to regulation of privatization contracts. State Administration and Regulatory Oversight.
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Section 53 of chapter 7 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the fourth sentence of the definition of “Privatization contract” and inserting in place thereof the following sentence:- An agreement solely to provide legal or management consulting services shall not be considered a privatization contract.
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An Act relative to making amendments to the Massachusetts Business Corporation Act
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H3024
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HD2451
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{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:14:49.12'}
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[{'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T13:14:49.12'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3024/DocumentHistoryActions
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Bill
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By Representative Donato of Medford, a petition (accompanied by bill, House, No. 3024) of Paul J. Donato for legislation to further regulate business corporations. State Administration and Regulatory Oversight.
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SECTION 1. Section 1.24(d)(1) of chapter 156D is hereby amended by deleting the words “of the articles of correction” and inserting in their place the following words: on which the articles of correction were filed.
SECTION 2. Section 1.26 of chapter 156D is hereby amended by deleting the words “after the return of the document to” in the second sentence and inserting in their place the following words: after the secretary of state has given the notice required by section 1.25(c) in.
SECTION 3. Section 1.40(a) of chapter 156D is hereby amended as follows:
By inserting the words “and series” after the words “shares of all classes” in the definition of “Authorized shares”
By inserting the words “any or all of” in the first sentence of the definition of “Distribution” after the words “benefit of” and before the words “its shareholders”
By deleting the words “filed organizational document” in the definition of “Nonfiling entity” and inserting in their place the following words: public organic document
By inserting the words “or a subsequent statement of change under section 5.02” in the definition of “Principal office” after the words “annual report” and before the word “where”
By deleting the phrase “appointed under chapter 156B unless the corporation has also appointed a ‘secretary’ or the context otherwise requires” in the definition of “Secretary” and inserting in its place the following phrase: unless the corporation has appointed another person as “clerk” to perform the functions of “secretary”
By deleting the definition of “Public corporation” in its entirety and replacing it with the following:
“Public corporation,” any corporation to which this chapter applies, and which has shares with voting power registered under the Securities Exchange Act of 1934, as amended; provided, that if a corporation is subject to paragraph (b) of section 8.06 at the time it ceases to have any shares with voting power so registered, such corporation shall nonetheless be deemed to be a public corporation for a period of twelve months following the time it ceased to have such shares registered.
And by adding at the end of Section 1.40(a) the following paragraph:
“Voting power” means the current power to vote in the election of directors.
SECTION 4. Section 1.41(e) of chapter 156D is hereby amended by deleting the following words: “shown in its most recent annual report.”
SECTION 5. Section 2.02 (b)(1)(iii) of chapter 156D is hereby amended by deleting the words “or any class thereof.”
SECTION 6. Section 2.02 (b)(1)(iv) of chapter 156D is hereby amended by inserting the words “or series” after the words “or classes” and before the words “of shares.”
SECTION 7. Section 2.02(b)(4) of chapter 156D is deleted in its entirety and replaced by the following:
(4) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director notwithstanding any provision of law imposing such liability; but the provision shall not eliminate or limit the liability of a director (i) for any breach of the director’s duty of loyalty to the corporation or its shareholders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) for improper distributions under section 6.40, or (iv) for any transaction from which the director derived an improper personal benefit.
SECTION 8. Section 2.05 of chapter 156D is hereby amended by deleting the word “by-laws” in each place where it appears and inserting in its place the following word: bylaws.
SECTION 9. Section 2.05(a)(2) of chapter 156D is hereby amended as follows:
By deleting the words “the initial directors named in the articles of organization” and inserting in their place the following words: the directors, president, treasurer and secretary named in the articles of organization shall be the initial directors, president, treasurer and secretary and the initial directors
And by deleting the words “shall be elected” and inserting in their place the following words: may be elected to replace the initial president, treasurer and secretary.
SECTION 10. Section 2.05(c) of chapter 156D is hereby amended by deleting the word “and” and inserting in its place the following word: or.
SECTION 11. Section 3.02(a)(6) of chapter 156D is hereby amended by deleting the words “any other entity” and inserting in their place the following words: any other domestic business corporation, any domestic nonprofit corporation, any foreign business or nonprofit corporation or any other entity.
SECTION 12. Section 3.02(a)(12) of chapter 156D is hereby amended by deleting the words “any other corporation or entity” and inserting in their place the following words: any other domestic business corporation, domestic nonprofit corporation, foreign business or nonprofit corporation or any other entity.
SECTION 13. Section 3.02(b) of chapter 156D is hereby amended by deleting the word “stock” in each place where it appears and inserting in its place the following word: shares.
SECTION 14. Section 4.01(a)(1) of chapter 156D is deleted in its entirety and replaced by the following:
(1) shall contain the word “corporation,” “incorporated,” “company,” or “limited” or the abbreviation “corp.,” “inc.,” “co.,” or “ltd.,” or words or abbreviations of like import in another language; and
SECTION 15. Section 5.01 of chapter 156D is deleted in its entirety and replaced by the following:
Section 5.01. REGISTERED OFFICE AND REGISTERED AGENT
Each corporation shall continuously maintain in the commonwealth:
(1) a registered office that may, but need not, be the same as any of its places of business; and
(2) a registered agent, who may be any of the following individuals or entities whose business office is also the registered office of the corporation:
(i) an individual, including the secretary or another officer of the corporation;
(ii) a domestic business corporation, a domestic nonprofit corporation or a domestic other entity;
(iii) a foreign business corporation or a foreign nonprofit corporation authorized in either case to transact business in this commonwealth; or
(iv) a foreign other entity authorized to transact business in this commonwealth.
SECTION 16. The second sentence of Section 6.01(a) of chapter 156D is deleted in its entirety and is replaced by the following two sentences:
The articles of organization also shall, before the issuance of any shares of a class or series, prescribe the number of authorized shares of the class or series and its distinguishing designation, preferences, limitations and relative rights. All shares of a class or series must have a distinguishing designation and preferences, limitations and relative rights that are identical with those of other shares of the same class or series.
SECTION 17. Section 6.02(d) of chapter 156D is hereby amended by deleting the word “recision” and inserting in its place the following word: rescission.
SECTION 18. Section 6.23(b) of chapter 156D is deleted in its entirety and replaced by the following:
(b) Shares of 1 class or series shall not be issued as a share dividend in respect of shares of another class or series unless (1) the articles of organization so authorize, (2) the holders of shares entitled to cast a majority of all the votes entitled to be cast by the class or series to be issued approve the issue, or (3) there are no outstanding shares of the class or series to be issued. In addition, shares of a class or series having preference over another class or series with respect to distributions, including dividends and distributions upon the dissolution of the corporation, shall not be issued as a share dividend in respect of shares of such other class or series if there are at the time any outstanding shares of any third class or series as to which the shares then to be issued have a right with respect to distributions which is prior, superior or substantially equal unless (1) the articles of organization so authorize, or (2) the holders of shares entitled to cast a majority of all the votes entitled to be cast by the outstanding shares of such third class or series approve the issue.
SECTION 19. Section 6.30(a) of chapter 156D is deleted in its entirety and replaced by the following:
(a) The shareholders of a corporation shall not have a preemptive right to acquire the corporation's unissued shares except to the extent the articles of organization so provide.
SECTION 20. Section 6.40(f) of chapter 156D is hereby amended by deleting the words “subordinated by agreement” and inserting in their place the following words: the indebtedness is expressly made subordinate.
SECTION 21. Sections 6.41(f)(2) and (3) of chapter 156D are deleted in their entirety and replaced by the following:
(2) in the case of a distribution in liquidation by a corporation in dissolution under Part 14, the later of (i) the date on which the effect of the challenged distribution would have been measured under subsection (e) or (g) of section 6.40 if it had not been a distribution in liquidation and (ii) 6 months after the end of the 3-year period referred to in subsection (d); or
(3) in the case of a distribution in liquidation by a corporation not in dissolution under Part 14, as described in the second clause of the last sentence of subsection (h) of section 6.40, three years after the date on which the effect of the challenged distribution would have been measured under subsection (e) or (g) of section 6.40 if it had not been a distribution in liquidation.
SECTION 22. Section 7.04 of chapter 156D is hereby amended as follows:
Section 7.04(c) is amended by deleting the words “consent of the required number of shareholders” and inserting in their place the following words: consent of shareholders having the required number of votes.
Section 7.04(d) is deleted in its entirety and replaced by the following two subsections:
(d) If (1) this chapter requires that notice of a proposed action be given to nonvoting shareholders and the action is to be taken by written consent of the voting shareholders, or (2) action is taken by less than unanimous written consent of the voting shareholders, the corporation shall give its nonvoting shareholders or its non-consenting voting shareholders, as the case may be, written notice of the action not more than 7 days after written consents sufficient to take the action have been delivered to the corporation. The notice must reasonably describe the action taken and contain or be accompanied by the same material that, under any provision of this chapter, would have been required to be sent to nonvoting shareholders or to voting shareholders, as the case may be, in a notice of a meeting at which the proposed action would have been submitted to the shareholders for action.
(e) The notice requirements in subsection (d) shall not delay the effectiveness of actions taken by written consent, and a failure to comply with such notice requirements shall not invalidate actions taken by written consent, provided that this subsection shall not be deemed to limit judicial power to fashion any appropriate remedy in favor of a shareholder adversely affected by a failure to give such notice within the required time period.
SECTION 23. Section 7.07(c) of chapter 156D is hereby amended by deleting the words “the date fixed for the original meeting” and inserting in their place the following words: the record date fixed for the original meeting.
SECTION 24. Section 7.08(2)(i) of chapter 156D is hereby amended by deleting the word “stockholder” and inserting in its place the following word: shareholder.
SECTION 25. Section 7.08(2)(iii) of chapter 156D is hereby amended by deleting the word “stockholder” and inserting in its place the following word: shareholder.
SECTION 26. Section 7.27(b) of chapter 156D is deleted in its entirety and replaced by the following:
(b) If any provision of this chapter requires the affirmative vote of more than a majority of all the votes entitled to be cast on a matter by any voting group, the articles of organization may provide that action may be taken by the affirmative vote of a lesser proportion than this chapter specifies, but not less than a majority of all the votes entitled to be cast on the matter by the voting group.
SECTION 27. Section 7.44(a) of chapter 156D is deleted in its entirety and replaced by the following:
(a) A derivative proceeding shall be dismissed by the court on motion by the corporation if the court finds that either: (1) 1 of the groups specified in subsection (b)(1), (b)(2) or (f) has determined in good faith after conducting a reasonable inquiry upon which its conclusions are based that the maintenance of the derivative proceeding is not in the best interests of the corporation; or (2) shareholders specified in subsection (b)(3) have determined that the maintenance of the derivative proceeding is not in the best interests of the corporation.
SECTION 28. Section 7.44(b)(3) of chapter 156D is deleted in its entirety and replaced by the following:
(3) the affirmative vote of a majority of all the votes entitled to be cast on the matter at a meeting at which a quorum exists, not including votes cast by holders of shares owned by or voted under the control of a shareholder or related person who has or had a beneficial financial interest in the act or omission complained of or other interest therein that would reasonably be expected to exert an influence on that shareholder's or related person's judgment if called upon to vote in the determination. Shares entitled to cast a majority of all the votes entitled to be cast on the matter and entitled to be counted under this clause (3) constitute a quorum for the purpose of this clause.
SECTION 29. Section 7.44(e) of chapter 156D is deleted in its entirety and replaced by the following:
(e) If a majority of the board of directors does not consist of independent directors at the time the determination by independent directors is made, the corporation shall have the burden of proving that the requirements of subsection (a) have been met and that the determination that maintenance of the derivative proceeding is not in the best interests of the corporation was reasonable and principled. If a majority of the board of directors consists of independent directors at the time the determination by independent directors is made or if the determination is made by shareholders pursuant to clause (3) of subsection (b) or by a panel appointed pursuant to subsection (f), the plaintiff shall have the burden of proving that the requirements of subsection (a) have not been met.
SECTION 30. Section 8.06(b) of chapter 156D is hereby amended by deleting the word “stock” and inserting in its place the following word: shares.
SECTION 31. Section 8.06(c)(1) of chapter 156D is hereby amended as follows:
By deleting the portion of the first sentence that begins with the word “unless”
and inserting in its place the following phrase: unless (i) the board of directors of the public corporation shall have elected to be exempt from the provisions of subsection (b), or (ii) holders of shares of each class or series of the corporation that has voting power, voting as separate voting groups if required by the articles of organization, at a meeting duly called for the purpose, shall have so elected by vote of two-thirds of all the votes entitled to be cast by the voting group.
And by inserting the following additional sentence after the first sentence: A vote by which the corporation elected to be exempt from the provisions of subsection (b) of section 50A of chapter 156B shall constitute such a vote.
SECTION 32. Section 8.06(c)(2) of chapter 156D is hereby amended by deleting the second sentence and inserting in its place the following sentence:
In the event that any public corporation shall have so elected by a vote of shareholders pursuant to clause (1) of this subsection, the public corporation may at any time thereafter, by a vote or votes cast by holders of two-thirds of all shares having voting power that would satisfy the requirements of clause (1) if it were applicable, elect to be subject to the provisions of subsection (b).
SECTION 33. Section 8.06(d) of chapter 156D is hereby amended by deleting the words “a majority of the shares outstanding and entitled to vote in the election of directors” and inserting in their place the following words: holders of shares with voting power casting a majority of all the votes entitled to be cast by such holders, voting as a single group.
SECTION 34. Section 8.10(b) of chapter 156D is hereby amended by deleting the word “by-laws” and inserting in its place the following word: bylaws.
SECTION 35. Section 8.21 of chapter 156D is deleted in its entirety and replaced by the following:
Section 8.21. ACTION WITHOUT MEETING
(a) Unless the articles of organization or bylaws provide that action required or permitted by this chapter to be taken by the directors may be taken only at a meeting, the action may be taken without a meeting if each director signs a consent describing the action to be taken and it is delivered to the corporation or as the corporation directs for inclusion in the corporate records.
(b) Action taken under this section is effective when one or more consents signed by all the directors are delivered as provided in subsection (a), unless the consent specifies a different effective date.
(c) A consent complying with this section has the effect of a meeting vote and may be described as such in any document.
SECTION 36. Section 8.25(e) of chapter 156D is deleted in its entirety and replaced by the following:
(e) A committee may not, however:
(1) authorize distributions, including any purchase, redemption or other acquisition of shares, unless made according to a formula or method prescribed by the board of directors;
(2) adopt or submit to shareholders action that this chapter requires be approved by shareholders;
(3) change the number of the board of directors, remove directors from office or fill vacancies on the board of directors;
(4) amend articles of organization pursuant to section 10.02; or
(5) adopt, amend or repeal bylaws.
SECTION 37. Section 8.31(d) of chapter 156D is deleted in its entirety and replaced by the following:
(d) For purposes of clause (2) of subsection (a), a conflict of interest transaction is
authorized, approved, or ratified if at a meeting at which a quorum exists it receives the affirmative vote of a majority of all the votes entitled to be cast on the matter and counted under this subsection. The votes of shares owned by or voted under the control of a director who has a direct or indirect interest in the transaction, and of shares owned by or voted under the control of an entity described in clause (1) of subsection (b), may not be counted in a vote of shareholders to determine whether to authorize, approve, or ratify a conflict of interest transaction under clause (2) of subsection (a). The vote of those shares, however, is counted in determining whether the transaction is approved under other sections of this chapter. Shares entitled to cast a majority of all the votes entitled to be counted in a vote under this subsection constitute a quorum for the purpose of this section.
SECTION 38. Section 8.32(a) of chapter 156D is hereby amended by deleting the phrase “the obligation of a director of, the corporation” and inserting in its place the following phrase: the obligation of, a director of the corporation.
SECTION 39. The first sentence of Section 8.45 of chapter 156D is hereby amended by deleting the words “the clerk or an assistant clerk” and inserting in their place the following words: the secretary or an assistant secretary.
SECTION 40. Section 8.53(c)(1)(i) of chapter 156D is hereby amended by deleting the words “by the vote” and inserting in their place the following words: by such a vote.
SECTION 41. Section 8.54(a)(3)(ii) of chapter 156D is hereby amended by deleting the phrase “sections 8.51 or 8.51” and inserting in its place the following phrase: section 8.51.
SECTION 42. Section 8.58(b) of chapter 156D is hereby amended as follows:
By deleting the words "articles of incorporation" and inserting in their place the
following words: articles of organization
And by deleting the number 3 that appears in parentheses immediately after the word
"clause” and inserting in its place the number 4.
SECTION 43. Section 9.21(5) of chapter 156D is deleted in its entirety and replaced by the following:
(5) Unless (1) a greater percentage vote is required by the articles of organization, pursuant to subsection (a) of section 7.27, by the bylaws, pursuant to section 10.21, or by the board of directors, acting pursuant to paragraph (3) of this section, or (2) the articles provide for a lesser percentage vote, in accordance with subsection (b) of section 7.27, approval of the plan of domestication requires (i) the affirmative vote of two-thirds of all the votes entitled generally to be cast on the plan by the articles of organization and, in addition, (ii) the affirmative vote of two-thirds of all the votes entitled to be cast by any voting group entitled to vote separately on the plan by this chapter, by the articles, by the bylaws, or by action of the board of directors pursuant to paragraph (3) of this section.
SECTION 44. Section 9.21(6)(i) is hereby amended by deleting the word “are” and inserting in its place the following word: is.
SECTION 45. Section 9.31(5) of chapter 156D is deleted in its entirety and replaced by the following:
(5) Unless (1) a greater percentage vote is required by the articles of organization, pursuant to subsection (a) of section 7.27, by the bylaws, pursuant to section 10.21, or by the board of directors, acting pursuant to paragraph (3) of this section, or (2) the articles provide for a lesser percentage vote, in accordance with subsection (b) of section 7.27, approval of the plan of nonprofit conversion requires (i) the affirmative vote of two-thirds of all the votes entitled generally to be cast on the plan by the articles of organization, and, in addition, (ii) the affirmative vote of two-thirds of all the votes entitled to be cast by any voting group entitled to vote separately on the plan by this chapter, by the articles, by the bylaws, or by action of the board of directors pursuant to paragraph (3) of this section.
SECTION 46. Section 9.52(4) of chapter 156D is hereby amended by deleting the words "organizational documents" and inserting in their place the following words: organic documents.
SECTION 47. Section 9.52(5) of Chapter 156D is deleted in its entirety and replaced by the following:
(5) Unless (i) a greater percentage vote is required by the articles of organization, pursuant to section 7.27(a), by the bylaws, pursuant to section 10.21, or by the board of directors, acting pursuant to paragraph (3) of this section, or (ii) the articles provide for a lesser percentage vote, in accordance with subsection (b) of section 7.27, approval of the plan of entity conversion requires (i) the affirmative vote of two-thirds of all the votes entitled generally to be cast on the plan by the articles of organization and, in addition, (ii) the affirmative vote of two-thirds of all the votes entitled to be cast by any voting group entitled to vote separately on the plan by this chapter, by the articles, by the bylaws, or by action of the board of directors pursuant to paragraph (3) of this section.
SECTION 48. Section 9.52(6) of chapter 156D is amended by deleting clause (i) thereof in its entirety and replacing it with the following:
(i) would have a right to vote as a separate voting group on a provision in the plan that, if contained in a proposed amendment to the articles of organization, would require action by separate voting groups under section 10.04; provided, however, that receipt of interests in another entity in exchange for shares pursuant to a plan of conversion shall not entitle holders of the exchanged class or series to vote as a separate voting group based solely on the ground that they were receiving interests in a different issuer; or
SECTION 49. Section 9.53(b)(3) of chapter 156D is hereby amended by deleting the phrase “any other desired provisions that section 2.02 subsection (b) of permits” and inserting in its place the following phrase: any other desired provisions that section 2.02(b) permits.
SECTION 50. Section 9.55(a)(5) of chapter 156D is hereby amended by deleting the words "organizational document" in each place they appear and inserting in their place the following words: organic document.
SECTION 51. Section 10.03(e) of chapter 156D is deleted in its entirety and replaced by the following:
(e) Unless (1) a greater percentage vote is required by the articles of organization, pursuant to subsection (a) of section 7.27, by the bylaws, pursuant to section 10.21, or by the board of directors, acting pursuant to subsection (c) of this section, or (2) the articles provide for a lesser percentage vote, in accordance with subsection (b) of section 7.27, approval of the amendment requires:
(1) except as otherwise provided in clause (2), (i) the affirmative vote of two-thirds of all the votes entitled generally to be cast on the amendment by the articles of organization and, in addition, (ii) the affirmative vote of two-thirds of all the votes entitled to be cast by any voting group entitled to vote separately on the amendment by this chapter, by the articles, by the bylaws, or by action of the board of directors pursuant to subsection (c) of this section, or
(2) if the amendment relates solely to (A) an increase or reduction in the corporation's capital stock of any class or series then authorized, (B) a change in its authorized shares into a different number of shares or the exchange thereof pro rata for a different number of shares of the same class or series, or (C) a change of its corporate name, the required vote shall be a majority rather than two-thirds, except that, if the vote of a separate voting group is required under section 10.04, the required vote of that voting group shall remain two-thirds.
If the amendment to the articles of organization changes a quorum or voting requirement for action by the shareholders, approval by the shareholders shall satisfy not only the quorum and voting requirement then applicable for amendment of the articles but also the particular quorum or voting requirement being changed.
SECTION 52. Section 10.04(a) of chapter 156D is hereby amended by deleting the text preceding paragraph (1), and inserting in its place the following:
Subject to Section 10.05, if the corporation has more than one class or series
of shares outstanding, the holders of the outstanding shares of a class or series are entitled to vote as a separate voting group, whether or not shareholder voting is otherwise required by this chapter, on a proposed amendment to the articles of organization if the amendment would:
SECTION 53. Section 10.21(c) of chapter 156D is deleted in its entirety and replaced by the following:
(c) Any initial bylaw adopted by the incorporators or board of directors, and any bylaw
subsequently adopted or amended by the shareholders, that provides for (i) a greater or lesser quorum requirement for shareholders than is provided by this chapter or (ii) a greater voting requirement for shareholders (or for more voting groups of shareholders) than is provided by this chapter may not be amended or repealed by the board of directors unless the bylaw otherwise provides.
SECTION 54. Part 11 of chapter 156D is amended by deleting the words “organizational documents” each time they appear in Part 11 and inserting in their place the following words: organic documents.
SECTION 55. Section 11.01 of chapter 156D is hereby amended as follows:
By deleting in its entirety the phrase “As used in this part:” and the definition of “Interests” and replacing them with the following:
As used in this Part, the following words have the following meanings, unless the context requires otherwise:
“Interest”, includes any form of membership in a domestic or foreign nonprofit corporation.
And by deleting in paragraph (1) of the definition of “Party to a merger” or “party to a share exchange” the words “merger under a plan of merger” and inserting in their place the following words: merge under a plan of merger.
SECTION 56. Section 11.02 of chapter 156D is hereby amended by deleting the words “or other entity” in the text preceding subsection (a) and inserting in their place the following words: or a domestic or foreign other entity.
SECTION 57. Section 11.02(b) of chapter 156D is hereby amended by deleting the words “the law under which a domestic other entity is organized” and inserting in their place the following words: the organic law applicable to a domestic other entity.
SECTION 58. Section 11.02(b)(1) is hereby amended by deleting the words “filed organizational document” and inserting in their place the following words: organic document.
SECTION 59. Section 11.03(a)(2) of chapter 156D is hereby amended by deleting the words “or other entity” in the first and second sentences and inserting in their place the following words: or by a domestic or foreign other entity.
SECTION 60. Section 11.03(b) of chapter 156D is hereby amended by deleting the words “the law under which a domestic other entity is organized” in the first and second sentences and inserting in their place the following words: the organic law applicable to a domestic other entity.
SECTION 61. Section 11.03(b)(1) is hereby amended by deleting the words “filed organizational document” and inserting in their place the following words: organic document.
SECTION 62. Section 11.03(c) of chapter 156D is hereby amended by deleting the words “domestic or” in the text preceding paragraph (1).
SECTION 63. Section 11.03 of chapter 156D is hereby further amended by deleting subsection (e) in its entirety and changing the parenthetical letters designating subsections (f) and (g) to (e) and (f) respectively.
SECTION 64. Sections 11.04(5) through 11.04(8), inclusive, of Chapter 156D are deleted in their entirety and replaced by the following:
(5) Unless (i) a greater percentage vote is required by the articles of organization, pursuant to subsection (a) of section 7.27, by the bylaws, pursuant to section 10.21, or by the board of directors, acting pursuant to paragraph (3) of this section, or (ii) the articles provide for a lesser percentage vote, in accordance with subsection (b) of section 7.27, approval of the plan of merger or share exchange requires (i) the affirmative vote of two-thirds of all the votes entitled generally to be cast on the plan by the articles of organization and, in addition, (ii) the affirmative vote of two-thirds of all the votes entitled to be cast by any voting group entitled to vote separately on the plan by this chapter, by the articles, by the bylaws, or by action of the board of directors pursuant to paragraph (3) of this section.
(6) Except as otherwise expressly provided in the articles of organization, voting by a class or series of shares as a separate voting group is required on a plan of merger or share exchange if the plan contains a provision that, if contained in a proposed amendment to articles of organization, would entitle such class or series to vote as a separate voting group on the proposed amendment under section 10.04; provided however, that (i) receipt of shares of a class or series of shares in exchange for shares pursuant to a plan of merger or share exchange involving each outstanding class and series shall not entitle holders of the exchanged class or series to vote as a separate voting group based solely on the grounds that they are receiving shares of a different issuer or that paragraph (1) or (5) of section 10.04 would apply if the change were contained in a proposed amendment to the articles of organization, and (ii) if the proposed provision would, as an amendment, entitle two or more classes or series of shares to vote separately but would affect those classes or series in the same or a substantially similar way, the shares of all such classes or series shall, unless the articles of organization provide otherwise, vote together as a single voting group on the plan.
(7) Unless the articles of organization otherwise provide, approval by the corporation's shareholders of a plan of merger or share exchange is not required if:
(i) the corporation will survive the merger or is the acquiring corporation in a share exchange;
(ii) except for amendments permitted by section 10.05, its articles of organization will not be changed;
(iii) each shareholder of the corporation whose shares were outstanding immediately before the effective date of the merger or share exchange will hold the same number of shares, with identical preferences, limitations, and relative rights, immediately after the effective date of change; and
(iv) in the case of a plan of merger, the shares of any class or series of shares of such corporation to be issued or delivered pursuant to the plan of merger (including any shares issuable upon conversion of convertible securities or exercise of rights issued or delivered pursuant to the plan of merger) does not exceed 20 per cent of the shares of such corporation of the same class or series outstanding immediately before the effective date of the merger.
(8) If as a result of a merger or share exchange 1 or more shareholders of a domestic corporation would become subject to owner liability for the debts, obligations or liabilities of any other person or entity, approval of the plan of merger or share exchange shall require the execution, by each such shareholder, of a separate written consent to become subject to such owner liability.
SECTION 65. Section 11.05(a) of chapter 156D is deleted in its entirety and replaced by the following:
(a) A domestic parent corporation that owns shares of a domestic or foreign subsidiary corporation, and a foreign parent corporation that owns shares of a domestic subsidiary corporation, in each case that carry at least 90 per cent of the voting power of each class and series of the outstanding shares of the subsidiary that have voting power, may merge the subsidiary into itself or into another such subsidiary, or merge itself into the subsidiary, without the approval of the board of directors or shareholders of the subsidiary unless the laws of the foreign jurisdiction or jurisdictions under which the parent or the subsidiary is organized or the articles of organization of any of the corporations otherwise provide.
SECTION 66. Section 11.06(c) of chapter 156D is hereby amended by deleting the words “or share exchange” each of the three times they appear in that subsection.
SECTION 67. The first sentence of section 11.08(b) of chapter 156D is hereby amended by deleting the word “with” the first time it appears and inserting in its place the following word: by.
SECTION 68. Section 12.01(a)(3) of chapter 156D is deleted in its entirety and replaced by the following:
(3) transfer any or all of its assets to one or more domestic or foreign business
corporations or domestic or foreign other entities all of the shares or interests of which are owned, directly or indirectly, by the corporation; or
SECTION 69. Section 12.02(e) of chapter 156D is deleted in its entirety and replaced by the following:
(e) Unless (1) a greater percentage vote is required by the articles of organization, pursuant to subsection (a) of section 7.27, by the bylaws, pursuant to section 10.21, or by the board of directors, acting pursuant to subsection (b) of this section, or (2) the articles provide for a lesser percentage vote, in accordance with subsection (b) of section 7.27, approval of the transaction requires (i) the affirmative vote of two-thirds of all the votes entitled generally to be cast on the matter by the articles of organization and, in addition, (ii) the affirmative vote of two-thirds of all the votes entitled to be cast by any voting group entitled to vote separately on the matter by the articles, by the bylaws, or by action of the board of directors pursuant to subsection (b) of this section.
SECTION 70. Section 13.01 of chapter 156D is hereby amended by deleting the definition of “Marketable securities” and by inserting in its place the following definition:
“Marketable securities”,
(a) securities held of record by, or by financial intermediaries or depositories on behalf of, at least 1,000 persons, which are
(1) listed on a national securities exchange; or
(2) listed on a regional securities exchange or traded in an interdealer quotation or other trading system and are of a class or series that has at least 250,000 shares outstanding with a market value of at least $5,000,000, excluding in each case shares owned by officers, directors and affiliates; or
(b) securities issued by an open end management investment company registered under the Investment Company Act of 1940 that may be redeemed at the option of the holder at net asset value.
SECTION 71. Section 13.02(a) of chapter 156D is deleted in its entirety and replaced by the following:
(a) A shareholder is entitled to appraisal rights, and to obtain payment of the fair value of his shares, in the event of any of the following corporate or other actions:
(1) consummation of a plan of merger to which the corporation is a party if shareholder approval is required for the merger by section 11.04 or the articles of organization or if the corporation is a subsidiary and the merger is governed by section 11.05, unless, in either case, (A) all shareholders are to receive only cash for their shares in amounts proportionate to what they would receive upon a dissolution of the corporation or, in the case of shareholders already holding marketable securities in the merging corporation, only marketable securities of the surviving corporation, marketable securities of the parent in the case of a merger with a subsidiary and/or cash and (B) no director, officer or controlling shareholder has a direct or indirect material financial interest in the merger other than (i) in his capacity as a shareholder of the corporation, (ii) in his capacity as a director, officer, employee or consultant of either the merging or the surviving corporation or of any affiliate of the surviving corporation if his financial interest is pursuant to bona fide arrangements with either corporation or any such affiliate, or (iii) in any other capacity provided that the shareholder does not own shares entitled to cast more than five percent of all votes entitled to be cast by holders of all classes and series of shares either generally or on the plan of merger;
(2) consummation of a plan of share exchange in which his shares are included unless (A) both his existing shares and the shares, obligations or other securities to be acquired by him are marketable securities; and (B) no director, officer or controlling shareholder has a direct or indirect material financial interest in the share exchange other than (i) in his capacity as a shareholder of the corporation whose shares are to be exchanged, (ii) in his capacity as a director, officer, employee or consultant of either the corporation whose shares are to be exchanged or the acquiring corporation or of any affiliate of the acquiring corporation if his financial interest is pursuant to bona fide arrangements with either corporation or any such affiliate, or (iii) in any other capacity provided that the shareholder does not own shares entitled to cast more than five percent of all votes entitled to be cast by holders of all classes and series of shares to be exchanged pursuant to the plan of share exchange;
(3) consummation of a disposition of property pursuant to section 12.02 or a disposition of all, or substantially all, of the property of a corporation in dissolution, unless:
(i) his shares are then redeemable by the corporation at a price not greater than the cash to be received in exchange for his shares; or
(ii) the disposition is pursuant to court order; or
(iii) in the case of a disposition of all, or substantially all, of the property of the corporation subject to section 12.02, approval of shareholders for the disposition is conditioned upon the dissolution of the corporation and the distribution in cash or, if his shares are marketable securities, in marketable securities and/or cash, of substantially all of its net assets, in excess of a reasonable amount reserved to meet unknown claims under section 14.07, to the shareholders in accordance with their respective interests within one year after the disposition and no director, officer or controlling shareholder has a direct or indirect material financial interest in the disposition other than (i) in his capacity as a shareholder of the corporation, (ii) in his capacity as a director, officer, employee or consultant of either the corporation or the acquiring corporation or of any affiliate of the acquiring corporation if his financial interest is pursuant to bona fide arrangements with either corporation or any such affiliate, or (iii) in any other capacity provided that the shareholder does not own shares entitled to cast more than five percent of all votes entitled to be cast by holders of all classes and series of shares either generally or on the disposition;
(4) an amendment of the articles of organization that materially and adversely affects rights in respect of a shareholder's shares because it:
(i) creates, alters or abolishes the stated rights or preferences of the shares with respect to distributions or to dissolution, including making non-cumulative in whole or in part a dividend theretofore stated as cumulative;
(ii) creates, alters or abolishes a stated right in respect of conversion or redemption, including any provision relating to any sinking fund or purchase, of the shares;
(iii) alters or abolishes a preemptive right of the holder of the shares to acquire shares or other securities;
(iv) excludes or limits the right of the holder of the shares to vote on any matter, or to cumulate votes, except as such right may be limited by voting rights given to new shares then being authorized of an existing or new class; or
(v) reduces the number of shares owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under section 6.04;
(5) an amendment of the articles of organization or of the bylaws that adds restrictions on the transfer or registration of transfer of any outstanding shares held by the shareholder or amends any pre-existing restrictions on the transfer or registration of transfer of his shares in a manner that is materially adverse to the ability of the shareholder to transfer his shares;
(6) any corporate action taken pursuant to a shareholder vote to the extent the articles of organization, bylaws or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to appraisal;
(7) consummation of a domestication pursuant to subdivision A of Part 9 if the shareholder would have had appraisal rights if the transaction had been effected as a merger;
(8) consummation of a conversion of the corporation to nonprofit status pursuant to subdivision B of Part 9; or
(9) consummation of a conversion of the corporation into a form of other entity pursuant to subdivision E of Part 9.
SECTION 72. Section 13.02(b) of chapter 156D is deleted in its entirety and replaced by the following:
(b) Except as otherwise provided in subsection (a) of section 13.03, in the event of corporate action specified in paragraphs (1), (2), (3), (7), (8) or (9) of subsection (a), a shareholder may assert appraisal rights only if he seeks them with respect to all of his shares of whatever class or series.
SECTION 73. Section 13.21(b) of chapter 156D is hereby amended by deleting the word “chapter” and inserting in its place the following word: Part.
SECTION 74. Section 13.22(b)(3) of chapter 156D is hereby amended by deleting the word "chapter" and inserting in its place the following word: Part.
SECTION 75. Section 13.25(d) of chapter 156D is hereby amended as follows:
By deleting the word “if” and inserting in its place the following word: it
And by deleting the word "deserved" and inserting in its place the following word: described.
SECTION 76. Section 13.31(b)(2) of chapter 156D is hereby amended by deleting the word "chapter" and inserting in its place the following word: Part.
SECTION 77. Section 14.06(a) of chapter 156D is hereby amended by deleting the following quoted phrase: “, subject to paragraph (f),”.
SECTION 78. Section 14.09(d) of chapter 156D is hereby amended by deleting the words “if the procedures described in those sections are followed” and inserting in their place the following words: if the procedure described in the section applicable to the claim is followed.
SECTION 79. Section 14.30(2) of chapter 156D is hereby amended by deleting the phrase “the shareholders holding not less than 40 per cent of the total combined voting power of all the shares of the corporation’s stock outstanding and” and inserting in its place the following phrase: shareholders entitled to cast not less than 40 per cent of the total number of votes entitled to be cast by all holders of shares entitled to vote.
SECTION 80. Section 14.33(b) of chapter 156D is hereby amended by deleting the phrase “sections 14.06 and 14.07.” and inserting in its place the following phrase: sections 14.06, 14.07 and 14.08.
SECTION 81. Section 14.40 of chapter 156D is amended by deleting from both the first and the second sentences of that section the following words: or other appropriate official of the commonwealth.
SECTION 82. Section 15.01(c)(4) of chapter 156D is hereby amended by deleting the word “corporations” and inserting in its place the following word: corporation’s.
SECTION 83. Section 15.03(a)(5) of chapter 156D is hereby amended by deleting the word "agents" and inserting in its place the following word: agent’s.
SECTION 84. Section 15.04(d) of chapter 156D is hereby amended by inserting after the word “information" the following word: in.
SECTION 85. The first sentence of Section 15.05(c) of chapter 156D is hereby amended as follows:
By deleting the word "corporation” and inserting in its place the following word: corporation’s
And by deleting the word “stockholders” and inserting in its place the following word: shareholders.
SECTION 86. Section 15.07 of Chapter 156D is deleted in its entirety and replaced by the following:
Section 15.07. REGISTERED OFFICE AND REGISTERED AGENT OF FOREIGN CORPORATION
Each foreign corporation authorized to transact business in the commonwealth shall continuously maintain in the commonwealth:
(1) a registered office that may, but need not, be the same as any of its places of business; and
(2) a registered agent, who may be any of the following individuals or entities whose business office is also the registered office of the foreign corporation:
(i) an individual who resides in the commonwealth and whose business office is identical with the registered office;
(ii) a domestic business corporation or a domestic nonprofit corporation;
(iii) a foreign business or nonprofit corporation authorized to transact business in the commonwealth; or
(iv) a domestic other entity or a foreign other entity authorized to transact business in the commonwealth.
SECTION 87. Section 15.30 of chapter 156D is hereby amended as follows:
By deleting the words “requiring the filing of reports with” and inserting in their
place the following words: requiring the submission or delivery of reports to
And by inserting after "or chapter 63" the following words: of the General Laws.
SECTION 88. Section 15.31(b) of chapter 156D is hereby amended as follows:
By deleting the words “that each ground determined by the secretary” and inserting in their place the following words: that the ground
And by deleting the word "corporations" and inserting in its place the following word: corporation’s.
SECTION 89. Section 15.31(d) of chapter 156D is hereby amended by deleting the word “corporations” and inserting in its place the following word: corporation’s.
SECTION 90. Section 15.32(a) of chapter 156D is hereby amended as follows:
By deleting in the text preceding paragraph (1) the phrase “section 15.30” and inserting in its place the following phrase: section 15.31
And by deleting in paragraph (3) the word "corporations" and inserting in its place the following word: corporation’s.
SECTION 91. Section 16.20(c) of chapter 156D is deleted in its entirety and replaced by the following:
(c) Unless otherwise provided in the articles of organization or bylaws or unless the annual financial statements of the corporation shall have previously been delivered to the shareholders, a corporation shall deliver a written notice of the availability of its annual financial statements to each shareholder before the earlier to occur of the annual meeting of shareholders or 120 days after the close of the fiscal year.
SECTION 92. Section 16.21 of chapter 156D is hereby amended by deleting the words “BY-LAW AMENDMENTS” in the caption and inserting in their place the following words: BYLAW AMENDMENTS.
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An Act relative to remote access for public bodies and town meetings
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H3025
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HD911
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{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T13:49:52.313'}
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[{'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-17T13:49:52.3133333'}, {'Id': 'AHP1', 'Name': 'Alice Hanlon Peisch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AHP1', 'ResponseDate': '2023-01-26T12:12:39.6866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-17T11:16:12.6833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-22T10:36:41.2266667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-22T17:24:20.5133333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T17:24:20.5133333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-27T10:29:09.94'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-08T14:13:02.37'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-03-10T12:35:41.9633333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-10T12:35:41.9633333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-13T11:31:10.62'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-13T11:31:10.62'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-13T11:31:10.62'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-13T11:31:10.62'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-13T14:35:43.75'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-14T10:20:43.4066667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T10:56:41.2066667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-03-20T11:38:48.0966667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-20T11:38:48.0966667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-23T09:16:33.6666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-18T09:01:27.9366667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-08-01T09:55:35.5266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3025/DocumentHistoryActions
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Bill
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By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 3025) of William J. Driscoll, Jr., and others relative to remote access for public bodies and town meetings. State Administration and Regulatory Oversight.
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SECTION 1. Said chapter 30A is hereby amended by striking out section 20, and inserting in place thereof the following section:
Section 20. (a) Except as provided in section 21, all meetings of a public body shall be open to the public.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of the meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk's office is located and on the municipal website.
For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies. For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within the district and shall post the notice in the manner prescribed for local public bodies. For meetings of a county public body, notice shall be filed in the office of the county commissioners and a copy of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours in the places as the county commissioners shall designate for the purpose.
For meetings of a state public body, notice shall be filed with the attorney general by posting on a website under the procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division in the state secretary's office.
The attorney general may prescribe or approve alternative methods of notice where the attorney general determines the alternative methods will afford more effective notice to the public.
(d) Public bodies may allow remote meeting participation provided that all persons present at the meeting are clearly audible to each other. Remote members may vote and shall not be deemed absent for the purposes of section 23D of chapter 39.The public body shall ensure public access to the deliberations of the public body for interested members of the public through adequate, alternative means of public access. Where active, real-time participation by members of the public is a specific requirement of a general or special law, regulation or a local ordinance or by-law, pursuant to which the proceeding is conducted, any adequate, alternative means of public access pursuant to regulations established under section j shall provide for such participation and shall be sufficient to meet such participation requirement. A municipal public body that for reasons of economic hardship and despite best efforts is unable to provide adequate, alternative means of public access that will enable the public to follow the proceedings of the municipal public body as those activities are occurring in real time may instead post on its municipal website a full and complete transcript, recording or other comprehensive record of the proceedings as soon as practicable upon conclusion of the proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a general or special law, regulation or a local ordinance or bylaw that requires allowance for active participation by members of the public. A public body shall offer its selected adequate, alternative means of public access to its proceedings without subscription, toll or similar charge to the public.
(e) Public bodies may allow hybrid meeting participation provided that all persons present at the meeting are clearly audible to each other.
(f) A public body may allow remote participation by all members in any meeting of the public body and a quorum of the body and the chair shall not be required to be physically present at a specified meeting location.
(g) A public body that elects to conduct its proceedings under this section shall ensure that any party entitled or required to appear before it shall be able to appear through remote means, as if the party were a member of the public body and participating remotely as provided in subsection
(h) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.
(i) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
(j) The attorney general shall develop and adopt standards and guidelines for remote or hybrid participation of public bodies.
SECTION 2. Chapter 30A of the General Laws is hereby amended by inserting after section 20 the following section:
Section 20 ½ (a) Notwithstanding any general or special law, charter provision, ordinance or by-law to the contrary, the moderator in a town having a representative or open town meeting form of government may request that the select board or board of selectmen of the town call for a representative or open town meeting to be held through remote or hybrid participation, including, but not limited to, by means of a video or telephone conferencing platform. Such a request by the moderator to the select board or board of selectmen shall be in writing and shall include, but shall not be limited to: (i) the moderator’s determination and request to hold a town meeting through remote participation in accordance with this section; (ii) the video or telephone conferencing platform the moderator has determined to use to hold the town meeting; (iii) confirmation that the moderator has consulted with the local disability commission or coordinator for federal Americans with Disabilities Act compliance; and (iv) a certification by the moderator that: (A) the moderator has tested the video or telephone conferencing platform; and (B) the platform satisfactorily enables the town meeting to be conducted in substantially the same manner as if the meeting occurred in person at a physical location and in accordance with the operational and functional requirements set forth in this section.
A video or telephone conference platform used by a town meeting for remote or hybrid participation under this section shall, at minimum, provide for the ability for: (i) the moderator, town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remotely-held town meeting, as well as any other individuals who participate in the remotely-held town meeting; (ii) the ability to determine whether a quorum is present; (iii) a town meeting member, town official or other individual to request recognition by the moderator without prior authorization; provided, however, that to the extent technologically feasible, the request is visible or audible to the public in real time and upon review of the recording of the town meeting proceedings, preserved according to subsection (h); (iv) the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, raise a point of order or object to a request for unanimous consent; (v) the moderator to recognize a town meeting member, town official or other individual to speak and to enable that person to speak; (vi) the ability to conduct a roll call vote; (vii) any interested members of the public to access the meeting remotely for purposes of witnessing the deliberations and actions taken at the town meeting; and (viii) the town meeting to be recorded. Registered voters residing in the town wishing to participate in a remote town meeting conducted pursuant to this section shall submit a request to participate to the town clerk not less than 48 hours in advance of the town meeting. Upon receipt of the request and verification of the requester’s voter registration status, the clerk shall provide to the requester instructions for participating in the remote town meeting.
(b) Not later than 10 business days following receipt of a written request by the moderator for remote or hybrid participation at a town meeting pursuant to subsection (a), the select board or board of selectmen shall vote to determine if the town meeting shall be held remotely by means of the video or telephone conferencing platform requested by the moderator.
(c) If the select board or board of selectmen votes to approve the request of the moderator for remote or hybrid participation at a town meeting the select board shall issue, a notice that expressly states: (i) that the town meeting shall be held remotely by means of the video or telephone conferencing platform requested by the moderator; (ii) the date and time of the meeting; and (iii) any information necessary for the moderator, town meeting members, town officials and interested members of the public to access and witness the deliberations and actions taken at the town meeting remotely.
The notice issued by the select board or board of selectmen shall be: (i) accompanied by the written request of the moderator submitted to the select board or board of selectmen under subsection (a); (ii) filed and posted in accordance with the requirements of subsection (b) of section 10A of chapter 39 of the General Laws; (iii) publicly posted not less than 10 days before the scheduled date of the remote town meeting. The notice may include a date, time and place for the town meeting to be resumed if the town meeting does not vote to continue the town meeting remotely pursuant to subsection (f).
(d) If the select board or board of selectmen votes to approve the request of the moderator for remote or hybrid participation at a town meeting and the select board or board of selectmen has not yet issued a warrant for a town meeting, the select board or board of selectmen shall approve and issue a warrant pursuant to section 10 of said chapter 39 for the town meeting that expressly states: (i) that the town meeting shall be held remotely or hybrid by means of the video or telephone conferencing platform requested by the moderator; (ii) the date and time of the meeting; and (iii) any information necessary for access and witness the deliberations and actions taken at the town meeting remotely.
The warrant issued by the select board or board of selectmen shall be: (i) accompanied by the written request of the moderator submitted to the select board or board of selectmen under subsection (a); and (ii) filed in accordance with said section 10 of said chapter 39, all other applicable laws and any relevant provisions of the town charter or by-laws. The warrant may include a date, time and place for the town meeting to be resumed if the town meeting does not vote to continue the town meeting remotely pursuant to subsection (f).
(e) Not later than 5 business days after a vote of the select board or board of selectmen to approve the request of the moderator to hold a town meeting remotely or hybrid pursuant to subsection (c) or (d), the town clerk shall submit certified copies of the vote of the select board or board of selectmen and the written request of the moderator to the attorney general.
(f) Any roll call vote taken at a representative or open town meeting held through remote or hybrid participation pursuant to this section shall be taken by any means that the moderator determines accurately and securely records the votes of those entitled to vote at the meeting, including, but not limited to, roll call vote, electronic voting, voting by ballot, voting by phone or any combination thereof. The vote of each voting member on a roll call vote shall be recorded and kept with the minutes of the town meeting.
(g) A representative or open town meeting held remotely or hybrid pursuant to this section shall be recorded and the recording shall be preserved and made publicly available on the town’s website for not less than 90 days after the conclusion of the remote or hybrid town meeting.
(h) All actions taken during a remote or hybrid town meeting held pursuant to this section are hereby ratified, validated and confirmed to the same extent as if the town meeting had been conducted in person and such actions are in accordance with all other applicable laws, charter provisions, ordinances and by-laws.
(j) The attorney general shall develop and adopt standards and guidelines for remote or hybrid participation of town meetings.
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An Act recognizing Sikh appreciation month
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H3026
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HD406
| 193
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{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-12T15:41:07.937'}
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[{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-12T15:41:07.9366667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T15:42:16.72'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-31T16:20:40.3466667'}]
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{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-12T15:41:07.937'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3026/DocumentHistoryActions
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Bill
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By Representatives Duffy of Holyoke and Barber of Somerville, a petition (accompanied by bill, House, No. 3026) of Patricia A. Duffy, Christine P. Barber and Sean Garballey relative to providing for the annual issuance of a proclamation by the Governor setting apart the month of April as Sikh appreciation month. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by adding the following section:-
Section 15NNNNNN: The Governor shall annually issue a proclamation setting apart the month of April as Sikh Appreciation Month in recognition of the significant contributions Sikhs have made to the Commonwealth and to the United States. The Governor shall recommend that said month be observed in an appropriate manner by the people.
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Resolve establishing a study of public safety & security facilities
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H3027
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HD1028
| 193
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{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:39:21.267'}
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[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-11T16:39:21.2666667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-10T14:02:37.1733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:20:44.1166667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:32:51.4166667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-18T08:59:58.13'}]
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-17T11:53:40.653'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3027/DocumentHistoryActions
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Resolve
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By Representative Farley-Bouvier of Pittsfield and Senator Mark, a joint petition (accompanied by resolve, House, No. 3027) of Tricia Farley-Bouvier, Paul W. Mark and others for an investigation by the Division of Capital Asset Management and Maintenance of the ability to pay for costs associated public safety and security facilities in certain cities. State Administration and Regulatory Oversight.
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Resolved, notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance, hereinafter “DCAMM”, shall, in consultation with the executive office of public safety and security, conduct a study of public safety and security facilities located in: municipalities with capital spending authorizations; in gateway municipalities, as defined in section 3A of chapter 23A; and municipalities experiencing a difficulty to pay for capital improvements to their public safety and security facilities; provided further, public safety and security facilities shall also include municipally owned facilities and state owned facilities, as provided in chapter 61 of the acts of 2009.
DCAMM shall study issues and make recommendations relating to the ability of municipalities to pay for costs associated with, but not limited to, repairs, construction, renovations, improvements, remediation, rehabilitation, modernization and demolition of public safety and security facilities. The study shall further identify public safety and security facilities in municipalities that are in immediate need of fiscal support and capital improvements.
DCAMM shall file a report of their findings and recommendations with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the house and senate chairs of public safety and homeland security and the house and senate chairs of the gateway cities legislative caucus, not later than March 31, 2024.
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An Act relative to resilient buildings and climate preparedness
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H3028
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HD3917
| 193
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{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T23:54:01.773'}
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[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-18T23:54:01.7733333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-06-14T14:41:03.38'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-03T11:50:15.8533333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-05-01T16:54:39.7533333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-04-11T13:41:47.4933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T11:48:22.6066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-04-06T08:46:08.9766667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:38:12.1366667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-10T11:38:22.82'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:28:34.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3028/DocumentHistoryActions
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Bill
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By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 3028) of Dylan A. Fernandes and others relative to the State Board of Building Regulations and Standards. [Corrected] State Administration and Regulatory Oversight.
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SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after section 93 the following section:-
Section 93A. Definitions
As used in sections ninety-two to one hundred, inclusive, the following words shall, unless the context otherwise requires, have the following meanings:
“Expanded floodplain map”, any map adopted by a city or town by ordinance or bylaw that establishes, using the best available science and data, the area at flood risk based on forward-looking climate projections or on past, documented flood history, to be used in addition to the federal emergency management agency’s flood insurance rate maps.
“Base flood elevation”, the elevation of surface water resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year.
“Climate resilience”, the ability to prepare and plan for, absorb, and recover from, and more successfully adapt to adverse events resulting from increased climate risks.
“Climate risks”, the reasonably foreseeable risks to the economy, public services and infrastructure, and public health and safety based on best available data and current science, that are attributable to current and reasonably foreseeable climate conditions, including but not limited to changes in sea level, storm frequency or intensity, drought, wind, extreme precipitation, and extreme temperature changes projected to occur as a result of climate change.
“Environmental justice population” as defined in Section 62 of chapter 30 of the General Laws.
“Exceptional non-financial hardship”, a non-financial hardship that would result from the failure to grant a requested variance and which is unusual and specific to the property involved. Exceptional non-financial hardship does not include inconvenience, aesthetic considerations, physical disabilities, personal preferences, or the disapproval of neighbors, homeowners associations, or subdivision boards.
SECTION 2. Section 93 of chapter 143, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
There is hereby established within the division of occupational licensure a board to be known as the state board of building regulations and standards, in this section and in sections ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a state building code. The board shall consist of 17 members, 1 of whom shall be the state fire marshall or their designee, one of whom shall be the commissioner of the division of occupational licensure or their designee, 1 of whom shall be the commissioner of energy resources or their designee, 1 of whom shall be the state National Flood Insurance Program Coordinator or their designee, and all 4 of whom shall serve ex-officio and shall be voting members of the board, and 13 persons to be appointed by the governor, one of whom shall be a registered architect, one of whom shall be a registered professional engineer who is a mechanical engineer, one of whom shall be a registered professional engineer who is a structural engineer, one of whom shall be a representative of the building trades, one of whom shall be a general contractor of commercial or industrial buildings, one of whom shall be a building contractor of one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in residential building energy efficiency, 1 of whom shall be an expert in advanced building technology, 1 of whom shall be an expert in climate resilience and adaptation planning, one of whom shall be an inspector of buildings in a town and one of whom shall be an inspector of buildings in a city. Organizations representing the appropriate constituencies shall submit names of persons for appointment as members to the board. Each member shall be appointed for a term of five years, except that in making initial appointments, the governor shall appoint one member for one year and two members to serve for two, three, four and five years respectively. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be eligible for reappointment for a second term, but shall not serve more than 10 total years. Any member of the board may be removed by the governor for cause, after being given a written statement of the charges and an opportunity to be heard thereon. No member shall act as a member of the board or vote in connection with any matter as to which their private right, distinct from public interest, is concerned.
SECTION 3. The Section 95 of chapter 143 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking all text and inserting in place the following:
Section 95. The powers and duties of the board set forth in section ninety-four shall be exercised to effect the following objectives:
(a) Uniform standards and requirements for construction and construction materials, compatible with accepted standards of engineering and fire prevention practices, energy conservation, climate resilience, and public health and safety. In the formulation of such standards and requirements, performance for the use intended shall be the test of acceptability, in accordance with accredited testing standards.
(b) Adoption of modern technical methods, devices and improvements which may reduce the cost of construction and maintenance over the life of the building and reduce the impacts of and damage from climate change without affecting the health, safety, and security of the occupants or users of the buildings.
(c) Elimination of restrictive, obsolete, conflicting and unnecessary building regulations and requirements which may increase the cost of construction and maintenance over the life of the building or delay unnecessarily the use of new materials, or which may provide unwarranted preferential treatment of types of classes of materials, products or methods of construction without affecting the health, safety, and security of the occupants or users of the buildings; provided, however, that such building regulations and requirements are not necessary to reduce the impacts of and damage from climate change.
SECTION 4. The Section 98 of chapter 143 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following after the first paragraph:
The board of selectmen in a town or the city council in a city may request the use of expanded floodplain maps, based on best available climate science, including forward-looking projections, and floodplain maps based on past, documented flood history, in addition to the federal emergency management agency flood insurance rate maps for the purposes of determining base flood elevation and mandating the applicability of flood-resistant construction standards as contained in the residential and commercial base building codes where flood hazard areas are referenced. The board of selectmen in a town or the city council in a city shall certify that the city or town has formally adopted the expanded floodplain maps for official use in the city or town by ordinance or bylaw. The expanded floodplain maps shall be made publicly accessible online. If the board finds, in consultation with the executive office of energy and environmental affairs, that the use of expanded floodplain maps is in the interest of public health and safety and in support of climate resilience and adaptation objectives, and with the general purposes of a statewide building code, the board shall, after notice to said board of selectmen or city council, and after a public hearing, adopt rules and regulations, and impose conditions in connection with the adoption thereof. If the board rejects the request, the board shall provide a written explanation of the rejection to the board of selectmen or the city council at which time the board of selectmen or city council may file an appeal within 30 days to the secretary of the executive office of housing and economic development who shall, in consultation with the secretary of the executive office of energy and environmental affairs, reconsider the request and respond to the appeal within 15 days.
SECTION 5. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:-
The appeals board may grant a variance from any provision of this code in any particular case, may determine the suitability of alternate materials and methods of construction, and may provide reasonable interpretations of the provisions of this code; provided, however, that appeals board decisions shall not conflict with the general objectives set forth in section ninety-five; provided further, that the board of building standards and regulations shall adopt a standard procedure for considering applications for variances to buildings or construction within a floodplain. Variances for buildings or construction within a floodway shall be granted in accordance with the following criteria, at minimum: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional non-financial hardship to the applicant, (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public offense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, and (iv) a determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
Upon the decision to grant a variance, the appeals board shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood elevation may result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.
SECTION 6. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby amended by inserting after clause (30) the following clause:
(31) develop and promulgate, in consultation with the executive office of housing and economic development and the board of building regulations and standards, as an appendix to the state building code and to the state residential code, a municipal opt-in specialized stretch resilience code that incorporates forward-looking data on climate risks including, but not limited to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns and that is more stringent than the most recent edition of the international building code and international residential code. The code shall include, at a minimum, the following provisions that go beyond those in the most recent edition of the state building code: i) requirements as to freeboard and elevation above base flood elevation based on forward-looking climate data and future flood risks, ii) requirements as to the location of utilities and other critical infrastructure within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv) requirements as to habitable space and uses of a structure, v) requirements as to points of ingress and egress, vi) requirements as to ability to withstand extreme winds, and vii) requirements as to ability to withstand extreme temperatures. The code shall also include any further language that is required to adequately prepare construction for future climate impacts including from wind, extreme temperature, and flooding.
The secretary of the executive office of energy and environmental affairs shall form and consult with an advisory committee in the development of the stretch resilience code. The advisory committee shall consist of at least 17 members who shall include: the secretary of energy and environmental affairs or their designee, the chair of the board of building regulations and standards or their designee, the secretary of the executive office of housing and economic development or their designee, the commissioner of public health or their designee, the director of the Massachusetts emergency management agency or their designee, the director of the office of coastal zone management or their designee, 1 representative from an organization that represents or serves an environmental justice community, 1 representative from an affordable housing organization, 1 representative from a regional planning organization, 1 member with professional expertise in climate science and data, 1 member who is a professional planner with experience in climate adaptation and resilience, 1 member who is a certified building inspector in a city or town, 1 member who is a municipal planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal engineer, 1 representative from the insurance industry, and 1 representative from the real estate development industry. The advisory committee shall be formed within six months of the bill being enacted and shall produce recommendations on requirements for the code within eighteen months of the bill being enacted. The stretch resilience code shall be promulgated no later than twenty-four months of the bill being enacted.
The secretary shall, in consultation with the board of building regulations and standards, review and update the stretch resilience code every three years, in accordance with Section 94 of chapter 143.
SECTION 7. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “resources” in the second paragraph, the following words:-,
the specialized stretch resilience code developed and promulgated by the executive office of energy and environmental affairs,
SECTION 8. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “resources” in the second paragraph, the following words:-,
and the specialized stretch resilience code developed and promulgated by the executive office of energy and environmental affairs,
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An Act establishing the Executive Office of Food Resources and Security
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H3029
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HD1674
| 193
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{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:34:01.183'}
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[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:34:01.1833333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T16:34:01.4333333'}]
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-18T16:34:01.183'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3029/DocumentHistoryActions
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Bill
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By Representatives Ferrante of Gloucester and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 3029) of Ann-Margaret Ferrante and Hannah Kane for legislation to establish an executive office of food resources and security. State Administration and Regulatory Oversight.
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SECTION 1. Section 2 of chapter 6A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “affairs”, in line 3, the following words:- , food resources and security.
SECTION 2. Section 3 of chapter 23G of the General Laws is hereby amended by inserting after the word “projects”, in line 89, as appearing in the 2012 Official Edition, the following words:- and loans to food producers selected by the department of investment and financing for food production pursuant to section 10 of chapter 28B.
SECTION 3. The General Laws are hereby amended by inserting after section 28A the following chapter:-
CHAPTER 28B.
EXECUTIVE OFFICE OF FOOD RESOURCES AND SECURITY
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Food Producer”, a person who produces food by farming, as that term is defined in section 1A of chapter 128, in the commonwealth, or by taking and selling fish, including shellfish, lobsters, edible crabs or other living marine resources, from coastal waters of the commonwealth under a commercial fishing license, permit or certificate issued pursuant to chapter 130.
“Food production”, the process by which a food producer cultivates, raises, harvests, collects, takes, gathers or otherwise handles plant or animal life, in whole or in part, whether or not embedded in the soil, for the purpose of offering for sale such plant or animal life, or part thereof, as food in the open market.
“Office”, the executive office of food resources and security.
“Secretary”, the secretary of food resources and security.
Section 2. There shall be an executive office of food resources and security, which shall be under the supervision and control of a secretary of food resources and security, appointed by the governor. The secretary may, pursuant to chapter 30A, adopt regulations for the implementation or interpretation of any law enforced or administered by any department, office, agency, or other entity in the executive office of food resources and security. In the executive office shall be the department of food production, the department of food labor and workforce development, the department of food innovation, development and research, the department of investment and financing for food production, the department of food security, identification and labeling, the department of economic development for locally-produced food, the department of nutrition and food health and the department of self-sufficiency for food production. Each department shall be headed by a commissioner. The executive office shall be organized and shall function as a single state agency with the authority and control for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate departments within the office and may designate such functions “core administrative functions” in order to improve administrative efficiency and preserve fiscal resources; provided, however, that common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, financial management, information technology, legal, procurement and asset management.
Each commissioner shall be appointed and may be removed by the secretary, with the approval of the governor. Each commissioner shall be a person of skill and experience in the field of his appointment. The commissioner of each department may adopt reasonable regulations to allow those employees within his or her department to testify in civil proceedings so as to further the performance of the department's business. The commissioner of each department shall appoint all necessary employees within the department, except as may be otherwise provided by law. The positions of commissioner shall not be subject to the provisions of chapter 31 or section 9A of chapter 30. Each commissioner shall perform such functions as may be assigned to him by the secretary and shall devote his full time during business hours to the duties of the position. In case of a vacancy or an emergency, the secretary may appoint a person as acting commissioner for a period not exceeding 6 months, of any of the above departments, provided, the appointee is a person of skill and experience in the field of his or her appointment. The positions of the commissioners shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30.
Section 3. The office and its appropriate departments shall carry out policy relative to food production and in so doing shall:
(1) foster and support food producers so they are able to effectively and safely produce, market and sell food in a sustainable manner throughout the commonwealth.
(2) promote job creation and economic development in food production and local food distribution;
(3) create a workforce in food production that gives rise to an attractive environment for next-generation food production workers and researchers;
(4) develop and administer programs and incentives to improve nutrition and promote healthy eating habits across all age groups;
(5) develop statewide polices to increase demand for local foods through marketing and branding initiatives, and improve market and environmental statistics to support such polices;
(6) encourage, support, and undertake research and maintain laboratory and other research facilities to produce information regarding the science of food production, transportation and consumption for the benefit of the commonwealth, its communities, its citizens and other interested parties;
(7) enter into contracts and partnerships with private and public institutions for the advancement of the goals and directives set forth in this chapter;
(8) develop and administer programs and recommendations to reduce input costs, while strengthening financing and business planning for food producers;
(9) develop and administer programs to strengthen food production in the commonwealth so that in the future, Massachusetts would be better suited to feed all its citizens without importation of food from other states;
(10) foster strong relationships with food producers and consumers to achieve the goals and directives set forth in this chapter while creating opportunities for cultural and economic growth for the citizens of this commonwealth;
(11) advise and assist local governments, private and public institutions, organizations and associations, businesses, industries, and individuals by providing and acting as a clearinghouse for food production and labeling and consumption information, data, and other materials;
(12) represent and act on behalf of the commonwealth in connection with federal grant programs;
(13) keep accounts, records, personal data, enter into contracts, adjust claims, accept gifts, grants, bequests and devises, and subject to appropriation, acquire real or personal property by eminent domain or otherwise;
(14) advise and assist state agencies, cities, towns, and other units of local government in the preparation of grant or loan applications with respect to any food production or protection programs;
(15) coordinate activities among public institutions of higher education to engage in complementary state educational programs and collaborative research initiatives regarding food production; and
(16) promulgate rules and regulations necessary to carry out their statutory responsibilities.
Section 4. The secretary shall have the following powers and duties concerning any power or duty assigned to any department:
(1) the power and duty to resolve administrative and jurisdictional conflicts between any such departments or officers;
(2) the power and duty to implement, upon request of any such department or officer, programs jointly agreed to by the secretary and such agency or officer; and
(3) the power and duty to coordinate and improve program activities involving 2 or more such departments or officers.
Section 5. The secretary shall conduct comprehensive planning with respect to the functions of the office and shall coordinate the activities and programs of the departments and divisions within the office. The secretary shall continually review the operations of the office with a view toward improving administrative organization, procedures and practices, promoting economy and efficiency.
The secretary shall prepare annually a report of the organization and activities of the office as individually reported by the various departments and divisions within the office, the assignment of functions to various administrative units, officers and employees, and of the established places at which, and the methods whereby, the public may receive information or may make requests, and such other matters as the secretary deem appropriate.
The secretary shall annually evaluate the status of the production, distribution, labeling and consumption of food within the commonwealth. This evaluation shall be submitted as a part of the report referred to in the preceding paragraph, and it shall be accompanied by recommendations for appropriate actions to be taken to achieve best practices with respect to the production, distribution, labeling and consumption of food within the commonwealth.
In order to carry out the provisions of this chapter the secretary may, and is encouraged to, seek the laboratory, technical, education, and research skills and facilities of state institutions of higher learning.
Section 6. Subject to appropriation, the secretary, with the approval of the governor, may appoint such experts and other assistants as he shall deem necessary to perform the functions of his office, provided that the provisions of chapter 31 and section 9A of chapter 30 shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the secretary, appointments to such positions in his office shall be made by promoting employees of the commonwealth serving in positions which are classified under chapter 31, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter 31 or in which he has tenure by reason of section 9A of chapter 30 shall be appointed to a position within his office which is not subject to the provisions of chapter 31, he shall upon termination of his service in such unclassified position be restored to the position which he held immediately prior to such appointment; provided, however, that his service in such unclassified position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter 31. Such restoration shall be made without impairment of his civil service status or tenure under section 9A of chapter 30 and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.
Section 7. There shall be a department of food production broadly tasked with promoting the effective, profitable and safe production of food throughout farms and fishing communities located in the commonwealth.
Section 8. There shall be a department of food labor and workforce development, which shall: (1) develop programs that provide economic incentive to food producers; (2) create a workforce in food production that gives rise to an attractive environment for future food production workers and researchers; and (3) encourage, support, and undertake research into alternative centers of economic growth for food production and distribution within the commonwealth, including projects like the Gloucester Genomics Institute.
Section 9. There shall be a department of food innovation, development and research, which shall undertake research and maintain laboratory and other research facilities to provide information to food producers and other interested parties regarding the science behind food production. The department shall undertake research regarding the impact that specific environmental, biological, meteorological and chemical conditions have on food production in the commonwealth in order to, develop new sciences, proposals and techniques for the conservation and enhancement of fields, water and wildlife for food production.
Section 10. There shall be a department of investment and financial planning for food production, which shall identify and select food producers who are eligible to receive loans from the Massachusetts Development Finance Agency pursuant to clause (17) of section 3 of chapter 23G, based on criteria to be determined by the department; provided, however, in selecting food producers pursuant to this section, the department shall give preference to food producers operating in designated port areas. The department shall research and investigate production and operation methods of food producers, including the possibility and efficacy for producers to utilize shared equipment and infrastructure, and make recommendations to reduce input costs associated with production and transportation. The department shall develop programs and make recommendations to food producers designed to attract entrepreneurs and other new investors with a focus on providing equity-like, risk capital for production growth to be supplied in smaller amounts and at lower returns.
Section 11. There shall be a department of food security, identification and labeling, which shall develop and administer programs and policies to improve food management and security and shall research the efficacy and implementation of next-generation food tracking systems, food management policies and labeling procedures to ensure a secure food infrastructure in the commonwealth.
Section 12. There shall be a department of economic development for locally-produced food that shall develop and administer public relations campaigns and marketing and branding programs to encourage public institutions and private businesses to purchase locally grown foods in order to strengthen and maintain local food producers positions in the local marketplace.
Section 13. There shall be a department of nutrition and food health, which shall develop and administer a public relations campaign and other programs designed to: (i) provide nutritional education to food producers and consumers; and (ii) encourage consumers to adopt healthy eating habits.
Section 14. There shall be a department of self-sufficiency for food production, which shall develop and administer programs to strengthen food production in the commonwealth so that in the future, Massachusetts would be better suited to feed all its citizens without importation of food from other states.
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An Act relative to sonographers and vascular technologists
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H303
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HD1338
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:09:56.14'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:09:56.14'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H303/DocumentHistoryActions
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 303) of Colleen M. Garry relative to sonographers and vascular technologists. Consumer Protection and Professional Licensure.
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Chapter 118E of the General Laws is hereby amended by inserting after section 10J the following section:-
Section 10K. (a) The following words as used in this section, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:
“Licensed physician” or “surgeon”, a physician or surgeon licensed pursuant to chapter 112.
“Sonographer” or “vascular technologist”, a non-physician who is qualified by national credentialing to perform diagnostic medical ultrasound, including a ultrasound technologist or sinologist.
(b) The division shall require that a sonographer or vascular technologist who, provides the technical component of a diagnostic ultrasound service to an individual receiving services pursuant to this chapter shall be credentialed in the appropriate modality by the American Registry for Diagnostic Medical Sonography or Cardiovascular Credentialing International or shall practice in a laboratory accredited by the American Institute of Ultrasound in Medicine, the American Society for the Intersocietal Accreditation of Vascular Laboratories, or the Intersocietal Commission for the Accreditation of Echocardiography Laboratories.
(c) Any sonographer or vascular technologist who is credentialed as required in paragraph (b) shall perform the diagnostic ultrasound under the supervision of a licensed physician or surgeon.
(d) This section and policies and procedures adopted pursuant to this section shall not prohibit any physician or surgeon licensed pursuant to chapter 112 from performing the technical component of a diagnostic ultrasound.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to the definition of fraud in public construction bid laws
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H3030
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HD1615
| 193
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{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:14:53.667'}
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[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:14:53.6666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3030/DocumentHistoryActions
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Bill
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By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 3030) of Ann-Margaret Ferrante relative to the definition of fraud in public construction bid laws. State Administration and Regulatory Oversight.
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SECTION 1. Subsection (a) of section 39M of chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 21 to 23, the words “The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person” and inserting in place thereof the following words:-
The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any person and contains no intentional misrepresentations, omissions or false statements. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or any other business or legal entity.
SECTION 2. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “ Eligible” the following definition:-
“Fraud”, a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon;
And further, by striking the definition of “responsible" and inserting in place thereof the following new definition:-
““Responsible” means demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by a particular contract, based upon a determination of competent workmanship and financial soundness in accordance with the provisions of section forty-four D of this chapter and shall certify that his bid contains now misrepresentations, omissions, or false statements.”
SECTION 3. Section 2 of chapter 149A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Designer” the following definition:-
“Fraud”, a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon.
SECTION 4. Section 19 of said chapter 149A of the General Laws, as so appearing, is hereby amended by striking out the clause six in its entirety, and replacing it with the following:-
“(6) The RFP shall require that every response shall be accompanied by a bid deposit in the form of a bid bond, or cash, or a certified check on, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the awarding authority. The amount of such bid deposit shall be 5 per cent of the value of the bid. Any person submitting a bid under this sections hall, on such a bid, certify as follows:
The undersigned certifies under penalty of perjury that this bid is in all respects bona fide, fair, made without collusion with any other person and contains no intentional material misrepresentations, omissions or false statements. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.”
SECTION 5. Subsection (f) of section 8 of chapter 149A, as so appearing, is hereby amended by striking the fourth sentence and replacing it with the following new language:-
“The decision of the prequalification committee shall be final and not subject to appeal except on the grounds that a submission contains intentional, material misrepresentations, omissions, or false statements, or of collusion.”
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An Act relative to the 401(k) CORE program
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H3031
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HD1669
| 193
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{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:30:17.46'}
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[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:30:17.46'}, {'Id': None, 'Name': 'Deborah B. Goldberg', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T14:24:02.62'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3031/DocumentHistoryActions
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Bill
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By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 3031) of Ann-Margaret Ferrante and Deborah B. Goldberg (Treasurer and Receiver General) relative to administering the deferred compensation program. State Administration and Regulatory Oversight.
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SECTION 1. Section 64E of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in lines 5 and 6, the words “and employing not more than 20 persons,”
SECTION 2. Said section 64E of said chapter 29, as so appearing, is hereby further amended by inserting at the end thereof the following subsection:-
(g) Notwithstanding any general or special law to the contrary, the state treasurer, or designee, may seek to reduce operating expenses for the plan through private donations or grants, which may include direct and indirect fundraising.
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An Act relative to timely public payments for work not included in original construction contracts
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H3032
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HD147
| 193
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{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:30:49.053'}
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[{'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-01-10T13:30:49.0533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3032/DocumentHistoryActions
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Bill
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By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 3032) of William C. Galvin relative to timely payments for work not included in public construction contracts. State Administration and Regulatory Oversight.
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SECTION 1. Section 39G of chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the sixth paragraph the following paragraph:-
The awarding authority shall pay for all work: (1) performed pursuant to a signed Time and Materials itemized invoice (T&Ms), Extra Work Orders (EWOs) and Notice To Proceed (NTPs); all are contract modification, as defined in section 17 of chapter 7C, or (2) on a time and materials basis in the manner provided by this section. Must be paid within Sixty five days. For the purposes of this section, time and materials basis shall mean the amount of time invested in performing the contract and the cost of the materials used in the performance of the contract.
SECTION 2. Section 39K of chapter 30 is hereby amended by adding the following paragraph:-
The awarding authority shall pay for all work performed pursuant to a signed Time and Material itemized invoice (T&Ms), Extra Work Orders (EWOs) and Notice To Proceed (NTPs); all are contract modification, as defined in section 17 of chapter 7C, or (2) on a time and materials basis in the manner provided by this section. Must be paid within Sixty five days as defined in section 17 of chapter 7C, or (2) on a time and materials basis in the manner provided by this section. For the purposes of this section, time and materials basis shall mean the amount of time invested in performing the contract and the cost of the materials used in the performance of the contract.
SECTION 3. Chapter 30 of the General Laws is hereby amended by adding the following section:-
Section 39U. Payment for Work Not Included in the Original Contract
Every contract subject to section 44A of chapter 149 or subject to section 39M of chapter 30 or subject to chapter 149A, and every subcontract or trade contract as applicable, shall provide a reasonable time period within which a written request submitted by a person seeking an increase in the contract price shall be approved or rejected, whether in whole or in part. The time period shall not exceed 30 days after the later of commencement of the performance of the work on which the request is based or submission of the written request; provided, however, that the time period, as applicable to approval or rejection by the person at each tier of contract below the owner of the project, may be extended by 7 days more than the time period applicable to the person at the tier of contract above the person. A request which is neither approved nor rejected within such time period shall be deemed to be approved and may be submitted for payment within the next application for a periodic progress payment, unless it is rejected before the date payment if due. A rejection of a request, whether in whole or in part, shall be made in writing, shall include an explanation of the factual and contractual basis for the rejection and shall be certified as made in good faith. A rejection of a request shall be subject to the applicable dispute resolution procedure. A provision in the contract which requires a party to delay commencement of the procedure until a date later than 60 days after the rejection shall be void and unenforceable.
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An Act relating to public access to historical records
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H3033
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HD3929
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T15:26:49.15'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T15:26:49.15'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:26:49.4166667'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-26T11:36:14.7366667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-26T16:31:32.8866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:31:32.8866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T16:31:32.8866667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:31:32.8866667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-27T14:30:27.48'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-30T14:48:09.1866667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:48:09.1866667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-02T11:07:26.7533333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:57:16.0866667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-06T10:37:18.04'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T12:35:19.15'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-08T12:49:04.87'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-13T10:30:20.0733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T10:30:20.0733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T10:54:38.2566667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-19T16:12:25.0666667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-18T16:49:50.8933333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-05T13:42:10.2966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-27T15:31:51.19'}]
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{'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:26:49.15'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3033/DocumentHistoryActions
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Bill
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By Representatives Garballey of Arlington and Domb of Amherst, a petition (accompanied by bill, House, No. 3033) of Sean Garballey, Mindy Domb and others for legislation to further regulate public access to historical records. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of Chapter 66 of the General Laws, is hereby amended by inserting at the end thereto the following sentence: All records in the custody of the state secretary shall be open to public inspection and available for copying after the expiration of seventy-five years from creation of the record.
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An Act relative to MWRA employees
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H3034
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HD2588
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T16:00:53.11'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T16:00:53.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3034/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 3034) of Sean Garballey relative to privatization contracts of the Massachusetts Water Resources Authority. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Massachusetts Water Resources Authority shall be subject to the provisions of Chapter 296 of the Acts of 1993.
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An Act requiring state procurement of low-carbon building materials
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H3035
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HD2668
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:52:24.107'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T14:52:24.1066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-27T10:02:32.1333333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-27T10:02:32.1333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-05T17:18:45.98'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-26T15:53:56.4833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-26T15:53:56.4833333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-06-16T09:35:27.3833333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-06-16T09:34:59.72'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3035/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 3035) of Sean Garballey for legislation to require state procurement of low-carbon building materials. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 73. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Division”, the division of capital asset management and maintenance.
“Eligible material", the following materials, when used in the construction of an eligible project: (i) asphalt and asphalt mixtures; (ii) cement and concrete mixtures; (iii) glass; (iv) post-tension steel; (v) reinforcing steel; (vi) structural steel; (vii) wood structural elements; (viii) insulation; or (ix) other materials the division designates by rule after consultation with the technical advisory committee.
"Eligible project", a building project for which a state agency issues a solicitation on or after January 1, 2024; provided, that “eligible project” shall not include any maintenance program for the upkeep of a capital facility or any road, highway, or bridge project.
“Emergency procurement”, a procurement conforming to the requirements of section 8 of chapter 30B.
“Global warming potential”, a numeric value that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks.
"Greenhouse gas'', any chemical or physical substance that is emitted into the air and that the department of environmental protection may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
“Technical advisory committee”, the committee described in subsection (h).
(b) By January 1, 2024, the division shall establish by policy a maximum acceptable global warming potential for each category of eligible materials used in an eligible project. The initial maximum acceptable global warming potential for each eligible material shall be set by the division after consultation with the technical advisory committee and shall be no higher than the 75th percentile of national industry global warming potential emissions for that material; provided that if sufficient data is available for a category of eligible material at the regional level, the division shall set a maximum acceptable global warming potential for that eligible material that is no higher than the 75th percentile of regional industry global warming potential emissions for that material. The division shall determine the 75th percentile of national industry global warming potential emissions for each material by consulting nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions. The division shall express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials. The global warming potential shall be provided in a manner that is consistent with criteria in an environmental product declaration. The division, in consultation with the technical advisory committee, may establish additional subcategories within each eligible material with distinct maximum acceptable global warming potential limits. The policy may permit maximum acceptable global warming potential for each eligible material category in the aggregate. In establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project, the division may consult with any other relevant department or division of state government.
By January 1, 2026, and every two years thereafter, division shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number for any eligible material to reflect industry conditions after consultation with the technical advisory committee. The division shall not adjust the number upward for any eligible material. In administering this section, the division shall strive to achieve a continuous reduction of greenhouse gas emissions over time.
(c) For any solicitation for a contract for the design of an eligible project, a state agency shall require the designer who is awarded the contract to include in project specifications when final construction documents are released, for each eligible material proposed to be used in the eligible project, a requirement for the contractor submit a current environmental product declaration, type III, as defined by the international organization for standardization’s standard 14025:2006, or a similarly robust life cycle assessment method chosen by the division that has uniform standards in data collection. The environmental product declaration shall demonstrate that the eligible materials proposed to be used in the eligible project meet the maximum acceptable global warming potential for each category of eligible materials.
(d) For any solicitation for a contract for an eligible project, a state agency shall specify the eligible materials that will be used in the project and reasonable minimum usage thresholds below which the requirements of this section shall not apply. The department, in consultation with the technical advisory committee, shall specify the threshold amount by rule. A state agency may include in a specification for solicitations for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined pursuant to subsection (b) of this section.
(e) A contractor that is awarded a contract for an eligible project shall not install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (c) of this section. The environmental product declaration shall be deemed approved if it complies with the original specification required by subsection (c) of this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the division and install an alternative eligible material with an environmental product declaration.
(f) A state agency may waive the requirements of subsection (c) when it conducts an emergency procurement for eligible materials or when it determines that: (1) a relevant product category rule does not exist; (2) requiring an environmental product declaration will impermissibly reduce competition for public contracts or otherwise contravene the requirements of state procurement law; (3) requiring an environmental product declaration would unreasonably affect the state agency’s specifications or requirements for eligible materials or impair the state agency’s construction activities; (4) an environmental product declaration is not necessary to measure or quantify greenhouse gas emissions; (5) a product that meets the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available on a reasonable basis at the time of design or construction; or (6) determines after consultation with the technical advisory committee that other considerations outweigh the need for requiring an environmental product declaration. Each state agency shall report the waivers it awards to the division.
(g) Beginning in 2024, and in each year thereafter, the division shall prepare a report for the general court, in consultation with the technical advisory committee, that includes the following information: (i) for the report prepared in 2024 only, a description of the method that division used to develop the maximum acceptable global warming potential for each category of eligible materials; (ii) what the division has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; (iii) any obstacles the division as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials; and (iv) any other matters the division, in consultation with the technical advisory committee, deems relevant, material or important to highlight or recommend to the general court.
(h) The division, in conjunction with the department of energy resources, shall establish a technical advisory committee to assist the division with issues related to implementing the policy described in subsection (b). Members of the technical advisory committee shall include, but shall not be limited to, representatives from the division, the department of energy resources, the Massachusetts clean energy technology center, the department of environmental protection, construction firms engaged in construction and maintenance of eligible projects, suppliers of eligible materials, construction and material supplier industry associations, workers in construction or manufacturing industries, environmental organizations, and public institutions of higher education. The commissioner of the division shall serve as chair of the technical advisory committee. The division shall appoint a replacement for any vacancy on the technical advisory committee. A majority of the members of the technical advisory committee shall constitute a quorum. The technical advisory committee must meet at least four times within each calendar year at times and places specified by the call of the chair. Members of the technical advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the technical advisory committee. The division and the department of energy resources shall provide staff support to the technical advisory committee.
The technical advisory committee shall: (1) recommend quantities of eligible materials below which the department need not require an environmental product declaration; (2) advise the division as needed to prepare the reports required under subsection (g); (3) advise and guide the department concerning: (i) the extent to which environmental product declarations or similarly robust life cycle assessment methods are available or are in development; (ii) the time within which a contractor must submit an environmental product declaration and any related information; (iii) how to properly analyze or interpret an environmental product declaration; (iv) the content of and criteria for devising, adopting and implementing the policy described in subsection (b); (v) potential changes to the design or implementation of the policy described in subsection (b) in light of technological advances and the need to maintain reasonable competition for public contracts; (vi) the maximum acceptable global warming potential for each eligible material; (vii) other matters the technical advisory committee deems necessary to achieve the goals of the program. The technical advisory committee may recommend to the division additional materials for designation as eligible materials.
SECTION 2. Chapter 81 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 33. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Eligible material”, includes (1) concrete, including ready mix concrete, shotcrete, precast concrete and concrete masonry units; (2) asphalt paving mixtures; (3) steel, including rebar, reinforcing steel and structural steel, hot-rolled sections, hollow sections, plate steel and cold-formed steel; and (4) other materials the department designates by rule after consultation with the technical advisory committee.
“Emergency procurement”, a procurement conforming to the requirements of section 8 of chapter 30B.
“Global warming potential”, a numeric value that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks.
"Greenhouse gas'', any chemical or physical substance that is emitted into the air and that the department of environmental protection may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
“Technical advisory committee”, the committee described in subsection (i).
(b) The department, not later than January 1, 2024, shall establish a program for greenhouse gas reduction that: (1) assesses the greenhouse gas emissions attributable to eligible materials the department uses in the department’s construction and maintenance activities for state highways; (2) conducts life cycle assessments of a selected set of the department’s construction and maintenance activities; and (3) devises strategies for reducing greenhouse gas emissions that shall include, but are not limited to: (i) improving pavement and bridge conditions; and (ii) establishing by policy a maximum acceptable global warming potential for each category of eligible material the department uses in the department’s construction and maintenance activities for state highways. In administering this section, the department shall strive to achieve a continuous reduction of greenhouse gas emissions over time.
In establishing the program, the department shall identify and disclose in any reports the department produces all relevant measurement difficulties, deficiencies in needed data, assumptions, uncertainties, technological limitations, costs associated with assessment and implementation, and any other relevant limitations of methodology, practice or implementation.
(c) In devising the strategies described in subsection (b), the department, at a minimum, shall consider and evaluate: (1) advancements in materials and engineering as applied to greenhouse gas emission reduction; (2) regional variability in the quality and durability of aggregates and other components of eligible materials; (3) the types and effects of fuels available for use in manufacturing, transporting and using eligible materials; (4) the quality and performance of the eligible materials; and (5) any other factors that the department, in consultation with the technical advisory committee, deems relevant and useful.
(d) The department may conduct the assessments and devise the strategies described in subsection (b) separately for each of the six highway districts, accounting for differences among the districts with respect to the availability of eligible materials, fuel and other necessary resources and the quantity of eligible materials the department uses or plans to use.
(e) In procuring eligible materials for the program described in subsection (b), the department shall require contractors to submit an environmental product declaration, type III, as defined by the international organization for standardization’s standard 14025:2006, or a similarly robust life cycle assessment method chosen by the division that has uniform standards in data collection, before the contractor installs the eligible materials, unless the department: (1) conducts an emergency procurement for the eligible materials; (2) determines that a relevant product category rule does not exist; (3) determines that requiring an environmental product declaration will impermissibly reduce competition for public contracts or otherwise contravene the requirements of state procurement law; (4) determines that requiring an environmental product declaration would unreasonably affect the department’s specifications or requirements for eligible materials or impair the department’s construction or maintenance activities; (5) determines that an environmental product declaration is not necessary to measure or quantify greenhouse gas emissions; or (6) determines after consultation with the technical advisory committee that other considerations outweigh the need for requiring an environmental product declaration or that a construction or maintenance activity would use less than a threshold amount of eligible materials. The department, in consultation with the technical advisory committee, shall specify the threshold amount by rule.
(f) Notwithstanding subsection (b), in procuring asphalt paving mixtures, the department may allow contractors to submit an environmental product declaration within a reasonable time after executing a public contract for constructing roads or acquiring materials or within the time required for such declaration or assessment to be prepared, but not later than the date on which the contractor completes performance of the public contract.
(g) The department may not use an environmental product declaration as a consideration in ranking or scoring a bid or proposal before January 1, 2025, but thereafter may consider an environmental product declaration if the department determines that doing so is beneficial and if, after consulting with the technical advisory committee, construction contractors, material suppliers and other stakeholders, the department devises a scoring methodology that ensures fairness among bidders.
(h) Each year by not later than December 31 the department shall file a report with the joint committee on transportation, the house and senate committees on global warming and climate change, and the house and senate committees on ways and means detailing the progress of the program. The department shall prepare each annual report in consultation with the technical advisory committee and the report, at a minimum, shall include: (1) a description of the department’s efforts to design and implement the program, an evaluation of the department’s success in reducing greenhouse gas emissions by means of environmental product declarations and recommendations as to whether to expand the program; and (2) any other matters the department, in consultation with the technical advisory committee, deems relevant, material or important to highlight or recommend to the general court.
(i) The department shall establish a technical advisory committee to assist the department with issues related to implementing the program described in subsection (b). Members of the technical advisory committee shall include, but shall not be limited to, representatives from the department of transportation, the department of energy resources, the Massachusetts clean energy technology center, the department of environmental protection, construction firms engaged in transportation construction and maintenance, suppliers of eligible materials, construction and material supplier industry associations, workers in construction or manufacturing industries, environmental organizations, and public institutions of higher education. The highway administrator shall serve as chair of the technical advisory committee. The department shall appoint a replacement for any vacancy on the technical advisory committee. A majority of the members of the technical advisory committee shall constitute a quorum. The technical advisory committee must meet at least four times within each calendar year at times and places specified by the call of the chair. Members of the technical advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the technical advisory committee. The department shall provide staff support to the technical advisory committee.
The technical advisory committee shall: (1) recommend quantities of eligible materials below which the department need not require an environmental product declaration; (2) advise the department as needed to prepare the reports required under subsection (h); (3) advise and guide the department concerning: (i) the extent to which environmental product declarations or similarly robust life cycle assessment methods are available or are in development; (ii) which of the department’s construction and maintenance activities are appropriate for inclusion in the program described in subsection (b); (iii) the time within which a contractor must submit an environmental product declaration and any related information; (iv) how to properly analyze or interpret an environmental product declaration; (v) the content of and criteria for devising, adopting and implementing the strategies described in subsection (b); (vi) potential changes to the design or implementation of the program described in subsection (b) in light of technological advances and the need to maintain reasonable competition for public contracts; and (vii) other matters the technical advisory committee deems necessary to achieve the goals of the program. The technical advisory committee may recommend to the department additional materials for designation as eligible materials.
SECTION 3. The Massachusetts clean energy technology center established in section 2 of chapter 23J shall create a grant program to assist manufacturers of eligible materials, as defined in section 73 of chapter 7C and section 33 of chapter 81, in developing environmental product declarations, type III, as defined by the international organization for standardization’s standard 14025:2006.
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An Act to allow the city of Medford to transfer conservation land
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H3036
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HD3723
| 193
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{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T15:28:27.91'}
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[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-18T15:28:27.91'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3036/DocumentHistoryActions
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Bill
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By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 3036) of Sean Garballey that the commissioner of Capital Asset Management and Maintenance be authorized to grant an easement and right-of-way for certain conservation land in the city of Medford to Boston Gas Company. State Administration and Regulatory Oversight.
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SECTION 1. (a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may grant a perpetual, permanent subsurface easement and right-of-way for the purposes of installing, construction, re-constructing, repairing, replacing, adding to, operating and maintaining subsurface gas facilities, including, but not limited to, gas mains, lines and/or pipes, together with all necessary appurtenances and accessories thereto, on portions of land under the care and control of the department of conservation and recreation in the city of Medford, to Boston Gas Company and its successors and assigns. The subsurface easement and right-of-way shall be 20 feet in width with the gas facilities being the centerline and run over, under and through portions of land on the northerly and southerly side of the Mystic river known as the Mystic river state reservation, on the easterly side of Winthrop street, between the Mystic Valley parkway and South street in the city of Medford.
The portions of land, over, under and through which the easement and right-of-way shall be granted are more particularly described as land subject to an order of taking dated November 26, 1899 and recorded in Middlesex south registry of deeds in book 2787, page 537 and under the control of and used by the department of conservation and restriction. The subsurface gas facilities and the associated permanent 20-foot wide easement and right-of-way shall be situated on land between the Winthrop street municipal right-of-way boundary and traversing southerly under the Mystic river to the South street municipal right-of-way boundary and shall apply to approximately 2.4 acres of land in the aggregate, more or less (the “Easement Area”), as shown on a plan entitled “Proposed Easement Plan, Proposed Gas Main Installation, 12” MDPE and 12” HDPE (25 PSIG), Winthrop Street, Medford, MA”, prepared by BL Companies and dated 01/13/2023 (the “Easement Plan”). The permanent 20 foot wide easement and right-of-way shall grant the right to install, construct, reconstruct, repair, replace, relocate, add to, operate and maintain subsurface gas facilities, including, but not limited to, gas mains, lines and/or pipes, and all necessary appurtenances and accessories thereto (the “Gas Facilities”); together with the perpetual right and easement to pass and repass on foot and with vehicles and equipment within and along the Easement Area and to access the Easement Area as reasonably required over the adjoining lands of the grantor to and from the public ways, the perpetual right and easement to clear and keep cleared the Easement Area of trees, underbrush and obstructions that may interfere with the Gas Facilities or access thereto, the perpetual right and easement at any time and at all times to renew, replace, remove, add to, modify and otherwise change the Gas Facilities and the locations thereof within the Easement Area; and the perpetual right and easement to change the grade of the Easement Area but only as is reasonable, necessary and proper in connection with the exercise of the foregoing rights and easements, subject, however, to the provisions of sections 3 and 4 below.
(b) The exact boundaries of the Easement Area are as shown on the Easement Plan, which Easement Plan shall be recorded with the Middlesex south registry of deeds. The easement shall be subject to such additional terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe, to ensure that environmental impacts associated with the use of the parcels are addressed and that the conveyance results in a net benefit to the park system. The easement shall contain a restriction that the easement shall only be used for the purpose of installing, constructing, reconstructing, repairing, replacing, adding to, operating, and maintaining the Gas Facilities.
SECTION 2. The consideration for the easement shall be the full and fair market value or the value in use, whichever is greater, of the easement as determined by the commissioner of capital asset management and maintenance pursuant to an independent professional appraisal contracted by the division. An appraisal for the full and fair market value and the value in use of the easement shall be prepared in accordance with usual and customary professional appraisal practices by a qualified appraiser commissioned by the commissioner of capital asset management and maintenance. The inspector general shall review and approve the appraisal. The inspector general shall prepare a report of the review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner of capital asset management and maintenance shall, 30 days before the grant of an easement authorized by this act, or any subsequent amendment thereto, submit the proposed easement and a report thereon to the inspector general for review and comment. The inspector general shall issue his review and comment within 15 days after receipt of the proposed easement or amendment. The commissioner shall submit the proposed easement or amendment and the reports and comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days before the execution of the easement or amendment.
SECTION 3. To ensure a no-net-loss of lands protected for conservation purposes, and to mitigate impacts upon parkland, in addition to the consideration due under section 2, the grant of easement shall only occur if the grantee has mitigated the impact of its activities to the satisfaction of the commissioner of conservation and recreation and commissioner of the division of capital asset management and maintenance. Mitigation shall include payment of a sum equal to such appraised fair market value or value in use or the sum of $5,000.00, whichever is greater, for the funding of the acquisition of land or an interest therein to be under the care and control of the department for conservation and recreation purposes. The funding shall be acceptable to the department of conservation and recreation and shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws. Any land or interest therein acquired by the department with such funding shall be permanently held and managed for conservation and recreation purposes by the department.
SECTION 4. Notwithstanding any general or special law to the contrary, Boston Gas Company shall be responsible for all costs and expenses including, but not limited to, actual costs incurred in connection with any engineering, surveys, appraisals and easement preparation related to the easement authorized in this act.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to technical changes in chapter 30B
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H3037
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HD1824
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T14:51:04.097'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T14:51:04.0966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T17:09:06.66'}]
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 3037) of Denise C. Garlick and Jason M. Lewis relative to technical changes to the uniform procurement law. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of chapter 30B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 10 and 11, and in lines 134 and 135, the words “thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven” and inserting in place thereof, in each instance, the following words:- 44 to 57, inclusive, of chapter 7C.
SECTION 2. Subsection (b) of said section 1 of said chapter 30B, as so appearing, is hereby amended by striking out clause (5), as so appearing, and inserting in place thereof the following clause:-
(5) a contract for the purchase of materials under specifications of the division of highways in the Massachusetts Department of Transportation and at prices established by the division, pursuant to advertising and bidding for such purpose, in connection with work to be performed under chapter 81 or chapter 90;
SECTION 3. Said section 1 of said chapter 30B, as so appearing, is hereby further amended by striking out, in line 109, as so appearing, the words “subclause (r)” and inserting in place thereof the following words:- subclause (s).
SECTION 4. Section 5 of said chapter 30B, as so appearing, is hereby amended by striking out, in lines 64 to 66, inclusive, as so appearing, the words “the provisions of section eleven A 1/2 of chapter thirty A, section nine G of chapter thirty-four or section twenty-three B of chapter thirty-nine” and inserting in place thereof the following words:- sections 18 to 25, inclusive, of chapter 30A.
SECTION 5. Section 16 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 46, the words “forty J of chapter seven” and inserting in place thereof the following words:- 38 of chapter 7C.
SECTION 6. Section 18 of said chapter 30B, as so appearing, is hereby amended by striking out the definition of “Disadvantaged vendor” and inserting in place thereof the following definition:-
“Disadvantaged vendor”, a business beneficially owned by at least 1 minority person as provided in the definition of “Minority-owned business” in subsection (b) of section 6 of chapter 7C and any business beneficially owned by at least 1 woman as provided in the definition of “Women-owned business” in said subsection (b) of said section 6 of said chapter 7C.
SECTION 7. Section 23 of said chapter 30B is hereby repealed.
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An Act relative to the consolidation of Inspector General annual reports
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H3038
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HD1825
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:26:36.733'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-17T15:26:36.7333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3038/DocumentHistoryActions
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 3038) of Denise C. Garlick relative to the consolidation of Inspector General annual reports. State Administration and Regulatory Oversight.
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SECTION 1. Section 9 of Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (e) and inserting in place thereof the following subsection:-
(e) The director shall submit to the inspector general, for inclusion in the annual report required by section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit the annual report to the joint committee on transportation on or before April 30 of each year. The secretary shall make the annual report and all such reports from previous years available on the department's website.
SECTION 2. Section 72 of Chapter 22C of the General Laws, as so appearing, is hereby amended by striking subsection (e) and inserting in place thereof the following subsection:-
(e) The director shall submit to the inspector general, for inclusion in the annual report required by section 12 of chapter 12A, a report of the unit's activities for the preceding calendar year including, but not limited to, findings referred to the inspector general for investigation. The inspector general shall submit the annual report to the joint committee on public safety and homeland security on or before April 30 of each year. The department shall make the annual report and all such reports from previous years available on the department's website.
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An Act relative to snow hauling and removal
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H3039
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HD2374
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T10:36:38.11'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T10:36:38.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3039/DocumentHistoryActions
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 3039) of Denise C. Garlick relative to snow hauling and removal contracts and Chapter 30B, the Uniform Procurement Act. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of chapter 30B of the General Laws is hereby amended by inserting after the word “plowing” the following words:- “, snow removal, and snow hauling”.
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An Act relative to notification of alcohol by volume in beers to be consumed on the premises
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H304
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HD1339
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:09:20.373'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:09:20.3733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H304/DocumentHistoryActions
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 304) of Colleen M. Garry relative to notification of alcohol by volume in beers to be consumed on the premises. Consumer Protection and Professional Licensure.
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Amend Chapter 138 by adding the following at the end thereof:
Section 79. All licensees for alcoholic beverages to be drunk on the premises shall list the alcohol by volume for each beer selection on their menu.
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An Act to modernize participation in public meetings
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H3040
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HD3261
| 193
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{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T15:40:03.7'}
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[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T15:40:03.7'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T10:22:47.47'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T09:11:00.9633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T12:25:40.3766667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-31T09:43:37.58'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T09:43:37.58'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-31T09:43:37.58'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T09:43:37.58'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T14:45:46.7566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T14:45:46.7566667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-31T14:45:46.7566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-31T15:58:28.07'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T14:16:16.2366667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T14:16:16.2366667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-02T09:33:33.42'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-03T08:53:24.19'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-03T08:53:24.19'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T08:53:24.19'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T11:26:24.4433333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-06T14:58:52.8233333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-06T14:58:52.8233333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-06T14:58:52.8233333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T14:58:52.8233333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T14:42:37.2033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T14:42:37.2033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T14:42:37.2033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T17:08:54.8166667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-08T14:43:44.1333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T15:02:36.6466667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T15:02:36.6466667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T10:17:13.7133333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-13T11:08:47.5'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:08:47.5'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-14T12:11:34.7366667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-02-16T09:13:56.2533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-16T09:13:56.2533333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T15:58:07.2733333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-23T17:53:32.81'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-16T09:41:43.19'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-03-16T09:41:43.19'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-24T16:23:45.2466667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-04-10T11:20:16.2566667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-04-10T11:20:16.2566667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-04-14T10:53:16.99'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-05-22T10:00:04.7166667'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-07-28T12:04:49.02'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-10-15T20:58:08.5933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3040/DocumentHistoryActions
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Bill
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By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 3040) of Denise C. Garlick and others relative to providing for hybrid access to public meetings. State Administration and Regulatory Oversight.
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SECTION 1. Section 18 of chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following:-
“Hybrid meeting”, a meeting conducted simultaneously in a public place that is open and physically accessible to the public and via remote access.
“Remote access”, access through the internet, video conferencing or other video technology that allows a person to view and, when permitted or required, to participate in a meeting of a public body.
SECTION 2. Said chapter 30A is hereby further amended by striking out section 20 and inserting in place thereof the following sections:
Section 20. (a) All meetings of a public body shall be open to the public, except for a meeting of a public body in executive session as provided in section 21. All meetings of a public body shall be conducted as hybrid meetings, except for public bodies operating under a hardship waiver, as provided in section 20B.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of the meeting, information about how to participate via remote access, and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) Such notice shall be filed and posted in the following manner:
(i) For meetings of a local public body, notice shall be filed with the municipal clerk, who shall post it to the municipal website and in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located.
(ii) For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies and notice shall be posted on the regional or district public body’s website.
(iii) For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within the district and each city or town clerk shall post the notice in the manner prescribed for local public bodies, and notice shall be posted on the regional school district’s website.
(iv) For meetings of a county public body, notice shall be filed in the office of the county commissioners for the county and shall be posted on the county public body’s website, and in a manner conspicuously visible to the public at all hours in the places as the county commissioners shall designate for the purpose.
(v) For meetings of a state public body, notice shall be filed with the attorney general by posting on a website under the procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division in the state secretary’s office and posted on the state public body’s website, or the website of its parent agency.
(d) A local public body, other than a local commission on disability, shall have at least one-third of its members physically present at all meetings. A member of the public body may participate in any meeting via remote access if such member is unable to be physically present at the public meeting location due to extraordinary circumstances, including but not limited to disability, illness, or caregiving responsibilities.
A state public body shall have at least one of its members physically present at all meetings.
(e) Members participating remotely shall not be deemed absent for the purposes of section 23D of chapter 39, shall count towards the quorum, and shall be permitted to vote remotely.
(f) All meetings of a state public body shall be video recorded by the body, and the recording shall be posted on the website of the public body within 10 business days after the meeting.
After notifying the chair, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting.
At the beginning of the meeting, the chair shall inform other attendees of any recordings.
(g) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and, if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting or may cause the person’s remote access to be restricted. The chair must exercise the powers conferred by this section in conformity with constitutional free speech protections. A public body shall not restrict public comment based on its content or viewpoint; provided, however, that a public body may limit public comment if the public comment: (i) pertains to matters outside the jurisdiction of the public body; (ii) does not pertain to the specific topics to which a particular meeting or portion of a meeting is dedicated; or (iii) is speech that clearly qualifies as a true threat or incitement to imminent unlawful conduct under constitutional standards.
(h) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
(i) Nothing in this section shall relieve a public body of the obligation to provide reasonable accommodations to persons with disabilities under the Americans with Disabilities Act.
Section 20A.
Remote access shall be subject to the following rules:
(i) A public body shall provide remote access without any paid subscription, toll, or similar charge.
(ii) All public bodies shall ensure remote access to meetings is accessible to persons with disabilities and provided in such a manner as to ensure effective communication and equal opportunity to participate to such persons. Consistent with the Americans with Disabilities Act, public bodies shall provide reasonable accommodations to persons with disabilities remotely accessing a meeting.
(iii) Members of a public body, whether participating in person at a physical meeting location or via remote access, shall participate in the same manner for the duration of that meeting.
(iv) The public body shall ensure that all its members can be heard and seen by members of the public while the meeting is being conducted.
(v) Members of the public participating via remote access shall maintain their video cameras on when offering public comment.
Section 20B.
(a) Public bodies that are open to the public shall be required to conduct all meetings as hybrid meetings, except as provided below.
(b) A municipality may request a hardship waiver from the attorney general’s office on behalf of any non-elected local public body or bodies that for reasons of economic hardship and despite best efforts are unable to conduct hybrid meetings.
A public body that is granted a hardship waiver shall be relieved of the obligation to conduct hybrid meetings and shall instead conduct its meetings via remote access.
If the attorney general’s office determines that for reasons of economic hardship and despite best efforts the public body is unable to conduct its meetings via remote access, the public body shall conduct its meetings in a public place that is open and physically accessible to the public.
A hardship waiver may be renewed annually, upon a written finding by the attorney general’s office; provided, however, that the municipality demonstrates substantial efforts to secure funding to enhance its technical and staffing capacity to conduct its meetings in a hybrid manner, including applying to the municipal hybrid meeting grant program established in section 12 of chapter 7D, or otherwise to overcome the reasons for requesting the waiver.
The attorney general’s office may not issue or renew a hardship waiver to be effective beyond January 1, 2030.
(c) A hardship waiver may not be issued to a state public body.
SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section QQQQQ the following section:-
Section 2RRRRR. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Municipal Hybrid Meeting Trust Fund that shall be administered by the office of municipal and school technology within the executive office of information technology services and security for the purpose of assisting municipalities expand their remote and hybrid meeting capabilities for non-elected municipal bodies so that they may better serve their constituents. The fund shall be credited with appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund, and any interest earned on such money. Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. No expenditure made from the fund shall cause the fund to become deficient.
SECTION 4. Chapter 7D of the General Laws is hereby amended by inserting the following new section:-
Section 12. (a) There shall be a competitive grant program developed and administered by the office of municipal and school technology within the executive office of information technology services and security for the implementation by municipalities of hybrid meetings for non-elected municipal public bodies. This grant program shall provide funds for the acquisition and adoption of technology to enable hybrid meetings and technical assistance to support hybrid meeting implementation. The commissioner may expend funds for this grant program from the Municipal Hybrid Meeting Trust Fund established in section 2RRRRR of chapter 29, hereinafter the trust fund.
(b) All grant applications shall include but not be limited to: (i) a plan for enabling all non-elected public bodies in the municipality to conduct hybrid meetings, including technology and meeting space upgrades and technical assistance; and (ii) a preliminary estimate of the cost of the plan.
(c) In approving grant applications, the office of municipal and school technology may give preference to applications from municipalities in rural areas and gateway cities.
(d) A municipality that is awarded funds pursuant to this section shall submit to the office of municipal and school technology a report describing how such funds have been expended, the municipality’s implementation of hybrid meetings across non-elected public bodies, and any remaining gaps in implementation of hybrid meetings.
(e) Money in the trust fund may be used to support the replication and the dissemination of best practices generated through the competitive grant program.
(f) Annually, not later than December 1, the office of municipal and school technology shall submit a report detailing expenditures from the trust fund to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on state administration and regulatory oversight.
SECTION 4. Section 20B of chapter 30A is hereby repealed.
SECTION 5. Section 20 of chapter 30A is hereby amended by striking out subsection (a) and inserting in place thereof:-
(a) Except as provided in section 21, all meetings of a public body shall be open to the public, except for a meeting of a public body in executive session as provided in section 21. All meetings of a public body shall be conducted as hybrid meetings.
SECTION 6. Sections 4 and 5 shall take effect on January 1, 2030.
SECTION 7. Sections 1 and 2 shall take effect 180 days after the effective date of this act.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide hybrid access to public meetings, 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 minority participation goals in exclusive contracts
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H3041
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HD2778
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:12:53.32'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-18T16:12:53.32'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:57:00.5766667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-13T14:31:02.4033333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T15:36:28.36'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 3041) of Carlos González and others relative to minority participation goals for sub-contractors hired by the exclusive contract to provide services. State Administration and Regulatory Oversight.
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Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 204. An exclusive contract to which the commonwealth, a county or a municipality is a party shall contain a 30 per cent minority participation goal for sub-contractors hired by the exclusive contract to provide services.
The commissioner shall promulgate regulations for minority participation goals established under this section.
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An Act ensuring uniformity in education discrimination complaint procedures
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H3042
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HD2946
| 193
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{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T09:45:42.8'}
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[{'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-19T09:45:42.8'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-20T13:25:37.0666667'}]
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Bill
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By Representative González of Springfield, a petition (accompanied by bill, House, No. 3042) of Carlos González and Bud L. Williams for legislation to ensure uniformity in education discrimination complaint procedures. State Administration and Regulatory Oversight.
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SECTION 1. Section 3 of chapter 151C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking lines 1-67, inclusive, and inserting in its place the following:
(a) Any person seeking admission as a student to any educational institution, or enrolled as a student in a vocational training institution, who claims to be aggrieved by an alleged unfair educational practice, hereinafter referred to as the complainant, may, independently, or through a parent or guardian, make, sign and file with the commission a verified complaint which shall set forth the particulars thereof and contain such other information as may be required by the commission. The attorney general may, in like manner, make, sign and file such complaint. The commission shall thereupon make an investigation in connection therewith; and after such investigation, if the commission shall determine that probable cause exists for crediting the allegations of the complaint, it shall attempt by informal methods of persuasion, conciliation or mediation to induce the elimination of such unfair educational practice.
(b) Where the commission has reason to believe that an applicant or applicants for admission to any educational institution, or enrolled student or students in a vocational training institution have been discriminated against, except that preferential selection by religious or denominational institutions of students on the grounds of religious or denominational affiliations shall not be considered an act of discrimination, the commission may on its own motion make an investigation.
(c) The commission shall not disclose what takes place during such informal efforts at persuasion, conciliation or mediation, and there shall not be offered in evidence in any proceeding the facts adduced in such informal efforts.
(d) A complaint pursuant to this section must be filed with the commission within 300 days after the alleged unfair educational practice was committed.
(e) If such informal methods fail to induce the elimination of the alleged unfair educational practice, the commission may issue and cause to be served upon such institution, hereinafter called the respondent, a certification of the complaint setting forth the alleged unfair educational practice charged for a hearing before the commission, at a place and time to be determined. The commission through the chairman may appoint a single commissioner or hearing officer to hold public hearings.
(f) The respondent shall have the right to answer the original and any amended complaint, and to appear at such hearing by counsel, present evidence and examine and cross-examine witnesses. The case in support of the complaint shall be presented before the commission by one of its attorneys or agents or by an attorney retained by the complainant.
(g) The commission shall have the power to subpoena witnesses, compel their attendance, administer oaths, take testimony under oath and require the production of evidence relating to the matter in question before it. The testimony taken at the hearing, which shall be public, shall be under oath and shall be recorded or transcribed and filed with the commission.
(h) If, upon all the evidence, the hearing commissioner or hearing officer shall determine that the respondent has engaged in an unfair educational practice, the commissioner or hearing officer shall state the findings of fact and conclusions, and shall issue and cause to be served upon the complainant and the respondent a copy of such findings and conclusions and an order requiring the respondent to cease and desist from such unfair educational practice. The commission may also take such affirmative action or issue any such other order as it may deem just and proper consistent with the provisions of section 5 of chapter 151B of the General Laws, as so appearing, including reasonable attorney’s fees and costs to any prevailing complainant.
(i) If, upon all the evidence, the hearing commissioner or hearing officer shall find that a respondent has not engaged in any unfair educational practice, the hearing commissioner or hearing officer shall state the findings of fact and conclusions and shall issue and cause to be served on the complainant and respondent a copy of such findings and conclusions and an order dismissing the complaint as to such respondent.
(j) Any party aggrieved by the decision of the hearing commissioner or hearing officer shall have the right to file an appeal to the Full Commission, and if such an appeal is taken, the decision of the Full Commission shall constitute the final agency decision for purposes of chapter 30A of the General Laws, as so appearing.
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An Act designating Dysautonomia & POTS awareness month
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H3043
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HD759
| 193
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{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:18:47.883'}
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[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:18:47.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3043/DocumentHistoryActions
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Bill
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By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 3043) of Patricia A. Haddad for the issuance by the Governor of an annual proclamation setting apart the month of October as Dysautonomia and POTS awareness month. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 15BBBBBB, the following section:—
Section 15CCCCCC. The governor shall annually issue a proclamation setting apart October as Dysautonomia & POTS Awareness Month and recommending that the month be observed in an appropriate manner by the people.
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An Act making October 25th Dwarfism awareness day in the Commonwealth
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H3044
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HD488
| 193
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{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T11:43:25'}
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[{'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-13T11:43:25'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-07-27T14:25:21.1'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-08-16T12:09:57.19'}]
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Bill
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By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 3044) of James K. Hawkins relative to making October 25th Dwarfism awareness day in the Commonwealth. State Administration and Regulatory Oversight.
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Whereas: The Little People of America was founded in 1957 by Billy Barty, an actor and little person in the filming industry, who started the organization in Nevada, and from there on we have become a big group.
Whereas: There are over 30,000 of us with dwarfism. We meet in our district groups during the fall and spring, there are 13 districts in the United States. Then for the summer, we meet nationally in a different state each year.
Whereas: Members of the Little People of America and people with dwarfism have been subjected to some uncomfortable situations, the Commonwealth of Massachusetts feels that with a better understanding of little people or someone of short stature, we seek to make a difference in the life of someone with dwarfism.
Whereas: The Commonwealth of Massachusetts wishes for people to understand that people with dwarfism are the same as an average-height person but have to navigate the world a little differently. The Commonwealth of Massachusetts wishes for everyone that is different to be afforded the same respect.
Whereas: The Little People of America is working towards having October 25th become National Dwarfism Awareness Day.
Therefore: The Commonwealth of Massachusetts officially declares October 25th Dwarfism Awareness Day and recognizes it as such.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith October 25 as Dwarfism Awareness Day, 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 prohibiting license revocation for student loan default
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H3045
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HD732
| 193
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{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:45:31.177'}
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[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-17T11:45:31.1766667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-17T11:46:11.38'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T19:54:16.5866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-24T11:44:39.2933333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-24T11:49:03.0666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:14:07.2633333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-24T13:14:07.2633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-24T17:24:03.95'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T17:24:03.95'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-24T17:24:03.95'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T10:28:33.6266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T10:28:33.6266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:41:11.3033333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T11:47:51.0033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:57:46.13'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-30T14:37:44.3033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-31T12:08:43.48'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T12:08:43.48'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-01T10:27:03.2466667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-01T10:27:03.2466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:15:56.03'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T12:30:27.7'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T09:26:04.8933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:26:04.8933333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-07T12:49:43.75'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-08T10:01:30.7'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T10:01:30.7'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T15:05:32.43'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-15T14:58:44.3133333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-20T08:38:15.98'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:39:18.0366667'}]
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{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-17T11:45:31.177'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3045/DocumentHistoryActions
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Bill
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By Representatives Higgins of Leominster and Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 3045) of Natalie M. Higgins, Kate Lipper-Garabedian and others relative to the renewal of certain licenses after default on student loans. State Administration and Regulatory Oversight.
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SECTION 1. Section 13 of chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
No board of registration operating pursuant to chapter 112 or agency shall deny issuance of, revoke or refuse to renew any professional or occupational certificate, registration, license or authority of an individual based on the individual’s default on an educational loan.
SECTION 2. Section 61 of chapter 112 of the General Laws is hereby amended by striking out the fifth paragraph, as so appearing, and inserting in place thereof the following paragraph:-
No board of registration operating pursuant to this chapter or agency shall deny issuance of, revoke or refuse to renew any professional or occupational certificate, registration, license or authority of an individual based on the individual’s default on an educational loan.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}, {'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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An Act designating the blanding turtle as the official turtle of the Commonwealth
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H3046
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HD3330
| 193
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{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-19T14:43:48.417'}
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[{'Id': 'K_H1', 'Name': 'Kate Hogan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_H1', 'ResponseDate': '2023-01-19T14:43:48.4166667'}]
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Bill
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By Representative Hogan of Stow, a petition (accompanied by bill, House, No. 3046) of Kate Hogan for legislation to designate the blanding turtle as the official turtle or turtle emblem of the Commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 2 of the General Laws as appearing the 2016 Official Edition is hereby amended by inserting at the end thereof the following section:-
Section 64. The Blanding Turtle shall be the official turtle or turtle emblem of the Commonwealth.
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An Act establishing the executive office of structural racism
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H3047
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HD3234
| 193
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{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:09:25.433'}
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[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:09:25.4333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T13:16:46.1433333'}]
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Bill
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By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 3047) of Russell E. Holmes and Michelle M. DuBois relative to establishing the executive office of structural racism. State Administration and Regulatory Oversight.
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SECTION 1. Section 2 of chapter 6A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “security”, in line 5, the second time it appears, the following words:- , structural racism.
SECTION 2. Said chapter 6A, as so appearing, is hereby further amended by adding the following section:-
Section 105. (a) There shall be an executive office of structural racism.
(b) The executive office of structural racism shall be under the supervision and control of a secretary of structural racism, in this section called the secretary. The secretary shall be appointed by and serve at the pleasure of the governor, shall receive such salary as the governor determines and shall devote full-time to the duties of the office.
(c) The secretary shall have all powers necessary or convenient to carry out the duties of the office including, but not limited to, the following duties and powers:
(1) Establish bureaus and other functional units within the office and hire employees;
(2) Coordinate, analyze, develop, evaluate, recommend and assist in implementing strategies and policies for advancing racial equity across state agencies and the office of the governor;
(3) Identify all known laws and rules, including but not limited to: general laws, special laws, ordinances, regulations, policies, standards and licensing that have perpetuated the structural inequality in the areas of economics, employment, housing, health and education, which have had a devastating impact on communities of color in Massachusetts. The office shall also investigate whether such rules and laws were crafted with a discriminatory intent to hinder the progress of federally protected groups;
(4) Review the various laws, ordinances policies, rules or regulations that are expected to be adopted by the commonwealth and create published findings on whether they will eventually perpetuate the structural disadvantages often faced by communities of color before any steps are taken in their implementation in the commonwealth. The office shall also monitor ongoing policy trends of facially neutral laws that are gravel impacting minority communities;
(5) Utilize the findings of recent studies that highlight racial disparities to make recommendations that would legitimately curtail the discriminatory treatment communities of color should have long been protected against;
(6) Develop yearly findings on the disproportionate impact that incarceration is having on low income residents of color in Massachusetts and describe its negative effects, not just on the lives of marginalized communities, but on the commonwealth as a whole;
(7) Identify the behavioral health conditions that develop due to the structural disadvantages, which impact people of color in the commonwealth, in addition to this strategize ways to make these communities more aware of the distinct behavioral health conditions that often come from their experience in the communities; and
(8) Study and develop published findings on how structural racism has exacerbated disproportionate minority contact with the criminal law system in Massachusetts.
(c) The office shall be provided access to any record of a state agency. The office shall not be required to obtain the approval of any state agency in connection with the collection or analysis of any such information, nor shall the office be required, prior to publication, to obtain the approval of any officer or employee of any executive or state agency with respect to the substance of any findings or reports, which the office has prepared under this section.
(d) The office may adopt and amend rules and regulations for the administration of its duties and powers to effectuate this section.
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An Act relative to the fair participation of minority and women-owned businesses on public construction projects
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H3048
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HD3235
| 193
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{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:10:38.283'}
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[{'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-20T11:10:38.2833333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T13:16:37.2233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/H3048/DocumentHistoryActions
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Bill
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By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 3048) of Russell E. Holmes and Michelle M. DuBois relative to the fair participation of minority and women-owned businesses on public construction projects. State Administration and Regulatory Oversight.
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SECTION 1. Section 6 of Chapter 7C of the Massachusetts General Laws is hereby amended by adding the following new subsection:-
(h ½) The provisions of this section shall only apply to filed sub-bids procured under section 44F of chapter 149 and trade contractor bids procured under section 8(a) of chapter 149A. For purposes of this section “applicable projects” shall mean any project procured by the division of capital asset management and maintenance, the Massachusetts State College Building Authority, the University of Massachusetts Building Authority, and the Massachusetts Port Authority under sections 44A-J of chapter 149 or sections 1-12 of chapter 149A and any state assisted building project with an overall estimated cost of $5,000.000 or more and the provisions of this section shall apply only to such filed sub-bid or CM at Risk trade packages. On applicable projects only, the awarding authority may establish minority owned business enterprise and women owned business enterprise participation goals for any of the filed sub-bid classes of work under section 44F of chapter 149 and for any of the trade contractor classes of work under section 8(a) of chapter 149A. The total minority owned business enterprise and for women owned business enterprise participation goal set by the awarding authority for a particular class of work shall not exceed 10 percent of the value of the filed sub-bid or trade contractor work. Notwithstanding any general law or contractual provision to the contrary, on applicable projects filed sub-bidders and trade contractors in the classes of work listed in section 44F of chapter 149 and referenced in section 8 of chapter 149 respectively shall be permitted to meet the minority owned business enterprise and women owned business enterprise participation goals by subcontracting out portions of the trade contractor work which the sub-bidder or trade contractor is otherwise required by law to perform with employees on its own payroll and/or portions of the trade work which is customarily performed by sub-trade subcontractors within the trade. Provided, the total value of the trade work which the filed sub-bidder or trade contractor is required by law to self-perform which the filed sub-bidder or trade contractor subcontracts out to meet the minority owned business enterprise and women owned business enterprise participation goal shall not exceed such goal by more than an additional 10 percent of the value of the filed sub-bidder or trade contractor’s work The commissioner shall establish a good faith pre bid and post bid/pre-award waiver process for filed sub-bidders and trade contractors requesting a reduction or waiver of a participation goal.
SECTION 2. Section 44F, subsection (1) (a) of Chapter 149 of the Massachusetts General Laws is hereby amended by inserting after the third sentence in the first paragraph, the following new sentence:-
Provided however, that a sub-bidder may subcontract out portions of its work in order to meet MBE/WBE goals set on Division of Capital Asset Management and Maintenance, Massachusetts State College Building Authority, University of Massachusetts Building Authority, and Massachusetts Port Authority projects and on any state assisted project as set forth in section 6(h1/2,) of chapter 7C.
SECTION 3. Section 8, subsection (g) (6) of Chapter 149A of the Massachusetts General Laws is hereby amended by adding at the end thereof the following new sentence:-
Provided however, that a trade contractor may subcontract out portions of its work in order to meet MBE/WBE goals set on Division of Capital Asset Management and Maintenance, Massachusetts State College Building Authority, University of Massachusetts Building Authority, and Massachusetts Port Authority projects and on any state assisted project as set forth in section 6(h1/2)of chapter 7C.
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An Act relative to Commonwealth building projects
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H3049
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HD1947
| 193
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{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:22:24.503'}
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[{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-19T00:22:24.5033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-02T17:02:09.8833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-02T17:02:09.8833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-03-02T17:02:09.8833333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-24T13:24:20.7766667'}]
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Bill
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By Representative Honan of Boston, a petition (accompanied by bill, House, No. 3049) of Kevin G. Honan and others relative to Commonwealth building projects. State Administration and Regulatory Oversight.
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Strike section 5 of chapter 7c, and replace it with a new section:
Section 5: The commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds $1,000,000 and involves structural or mechanical work. The commissioner may, upon request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects involving structural or mechanical work whose estimated cost is less than $10,000,000 if the commissioner determines that the agency or authority has the ability to control and supervise such project. Except as otherwise provided in this section, any state agency or building authority shall control and supervise its own building projects when the estimated cost of such project is less than $1,000,000, or if the project does not involve structural or mechanical work.
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An Act for all licensees for beer to be drunk on the premises must list the alcohol by volume for each beer selection on the menu
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H305
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HD1340
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:08:53.6'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-10T15:08:53.6'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 305) of Colleen M. Garry relative to the listing of the alcohol by volume for beer selections on menus. Consumer Protection and Professional Licensure.
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Chapter 138 Alcoholic Liquors at the end of section 78 add the following as section 79.
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An Act improving government accountability
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H3050
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HD2141
| 193
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{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-17T11:21:42.9'}
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[{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-17T11:21:42.9'}, {'Id': None, 'Name': 'Diana DiZoglio (Auditor)', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T11:21:42.93'}]
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Bill
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By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 3050) of Vanna Howard and Diana DiZoglio (Auditor) for legislation to improve government accountability. State Administration and Regulatory Oversight.
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SECTION 1. Section 2 of chapter 11 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by deleting, in line 2, the word “him”.
SECTION 2. Section 2 of said chapter, as so appearing, is hereby amended by deleting, in line 3, the word “him” and inserting, in line 3, after the word “by” the following words:- "the state auditor".
SECTION 3. Section 2 of said chapter, as so appearing, is hereby amended by inserting, in line 4, after the word “the” the following word:- "state".
SECTION 4. Section 2 of said chapter, as so appearing, is hereby amended by deleting, in line 5, the word “his” and inserting, in line 5, after the word “of” the following word:- "the".
SECTION 5. Section 2 of said chapter, as so appearing, is hereby amended by deleting, in line 10, the word “his”.
SECTION 6. Section 5 of said chapter, as so appearing, is hereby amended by deleting, in lines 2, 3, and 4, the words “a second, third and fourth deputy auditor, administrator of field operations of state audits and an administrator of field operations of authority audits” and inserting, in line 2, after the word “remove” the following words:- "deputy auditors".
SECTION 7. Section 6 of said chapter, as so appearing, is hereby amended by deleting, in lines 2, 3, 4, and 5, the words “Said employees shall be organized in five divisions, namely, the division of state audits, the division of authority audits, the division of federal audits, the division of contract audits and the division of local mandates.”.
SECTION 8. Section 6B of said chapter, as so appearing, is hereby amended by inserting in line 12 after the word “C” the following words:- "and the significant financial impacts under this section".
SECTION 9. Section 6B of said chapter, as so appearing, is hereby amended by deleting, in line 19, the words “every five years”.
SECTION 10: Section 6B of said chapter, as so appearing, is hereby amended by inserting, in line 21, after the word “towns.” the following words:- "The division shall also review every five years newly enacted laws and administrative regulations which have a significant financial impact upon cities and towns.".
SECTION 11. Section 6B of said chapter, as so appearing, is hereby amended by deleting, in line 23, the word “or” and inserting, in line 24, after the word “expenditures” the following words:- ", or grant or increase exemptions from local taxation".
SECTION 12. Section 6B of said chapter, as so appearing, is hereby amended by inserting after the fourth paragraph the following paragraph:- "Administrative agencies when adopting, repealing, or amending any rule or regulation that may have an impact on the cities and towns of the commonwealth shall provide the division with a copy of the local impact statement as described in Executive Order Number 145.".
SECTION 13: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 6 and 7, the words “and, for” and inserting, in line 6, following the word “revenue” the following words:- ". For".
SECTION 14: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 9, after the word “times” the following words:- ", as determined by the state auditor,".
SECTION 15: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 9, after the words “require the” the following word:- "timely".
SECTION 16: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 9, after the word “production” the following words:- ", as determined by the state auditor, but not later than ten business days following any request,".
SECTION 17: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 10, after the word “documents,” the following words:- "physical records, forms,".
SECTION 18: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 10, after the word “records” the following words:- ", including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 19: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 10 and 11, the words “to any matter within the scope of” and inserting, in line 10, after the word “relating” the following words:- "in any way to".
SECTION 20: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 12, the words “returns. In” and inserting, in line 12, after the word “tax" the following words:- "returns.
In".
SECTION 21: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 17, 18, and 19, the words “; provided, however, that each entity shall be audited at least once every 3 years and an entity shall be subject to audit as often as the state auditor determines it necessary. The” and inserting, in line 17, after the word “entities” the following words:- ". The state auditor shall audit each entity as often as determined by the state auditor, but not less than once every five years, based upon an identification of risk in statewide processes or programs or agency specific operations and activities.
The".
SECTION 22: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 23, the words “within the scope of any such” and inserting, in line 22, after the word “records” the following words:- "relating in any way to an".
SECTION 23: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 26, the words “States. In any audit report of” and inserting, in line 26, after the word “United” the following words:- "States.
For all audits issued by the department of the state auditor where it has identified findings relative to".
SECTION 24: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 30, 31, and 32, the following words “issued by the department of the state auditor, wherein there appears adverse or critical audit results, the state auditor may require a response, in writing, to such audit results.” and inserting, in line 30, after the word “court,” the following words:- "the auditee shall provide a written response to the department of the state auditor.".
SECTION 25: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 33, after the word “shall” the following words:- "contain a detailed description of the auditee’s plans to address the findings and recommendations contained in the audit report, and shall".
SECTION 26: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 34, 35, 36, 37, 38, 39, 40, 41, and 42, the words “A copy of the response shall be filed with the appropriate secretariat, the secretary of administration and finance, the cognizant executive board in the case of an authority, and the house and senate committees on ways and means. The state auditor shall notify the appropriate secretariat, the secretary of administration and finance, the cognizant executive board in the case of an authority, and the house and senate committees on ways and means in the event of an agency’s failure to respond or of the filing of unresponsive answers.”.
SECTION 27: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 44 and 45, the following words “examine; provided, however, that in” and inserting, in line 44, after the word “to” the following words:- "examine.
The department of the state auditor may require a corrective action plan. The state auditor may prescribe forms and issue guidelines governing an auditee’s corrective action plan. If the final audit report issued by the department of the state auditor requires a corrective action plan, the head of the entity audited shall file the corrective action plan within the timeframe required by the state auditor. The auditee’s corrective action plan shall be filed with the state auditor, the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, and the chairman and ranking minority members of the senate committee on post audit and oversight, and the chairman and ranking minority members of the house committee on post audit and oversight.
In".
SECTION 28: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 61, the following words “county. On” and inserting, in line 61, after the word “or” the following words:- "county.
On".
SECTION 29: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 69, the words “fraud. The” and inserting, in line 69, after the word “involve” the following words:- "fraud.
The".
SECTION 30: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 72, after the word “books,” the following word:- "physical".
SECTION 31: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 72, after the word “records” the following words:- ", documents, forms,".
SECTION 32: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 72, after the word “activities” the following words:- ", including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 33: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 77, after the word “necessary” the following words:- " , as determined by the state auditor,".
SECTION 34: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 91, after the words “activities,” the following words:- "as defined in this paragraph,".
SECTION 35: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 92, the words “vendor. The” and inserting, in line 92, the following words:- "vendor.
The".
SECTION 36: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 101, after the word “the” the following word:- "timely".
SECTION 37: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 101, after the word “production” the following words:- ", as determined by the state auditor, but not later than ten business days following any request,".
SECTION 38: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 101, after the word “documents,” the following words:- "physical records, forms,".
SECTION 39: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 102, after the word “records” the following words:- ", including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 40: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 102 and 103, the words “to any matter within the scope of such” and inserting, in line 102, after the word “relating” the following words:- "in any way to an".
SECTION 41: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 105, after the word “books,” the following word:- "physical".
SECTION 42: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 105, the following word:- "and".
SECTION 43: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 105, after the word “activities,” the following words:- "documents, and forms, including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 44: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 106 and 107, the words “to any matter within the scope of the” and inserting, in line 106, after the word “relating” the following words:- "in any way to an".
SECTION 45. Section 16 of said chapter, as so appearing, is hereby amended by deleting, in line 4, the words “and shall devote his entire time” and inserting, in line 4, after the word “experience” the following words:- ". The director’s time shall be devoted entirely".
SECTION 46. Section 16 of said chapter, as so appearing, is hereby amended by deleting, in line 5, the word “he” and inserting, in line 5, after the word “as” the following words:- "the state auditor".
SECTION 47. Section 17 of said chapter, as so appearing, is hereby amended by inserting, in line 6, after the word “assistance” the following words:- ", or any other agency or department,".
SECTION 48. Section 17 of said chapter, as so appearing, is hereby amended by inserting, in line 7, after the word “said” the following words:- "agencies or".
SECTION 49: Section 17 of said chapter, as so appearing, is hereby amended by inserting, in line 21, after the word “services” the following words:- ", and any other agency or department administering any assistance program,".
SECTION 50. Section 17 of said chapter, as so appearing, is hereby amended by deleting, in line 22, the words “records and accounts” and inserting, in line 22, after the word “such” the following words:- "physical records, forms, vouchers, and other records, including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein".
SECTION 51. Section 17 of said chapter, as so appearing, is hereby amended by deleting, in line 23, the words “and may require the production of books, documents and vouchers”.
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An Act relative to Massachusetts time zones and sunshine protection
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H3051
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HD2779
| 193
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{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-19T15:58:07.233'}
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[{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-19T15:58:07.2333333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-09-14T12:50:24.56'}]
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Bill
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By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 3051) of Vanna Howard relative to providing for permanent Atlantic standard time. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 4 of the General Laws is hereby amended by striking out section 10, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 10. The standard time within the commonwealth shall be the time known and designated by the federal statute as Atlantic standard time and shall be exempted from the change to daylight savings time pursuant to the exemption provisions of the federal Uniform Time Act of 1966, 15 U.S.C. section 260(a). And in all laws, statutes, orders, decrees, rules and regulations relating to the time of performance of any act by any officer or department of the commonwealth, or of any county, city, town or district thereof, or relating to the time in which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the commonwealth, and in all the public schools and in all institutions of the commonwealth, or of any county, city, town or district thereof, and in all contracts or choses in action made or to be performed in the commonwealth, it shall be understood and intended that the time shall be Atlantic standard time as changed by this section.
SECTION 2. Section 1 of this act shall take effect if two or more of the following states: New Hampshire, Vermont, Connecticut, Rhode Island, New York or Maine (i) enact an agreement adopting Atlantic standard time with the commonwealth, (ii) enact legislation having an identical effect with this act, or (iii) enact laws directing a state official to request the Secretary of Transportation of the United States to place that state in the Atlantic standard time zone.
SECTION 3. Within 90 days of the effective date of this act, the department of elementary and secondary education shall convene an educational task force to review the effect of school day start times for elementary school, middle school and secondary school students. The task force shall: (i) conduct a comprehensive study including, but not limited to, the impact of school start times on student academic performance, school scheduling issues, scientific and academic findings relative to the sleep needs of adolescents; (ii) schedule and hold public hearings throughout the commonwealth to ensure public input and comment; and (iii) make reasonable attempts at obtaining comments and suggestions from common stakeholders that may include teachers, students, parents of students, and education policy makers. The task force shall file a report containing its findings and recommendations, including legislation necessary to carry out its recommendations, with the joint committee on education not later than 12 months following the first meeting of the task force.
SECTION 4. Within 120 days of the effective date of this act, the governor shall petition the United States Department of Transportation to include the Commonwealth within the Atlantic standard time zone as provided for in the federal Uniform Time Act of 1966, 15 U.S.C. sections 260 to 267.
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An Act promoting the civil rights and inclusion of American Muslims in the Commonwealth
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H3052
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HD3730
| 193
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{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T14:10:14.657'}
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[{'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T14:10:14.6566667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-30T09:32:48.55'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-13T12:08:08.7833333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T21:01:49.4733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:47:57.2633333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-16T17:04:26.69'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-15T14:21:07.61'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-16T13:41:36.07'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-17T16:38:29.0066667'}]
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Bill
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By Representative Howard of Lowell, a petition (accompanied by bill, House, No. 3052) of Vanna Howard and others for legislation to create a permanent commission on the status of people who practice Islam. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following section:-
Section 71. (a) There shall be a permanent commission on the status of people who practice Islam consisting of 11 persons as follows: 2 persons appointed by the governor; 1 person appointed by the speaker of the house of representatives; 1 person appointed by the president of the senate; 1 person appointed by the attorney general; 2 persons appointed by the state secretary; 2 persons appointed by the senate chair of the Massachusetts general court’s joint committee on racial equity, civil rights, and inclusion; and 2 persons appointed by the house chair of the Massachusetts general court’s joint committee on racial equity, civil rights, and inclusion. Members of the commission shall reside in the commonwealth who have demonstrated a commitment to the Muslim American community. Members shall be subject to the provisions of chapter 268A as they apply to special state employees.
(b) Members shall serve terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services, provided however, that they shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(d) The commission shall be a resource to the commonwealth on issues affecting American Muslim communities in the commonwealth. In furtherance of that responsibility, the commission shall: (1) promote research and serve as a clearinghouse and source of information on issues pertaining to American Muslims in the commonwealth; (2) inform the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting American Muslims in the commonwealth; (3) foster unity among the American Muslim community and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities; (4) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to American Muslims in the commonwealth; (5) identify and recommend qualified American Muslims for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate; (6) assess programs and practices in all state agencies as they affect American Muslims, as the commission considers necessary and appropriate; (7) advise executive and legislative bodies on the potential effect on American Muslims of proposed legislation, as the commission considers necessary and appropriate; and (8) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of American Muslims in the commonwealth.
(e) The commission shall annually, on or before 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 house of representatives.
(f) The powers of the commission shall include, but not be limited, to: (1) using the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including the provision of meeting places and refreshments; (2) holding regular, public meetings and holding fact-finding hearings and other public forums as it considers necessary; (3) directing staff to perform its duties; (4) establishing and maintaining offices that it considers necessary, subject to appropriation; (5) enacting by-laws for its own governance that are not inconsistent with any general or special law; and (6) recommending policies and making recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).
(g) The commission may request from all state agencies whatever information and assistance the commission requires.
(h) 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. These funds shall be deposited in a separate account with the state secretary’s office, be received by the state secretary on behalf of the commonwealth, and be expended by the commission in accordance with law.
(i) The commission staff shall consist of a paid executive director, employees and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.
SECTION 2. Notwithstanding section 1, the initial members of the American Muslim commission shall be appointed for the following terms:-
(a) The governor shall appoint, on or before December, 1, 2024 2 members, each for a term of 3 years.
(b) The attorney general shall appoint, on or before December 1, 2024, 1 member for a term of 3 years.
(c) The speaker of the house of representatives shall appoint, on or before December 1, 2024, 1 member for a term of 3 years.
(d) The president of the senate shall appoint, on or before December 1 2024, 1 member for a term of 3 years.
(e) The state secretary shall appoint, on or before December 1, 2024, 2 members, each for a term of 3 years.
(f) The chair of the Senate committee on racial equity, civil rights shall appoint, on or before December 1, 2024, 2 members, each for a term of 3 years.
(g) The chair of the House committee on racial equity, civil rights shall appoint, on or before December 1, 2024, 2 members, each for a 3 year term.
SECTION 3. The executive director of the American Muslim commission, established by section 1, shall initially be appointed by the commissioners for the term of 3 years on or before December 1, 2025.
SECTION 4. Sections 1 to 3, inclusive, shall take effect on December 1, 2024.
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[]
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[]
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[]
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An Act relative to transparency for grant applications
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H3053
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HD1499
| 193
|
{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T14:25:53.017'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T14:25:53.0166667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-03T15:23:37.2133333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-14T08:15:59.81'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:51:54.94'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-02-14T15:02:07.7066667'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3053) of Steven S. Howitt and others relative to information provided to relevant state agencies upon the submission of applications for state grant funding. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding any general provisions or special laws to the contrary, nonprofit organizations shall provide the following to relevant state agencies upon the submission of an application for state grant funding:
(1) A financial statement containing a full accounting of any existing endowment belonging to the nonprofit.
(2) A comprehensive listing of any and all foreign donors and the amount of money, goods and/or services donated to that organization within the last 5 years.
(3) A statement disclosing contracts with the Commonwealth for goods and/or services rendered.
(4) A statement disclosing existing business contracts between the Commonwealth and members of the board of directors for said organization.
SECTION 2. The office of the treasurer shall promulgate rules, regulations, and relevant documentation pursuant to the implementation of this Act.
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[]
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[]
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[]
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An Act relative to prohibiting discrimination in public accommodations
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H3054
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HD1536
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T14:54:10.163'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T14:54:10.1633333'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3054) of Steven S. Howitt relative to the reasons for debarment from the consolidated list of contractors for public contracts. State Administration and Regulatory Oversight.
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SECTION 1. Clause (1) of subsection (c) of Section 29F of Chapter 29 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by inserting after the word “or”, in line 82, the following:-
“(xi) a violation of any state or federal law prohibiting discrimination in public accommodations; or”
SECTION 2. Clause (2) of subsection (c) of Section 29F of Chapter 29 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking subclause (v), in lines 97 to 100, and inserting in place there of the following:-
“(v) adopted policies against any sovereign nation or peoples recognized by the government of the United States which are used to discriminate in violation of any state or federal law prohibiting discrimination in public accommodations or employment; (vi) any other cause affecting the responsibility of a contractor which the secretary or the commissioner determines to be of such serious and compelling nature as to warrant debarment”
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[]
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[]
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[]
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An Act relative to CPCS reimbursement
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H3055
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HD1684
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T16:34:48.11'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T16:34:48.11'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3055) of Steven S. Howitt for legislation to prohibit members of the General Court from directly or indirectly receiving or requesting compensation from anyone in relation to Committee for Public Counsel Services duties. State Administration and Regulatory Oversight.
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SECTION 1. Section 6B of chapter 211D, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
No member of the general court shall directly or indirectly receive or request compensation, in relation to the duties prescribed in section 5.
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[]
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[]
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[]
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An Act relative to corporate filing requirements
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H3056
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HD1730
| 193
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{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T16:51:17.613'}
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[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-18T16:51:17.6133333'}]
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Bill
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By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3056) of Steven S. Howitt relative to corporate filing requirements. State Administration and Regulatory Oversight.
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SECTION 1. Section 3B of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “function” in line 14, the following words:-
provided, that no additional surcharge shall be assessed due to payment method where such method, whether by check, credit card, electronic means or other instrument, is approved for use;
SECTION 2. Section 63 of chapter 109 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:-
(b) The fee for filing the annual report shall be $450, or such amount as the secretary shall designate; provided, however, that no additional surcharge shall be assessed due to payment method where such method, whether by check, credit card, electronic means or other instrument, is approved for use.
SECTION 3. Section 16.22 of chapter 156D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following clause:- (d) When filing said annual report, no additional surcharge shall be assessed due to payment method where such method, whether by check, credit card, electronic means or other instrument, is approved for use.
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[]
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[]
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[]
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An Act relative to timely decisions by awarding authorities
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H3057
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HD1857
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T20:14:30.583'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T20:14:30.5833333'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 3057) of Daniel J. Hunt for legislation relative to timely decisions by awarding authorities. State Administration and Regulatory Oversight.
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SECTION 1. Section 39P of Chapter 30 of the General Laws is hereby amended by striking the word “thirty” each time it appears and inserting in place thereof the word “fifteen” and is further amended by adding at the end thereof the following:-
, but such date shall not exceed 60 days from submission.
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[]
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[]
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[]
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An Act establishing building trades recovery week
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H3058
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HD1881
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:15:15.627'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:15:15.6266667'}, {'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-03-06T13:17:34.76'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 3058) of Daniel J. Hunt and David Biele for the issuance of an annual proclamation by the Governor to designate the last full week in April as building trades recovery week. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15IIIIII the following section:-
Section 15JJJJJJ. The governor shall annually issue a proclamation setting apart the last week in April as Building Trades Recovery Week, for the Buildings Trades Employers Association to promote awareness of the dangers of opioids and substance misuse among workers in the construction industry and facilitate discussions and events to combat the opioid epidemic and promote mental health in the commonwealth's building construction industry.
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[]
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[]
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[]
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An Act relative to the state property zoning exemption
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H3059
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HD1882
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:16:07.957'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:16:07.9566667'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 3059) of Daniel J. Hunt relative to the state property zoning exemption. State Administration and Regulatory Oversight.
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Section 4 of chapter 7C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding section 3 of chapter 40A, or any other general or special law to the contrary, the division of capital asset management and maintenance shall not approve any building project which is also a public-private agreement unless said project shall be subject to local zoning ordinances; and provided, further, that the division shall not approve any building project which is also a public-private agreement if such project will result in the issuance of a bond.
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[]
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[]
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[]
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An Act relative to cardholder surcharges
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H306
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HD1587
| 193
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{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T16:02:05.843'}
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[{'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-01-18T16:02:05.8433333'}]
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Bill
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By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 306) of Colleen M. Garry relative to credit card surcharges. Consumer Protection and Professional Licensure.
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SECTION 1. Section 28A of chapter 140D of the General Laws, is amended by striking out, in line 7-9, the words “(2) No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check or similar means." and replace it with the following words: "(2) A seller in any sales transaction may impose a surcharge of one half of the processing fee on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means. The charging of the surcharge fee shall be clearly stated on the bill or invoice prior to payment."
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[]
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[]
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[]
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An Act relating to fair pay and safe workplaces
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H3060
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HD1883
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:17:53.283'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:17:53.2833333'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 3060) of Daniel J. Hunt for legislation to further regulate state contracts and sub-contracts. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after section 29k the following section:-
Section 29l. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:--
“Offeror”, the person who has authority to, and does submit an offer to a state agency to enter into any state contract;
“State agency” shall have the meaning given the term in section 1 of chapter 29;
“State contract”, any contract with a state agency whereby the state agency is obligated to make payment to the contracting party for goods, services, or other work to be delivered or performed under the contract;
“State contracting officer”, any person with the authority to enter into a contract on behalf of a state agency;
“Workplace laws”, shall mean any regulation, statute, or law that aims to prohibit discrimination in, or regulate, the workplace that is applicable to a contracting entity;
(b) All state contracting officers shall ensure that the solicitation for a state contract requires the offeror-
(1) to represent, to the best of the offeror’s knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment rendered against the offeror in the preceding three years for violations of any workplace laws, including health and safety standards, wage laws, and civil rights laws; including but not limited to:
a. the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq.;
b. the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq.;
c. the National Labor Relations Act, 29 U.S.C. 151 et seq.;
d. the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.;
e. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.;
f. the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.;
g. the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.;
h. the Civil Service Reform Act of 1978;
i. the Immigration and Nationality Act, 8 U.S.C. 1101 et seq.;
j. Executive Order 11246;
k. Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. 1981;
l. Massachusetts Workers Compensation Laws,
m. the Genetic Information Nondiscrimination Act of 2008;
n. Chapter 151B of the General Laws; or
o. Any other equivalent state or federal laws.
(2) to require each subcontractor for state contract to represent to the offeror, to the best of the subcontractor’s knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment rendered against the subcontractor in the preceding three years for violations of any such workplace laws, including health and safety standards, wage laws, and civil rights laws as enumerated above.
(c) All state contracting officers, in consultation with the Executive Office of Labor and Workforce Development, shall consider information provided by the offeror under section 29l in determining whether to award a contract.
(d) The state contracting officer for an awarded contract shall require that the contractor update the information provided under section 29l every six months. The state contracting officer, in consultation with the Executive Office of Labor and Workforce Development, shall determine whether any information provided under this section warrants corrective action. Such action may include:
(1) an agreement requiring appropriate remedial measures;
(2) compliance assistance;
(3) resolving issues to avoid further violations; or
(4) the decision not to exercise an option on a contract or to terminate the contract.
SECTION 2. This act shall take effect 90 days after its passage.
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[]
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[]
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[]
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An Act relative to designation of the state public health laboratory campus in honor of Dr. Alfred DeMaria, Jr
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H3061
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HD1893
| 193
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{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T15:09:56.547'}
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[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T15:09:56.5466667'}]
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Bill
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By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 3061) of Daniel J. Hunt relative to designation of the state public health laboratory campus in honor of Dr. Alfred DeMaria, Jr. State Administration and Regulatory Oversight.
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SECTION XX. The Department of Public Health State Public Health Laboratory campus, located in the Jamaica Plain district of the city of Boston, shall be designated and known as the Dr. Alfred DeMaria, Jr. Campus, in recognition of Dr. Alfred DeMaria, Jr., a pioneer in epidemiology and former state epidemiologist, chief infectious disease medical officer, and assistant commissioner of the department of public health. A suitable marker bearing that designation shall be attached to the campus by the department of public health. Nothing in this section shall be construed to modify the designation of the tower building on said campus as the Dr. William A. Hinton Laboratory pursuant to chapter 124 of the acts of 2009.
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[]
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[]
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[]
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An Act relative to cyber procurement projects
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H3062
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HD1972
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:12:49.013'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T11:12:49.0133333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:14:49.9633333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:50:53.61'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:02:26.2833333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T15:01:03.0233333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:46:19.54'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 3062) of Bradley H. Jones, Jr., and others relative to the procuring of information technology goods or services by state agencies. State Administration and Regulatory Oversight.
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SECTION 1: Chapter 30B of the General Laws, as appearing in the 2020 Official Edition is hereby amended by inserting after section 23 the following new section:-
Section 24. Any state agency procuring information technology goods or services shall give preference to vendors which carry cybersecurity insurance. This section shall not be construed to preclude vendors without cybersecurity insurance from submitting solicitations to the state or being awarded bids by the state for information technology goods or services.
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[]
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[]
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[]
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An Act relative to permitting public corporations to hold remote annual and special meetings
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H3063
|
HD2011
| 193
|
{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T17:57:40.627'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T17:57:40.6266667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:28:45.4066667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:58:48.87'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:39:01.47'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:56:18.1933333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:28:16.4533333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:51:09.0033333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:48:10.0033333'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 3063) of Bradley H. Jones, Jr., and others for legislation to authorize public corporations to hold remote annual and special meetings. State Administration and Regulatory Oversight.
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SECTION 1. Section 7.08 of chapter 156D of the General Laws is hereby amended by striking out the first paragraph, as appearing in the 2020 Official Edition, and inserting in place thereof the following paragraph:-
Unless otherwise provided in the articles of organization or bylaws, if authorized by the board of directors: any annual or special meeting of shareholders need not be held at any place but may instead be held solely by means of remote communication, including, if said meetings are held by public corporations; and subject to such guidelines and procedures as the board of directors may adopt, shareholders and proxyholders not physically present at a meeting of shareholders may, by means of remote communications:
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[]
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[]
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[]
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An Act relative to online posting of CMRs
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H3064
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HD2057
| 193
|
{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T09:58:35.137'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-18T09:58:35.1366667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:23:01.8133333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:07:09.0966667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-29T12:00:51.84'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:36:52.5933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:50:24.9533333'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T16:51:06.1533333'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:44:10.69'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 3064) of Bradley H. Jones, Jr., and others relative to the online posting of Commonwealth of Massachusetts Regulations. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 30 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by inserting the following new section:-
“Section X: Notwithstanding any general or special law to the contrary, each agency within the Executive branch must post all relevant Code of Massachusetts Regulations (CMR) on the Executive agency’s website. Each agency must further update said regulations by June 30 of each year.”
SECTION 2: This act shall become effective on July 1, 2023.
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An Act relative to requiring premium impact statements
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H3065
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HD2560
| 193
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{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-19T14:33:19.47'}
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[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-19T14:33:19.47'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:00:53.2033333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:19:49.3266667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T13:12:30.6233333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T15:56:16.4733333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T12:37:27.3533333'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-08T11:01:27.69'}]
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Bill
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By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 3065) of Bradley H. Jones, Jr., and others for legislation to require disclosure of changes to health care and insurance regulations by certain state agencies. State Administration and Regulatory Oversight.
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SECTION 1. Prior to the adoption, amendment, or repeal of any health care or health insurance-related regulation, an agency must file with the secretary of state’s office a public notice of the proposed action and include a premium impact statement. In the statement, the agency must consider the impact the proposed action will or will not have on health insurance premium rates in Massachusetts. The agency must afford the public an opportunity to present data, views, or arguments related to the impact statement, and prior to adopting the proposed regulation, the agency must file an amended premium impact statement with the secretary of state’s office.
SECTION 2. Any joint committee, house committee, or senate committee may report favorably any bill or petition relative to health care or health insurance so long as that bill or petition shall have first received a premium impact statement conducted by the center for health information and analysis. Any joint committee, house committee or senate committee shall refer all healthcare and health insurance related bills or petitions to an accompanied study order pending a final report by the center for health information and analysis pursuant to this section."
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An Act to eliminate contingency fee auditors
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H3066
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HD183
| 193
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{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T14:32:28.033'}
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[{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-10T14:32:28.0333333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:35:38.32'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:38:07.6666667'}]
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Bill
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By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 3066) of Hannah Kane, Paul A. Schmid, III and David Allen Robertson for legislation to eliminate contingency fee auditors by state agencies and constitutional offices. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding any special or general law to the contrary, in determining the liability of any taxpayer for a tax, the department of revenue, the state treasurer nor any state agency or constitutional officer shall contract with or employ any person, agent or firm who is compensated in whole or in part by the state for services rendered on a contingent basis or any other basis related to the amount of tax, interest, or penalty assessed against or collected from the taxpayer.
SECTION 2. Notwithstanding any special or general law to the contrary, the department of revenue, the state treasurer or constitutional officer and any other state agency, in any contract with or employment of any person, agent or firm to assist a local municipal official in the performance of the local municipal assessor’s duties, may not compensate such person or firm, in whole or in part, on a contingent fee basis or any other similar method that may impair the assessor’s independence or the perception of the assessor’s independence by the public.
SECTION 3. Chapter 14 of the General Laws is hereby amended by inserting, after section 3A, the following new section:-
Section 3B. Notwithstanding any special or general law to the contrary, the department of revenue, the state treasurer or constitutional officer and any other state agency are expressly prohibited from contracting with or employing any person, agent or firm on a contingent fee basis or any other similar method that may impair an auditor’s independence.
SECTION 4. Notwithstanding any special or general law to the contrary, the department of revenue, the state treasurer and any other state agency or constitutional officer may not contract with or employ a tax expert for the purposes of determining the tax liability of any taxpayer for a tax or to defend the state department of revenue’s or state treasurer’s position during the course of a dispute, mediation or litigation a person, agent or firm may not be compensated, in whole or in part, on a contingent fee basis or any other similar method that may impair the assessor’s independence or the perception of the assessor’s independence by the public.
SECTION 5. Any regulations promulgated by any state agency or constitutional officer, including the state treasurer and the department of revenue, authorizing the use of contingent based contracts shall be repealed.
SECTION 6. Section 12 of Chapter 200A of the General Laws is hereby amended by inserting, after subsection (i), a new subsection:-
(j) Notwithstanding any special or general law to the contrary, the department of revenue, the state treasurer, a constitutional officer, and any other state agency are expressly prohibited from contracting with or employing any person, agent or firm on a contingent fee basis or any other similar method that may impair an auditor’s independence.
SECTION 7. This act becomes effective July 1, 2021, and applies to audits, determinations of liability, assessments, and services of a tax expert contracted for on or after that date. State agencies and constitutional officers shall not renew contingency fee based contracts for these services after July 1, 2021. For contingency fee based contracts entered into prior to July 1, 2021, state agencies and constitutional officers shall not assign further audits on a contingency fee basis to an auditing firm under such contracts that meet all the following conditions: (i) the contract would have been prohibited under this act had the contract been entered into on or after July 1, 2021, and (ii) the contract allows the assignment of audits on a discretionary basis by the state agency or constitutional officer.”
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An Act establishing a special commission to investigate and study the feasibility of establishing a municipal building financing authority
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H3067
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HD1011
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T19:36:14.177'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T19:36:14.1766667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:22:46.57'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 3067) of Patrick Joseph Kearney for legislation to provide for an investigation by a special commission (including members of the General Court) relative to establishing a municipal building finance authority. State Administration and Regulatory Oversight.
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SECTION 1. There is hereby established a special commission to investigate and study the feasibility of establishing a municipal building finance authority.
SECTION 2. The commission shall: (1) consider recommendations from state and federal reports, relative to the establishment of a municipal building finance authority; (2) identify and consider state and private funding sources with consideration for providing grants and loans to cities and towns for the planning, design, and construction of municipal buildings; (3) assess innovative financing approaches for assisting municipalities in the planning and construction of municipal buildings including, but not limited to, councils-on-aging facilities, public safety facilities, town halls, and other municipal buildings or facilities; and (4) determine specific powers of a municipal building finance authority including but not limited to (a) establishing grant programs, (b) providing architectural or other technical advice and assistance to municipalities, general contractors, subcontractors, construction or project managers, designers and others in the planning, maintenance and establishment of municipal facilities; (c) perform or commission a needs survey to ascertain the capital construction, reconstruction, maintenance and other capital needs for municipal facilities in the commonwealth, and (d) recommend to the general court legislation as necessary to further the purposes of establishing a municipal building finance authority.
SECTION 2. The municipal building finance commission shall be comprised of the following 13 members: 2 members of the senate appointed by the senate president; 2 members of the house of representatives appointed by the speaker of the house; 1 member of the senate and 1 member of the house of representatives appointed by the minority leader of each; the state treasurer or a designee, the secretary of administration and finance or a designee, the secretary of public safety and security or a designee, the secretary of elder affairs or a designee; the secretary of housing and economic development or a designee; the executive director of the school building authority or a designee and a representative of the Massachusetts Municipal Association.
The members of the commission shall be appointed not later than 90 days after the effective date of this act and shall serve until the completion of the report.
SECTION 3. The commission shall report to the general court the results of its study together with recommendations and drafts of legislation by filing the same with the clerks of the senate and the house of representatives on or before December 31, 2023.
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An Act to procure public products or services from Massachusetts or the United States
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H3068
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HD1673
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T16:33:44.523'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T16:33:44.5233333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:11:47.82'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 3068) of Patrick Joseph Kearney for legislation to procure public products or services from businesses in Massachusetts or the United States. State Administration and Regulatory Oversight.
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Chapter 7 of the General Laws is hereby amended by striking out section 22O, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 22O. Notwithstanding any general or special law to the contrary relating to procurement, and to the extent permitted by federal law, a state agency or authority shall procure products or services from businesses, as defined in section 3A of chapter 23A, with their principal place of business in the commonwealth when available, provided that the same products or serves are not available for 10% less in cost out of the commonwealth. When products or services are not available in the commonwealth, they must be made from businesses within the United States, provided that the same products or serves are not available for 10% less out of United States. When products or services are not available within the United States, then foreign purchases are permissible. In addition, the operational services division shall endeavor to ensure that in any fiscal year no less than 15 per cent of statewide procurement contracts are entered into with businesses, as so defined, which: (i) are independently owned and operated; (ii) have a principal place of business in the commonwealth; (iii) have been in business for at least 1 year; and (iv) are defined as a small business under applicable federal law or are defined by the division as small businesses pursuant to the small business purchasing program.
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An Act relative to collective bargaining rights for legislative employees
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H3069
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HD2435
| 193
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{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T15:43:43.263'}
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[{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-18T15:43:43.2633333'}, {'Id': None, 'Name': 'Kevin J. Holland, IBEW Local 2222 AFL-CIO', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T15:43:43.28'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-05-02T17:19:25.89'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-06-09T08:24:29.43'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-15T16:18:16.67'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-03-29T13:10:33.2'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-09-05T15:39:30.46'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T14:50:04.5433333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-03T13:45:24.1433333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-27T10:40:10.87'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-12T17:24:54.71'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-06-13T16:17:01.7'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-29T17:11:07.1733333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-05-12T13:09:42.72'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:16:32.5366667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-24T11:20:32.8233333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-09-23T17:45:35.12'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-24T08:55:59.3433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T20:15:47.59'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-08-29T18:20:01.8433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-08T09:41:07.0266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-09-27T12:29:37.93'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-13T13:28:12.8933333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:22:17.2466667'}]
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Bill
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By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 3069) of Patrick Joseph Kearney and others relative to allowing legislative employees to unionize. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of Chapter 150E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive”, in line 10, the following:- , legislative,
SECTION 2. Said section 1 of said chapter 150E, as so appearing, is hereby further amended by inserting after the definition of "Legislative body", the following paragraphs:-
"Legislative employees", all employees of the general court, including, but not limited to, legislative personnel employees, employees of committees, caucuses, legislative information services, the house and senate business offices, the engrossing division, the house and senate clerk's offices, the house and senate counsel's offices and the house and senate human resources offices.
"Legislative personal employees," general court employees whom the house speaker or senate president has approved for employment in the office of a particular senator or representative at the request of said senator or representative.
SECTION 3. Section 3 of said chapter 150E, as so appearing, is hereby amended by inserting after the third paragraph the following paragraphs:-
Appropriate bargaining units in the senate may include all legislative employees; provided, however, that (1) in the case of legislative personal employees, legislative employees within the senate president's office, the senate minority leader's office, the office of the chair of the senate ways and means committee, the senate clerk's office, or senate counsel's office may be managerial or confidential employees that are excluded from the bargaining unit if said employees are managerial or confidential employees as defined in section 1; and (2) in the case of all other legislative employees, said employees may be excluded from a bargaining unit if said employees as managerial or confidential employees as defined in section 1.
Appropriate bargaining units in the house may include all legislative employees; provided, however, that (1) in the case of legislative personal employees, legislative employees within the house speaker's office, the house minority leader's office, the office of the chair of the house ways and means committee, the house clerk's office, or house counsel's office may be managerial or confidential employees that are excluded from the bargaining unit if said employees are managerial or confidential employees as defined in section 1; and (2) in the case of all other legislative employees, said employees may be excluded from a bargaining unit if said employees as managerial or confidential employees as defined in section 1.
SECTION 4. Section 23 of chapter 268A of the General Laws is hereby amended by striking out the word ";and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest" and inserting in place thereof the following words:- ;(iv) establishing additional exclusions for other situations that do not present a genuine risk of conflict or the appearance of a conflict of interest; and (v) establishing specific exemptions, exclusions and procedures for curing particular perceptions of a conflict of interest as they may apply to exclusive representatives under chapter 150E.
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